PDA

View Full Version : Will he/she get away with it?


griff_106
29th August 2012, 22:36
Ok, bit of a story behind this one, so please be nice... :homme:

Griff Senior had owned a 57/08 SEAT Leon FR DSG petrol for about 4 and a half years until the start of the month when he decided to chop her in for a new SEAT Leon Supercopa manual diesel at the start of the month. We collected the new car on 5/08 and then got a letter through the post on 14/08 confirming he was no longer the registered keeper of the vehicle - the garage were eager to get the car onto their forecourt as they could see it shifting very quickly - it obviously had.

Fast forward to this evening (29/08) when he hands me a letter which turned out to a NIP from Sussex Police of a speeding offence that occured on 19/08. I nearly fell about the place laughing; he's never got a speeding ticket (touch wood) in his life. But then I realised - this was a NIP for a certain 57 plate SEAT - not the 12 plate example we have sitting out on the drive. It would appear the new owner has been caught speeding but the letter has been sent to us. Now neither of us are worried that he'll get the 3 points and £60 fine - it's quite clearly a clerical error of some form.

But here's my question - the original NIP was sent 10 days after the offence - by the time my Dad explains to the DVLA/Sussex Police of the error (tomorrow) the new owner is tracked and prosecuted, the 'magical' 14 day period will have lapsed - will he/she get away with it? I have read the letter and it says that the 14 day period is irrelevant, but I am of the opinion that - for want of a better word - is bollocks.

Any ideas? I'd just be intrigued to see how it turns out, but it's highly unlikely that I will because of the fact that the car is no longer registered to us.

wadoryu
29th August 2012, 22:38
They'll get away with it, oh well life goes on.

Ross
29th August 2012, 22:45
No they wont get away with it.

The NIP has to be served in the FIRST INSTANCE within 14 days. If it turns out the car was being driven by someone else, then the time limit doesn't affect it, it's simply the NIP has to be ISSUED within 14 days.

Think lease/company/shared cars.

Your old man will need to return the form completed though, even though he wasn't the owner at the time. There is a separate offence of non-return of that form. Just send it back, "I wasn't the driver" option, copy the letter from DVLA showing no longer registered keeper, job done. Police will reissue to the new keeper.

blackie_2k5
29th August 2012, 22:49
yeah basically theyll get a new letter..

griff_106
29th August 2012, 23:16
No they wont get away with it.

The NIP has to be served in the FIRST INSTANCE within 14 days. If it turns out the car was being driven by someone else, then the time limit doesn't affect it, it's simply the NIP has to be ISSUED within 14 days.

Think lease/company/shared cars.

Your old man will need to return the form completed though, even though he wasn't the owner at the time. There is a separate offence of non-return of that form. Just send it back, "I wasn't the driver" option, copy the letter from DVLA showing no longer registered keeper, job done. Police will reissue to the new keeper.

Yeah I saw that section - that's what the old man will do in the morning. Heh I thought I'd exposed some loophole in the system for a bit - the whole lease car/company car thing makes sense though. Thinking about it, I'm sure lots of people would've exploited this (non-exsistent) loophole to commit crime etc. in the past by now if this was the case and buy a car, commit said crime and then let the previous owner take the blame.

I'm such a div sometimes... :panic: haha

DUFC
29th August 2012, 23:23
An nip has to be issued to the registered keeper of the car within fourteen days, as the car was recently sold, the dvla wont have updated the database with the new owners details. Therefore you have it. Legally you must provide the identity of the driver and cannot lie, there will be a section where you say it wasnt you, so fill it in with the new owners detail, or phone up the safety camera partnerhip, i would definitely make sure the car was sold by the date of the offence though.

Ross
29th August 2012, 23:30
I think there's an echo in here...

griff_106
29th August 2012, 23:43
I think there's an echo in here...

Haha I heard that too mate :p

I just thought it a tad odd as there was a 5 day gap between the letter informing us that we he was no longer the registered keeper (i.e they recognised that the car was no longer in our ownership) and the offence itself. I thought they would update it more often than 5 days apart... :wacko: