Slightly odd speeding query

paradigm · 3 Jun 2006 at 22:41

lol @ John! i was hesitating overtaking that guy, thats why i was "slacking" lol!

Not going to lie, nor get my father to lie. Will most likely just take it, my insurance only goes up £30 for it anyway.

n3vrmind · 3 Jun 2006 at 23:24

get your dad to write the letter

from that point on its down to the police to see that the guy obviously did sell the car (being that its not in his possesion) and lookup your name on the DVLA records, your dad is not responsible as he's not driven the car and until your notified of the offense neither are you

your dad might not have reconised the reg plate and thats all he'd need to say, perfectly valid defence if they question why he didnt implicate you but isnt there something in the law that says you cant be forced to implicate a family member like you cant be forced to implicate yourself

if you write the letter and send it off its unlikely the old owner will accept the flack, he's sold it and theres DVLA records to prove it and he has made an effort to ID the driver. the police will either use the DVLA records to track you or drop it, worst that can happen is they do their jobs and you get some points which you might rightly deserve but if they take the lazy option consider yourself lucky

thebrasso · 4 Jun 2006 at 10:39

If it were me I'd take it on the chin, I think if your dad sends a letter stating he isn't the owner of the car and he wasn't driving they could see it as taking the pee unless he points out that you are actually the registered owner of the car.

I'd go as far as saying he should point out that you are the registered owner of the car. Then he can't be done for trying to pervert the course of justice or something by denying knowledge of a car that is parked outside his house every day.

paradigm · 4 Jun 2006 at 10:43

thebrasso said:
I'd go as far as saying he should point out that you are the registered owner of the car. Then he can't be done for trying to pervert the course of justice or something by denying knowledge of a car that is parked outside his house every day.

He isn't asked to provide that information. The NIP purely asks if the car is his, if it isn't then that is all the information needed.

I will ask a professional about this, but in no way will I implicate myself if it is not a legal requirement to.

thebrasso · 4 Jun 2006 at 11:07

Aye, I'd ask for some advice but that is true actually, all the NIP asks is if the car is his.

So if he says, no it isn't he isn't lying in any way.

But if/when it emerges that the car being mentioned resides at that address, and he has said he didn't know anything about they may decide that he has tried to obstruct proceedings.

Legal advice is the way though, the above is just what I think I'd be interested to find out how it would work.

Maz · 4 Jun 2006 at 11:12

Sounds like its gone back to the place you bought it from and they've send it back to the police with your dads name on it.

What you need to do now is send it back with your name on it.

ZG002 · 4 Jun 2006 at 11:25

Its not your dads job to do the work for them.

Does the N.I.P say somewhere that if you were not driving then do you know was?

(ive never recived one yet..touches wood)

If not then id send the thing back saying no i wasnt driving said car.. its then up to the police to contact your farther and ask him if he knows who was?

Then i think he would have to tell them..

Its all working with the system mate.. you have to take everything as very litteral (sp)

paradigm · 4 Jun 2006 at 12:51

The only thing the NIP refers to with regard to naming a driver is in the event of your car being lent to someone else. This is not the case here, as the car is mine, in my name.

cleanbluesky · 4 Jun 2006 at 14:10

[TW]Fox said:
Errr, no, it's standard procedure - NIP's are sent to the registered keeper at the time of the offence, if the registered keeper was not the driver he must inform, via the enclosed form, who he believes was. Then a new NIP is sent to that person.

So if that person then says 'no, never heard of this car sorry' the flak then goes back to the poor guy who sold Paradigm his car! Why should he have that?

But I think the NIP can be cancelled on the basis that it is innacurrate... thats what the OP should be aiming for, althoguh I agree that it wouldn't be fair to hassle the previous owner...

cleanbluesky · 4 Jun 2006 at 14:12

Goliath said:
Be very careful telling your dad to write back saying "nope, never owned it etc". The fact that he does actually know who does own it (it's kept at the same address) means he's straying into obstructing the course of justice territory if he doesn't mention that fact. Think you may have to take the hit.

I don't think its illegal not to grass information you know, unless the police actually ask you and you say "I don't know" when you actually do, becasue that's lying.

cleanbluesky · 4 Jun 2006 at 14:15

Actually, thinking this through I think that YOU would have to ask for the NIP to be cancelled... your dad cannot ask for it to be cancelled as its not his car but YOU can on the basis that the NIP is innaccurate due to the wrong name.

I'd say that you should write back saying basically that you ARE the owner, but the NIP is innaccurate as it lists the wrong name...