alcazar

iTrader: (2)

Got a NIP about a a month ago, wrote back saying I didn't know who was driving, and today got a photo, a covering letter, but nothing else.

What am I supposed to do now? There is no form to fill in or anything.

Alcazar

Puff The Magic Wagon!

iTrader: (2)

Post the photo up

alcazar

iTrader: (2)

Back to them?


Seriously, what's SUPPOSED to happen now? I sent the origianal form back to them saying I didn't know whho was driving, and unsigned, so what happens now?

Alcazar

Puff The Magic Wagon!

iTrader: (2)

Does the photo ID the driver? If it does, write & tell 'em that as its your duty under RTA 1974 blah (fine of £1k).

If it doesn't, then write & tell 'em that.

Don't do nothing...

Puff The Magic Wagon!

iTrader: (2)

I edited my post...

Post the photo on SN

OllyK

Try Piepoo or a solicitor. Or just write back to the Police Station and ask what they want you to do. Can you ID the driver?

Tidgy

If they can't id the driver they now legaly can slap the ticket on the owner instead, either that or fine you for lending someone your car without knowing who it is.

andy97

iTrader: (1)

Hi Alcazar

Go to this site Pepipoo.com.

Read the Frequently Asked Questions, then join up an post your problem.
The best way is to itemise a list of dates of what you received and what you have sent to the police.

If you follow the advice on this site then you have a good chance of fighting and beating the NIP

DO NOT CONTACT THE POLICE UNTIL YOU HAVE BEEN ON PEPIPOO and listed your details( you have 28 days to reply, use this time to get clued up )
Andy

andy97

iTrader: (1)

Hi Alcazar

You shouldnt of sent the form back at all whether signed or not, you have unwittingly weakened your position Go to Pepipoo and ask for advice. There is everything you need on this site to fight it.

Andy

andy97

iTrader: (1)

Hi Alcazar

If you do nothing you will be summoned for failure to identify under S172 RTA1988, because you have sent them their form which doesnt have a signature. This loophole has been closed since Francis v DPP lost his high court appeal in March of this year. If they reply asking you to sign, then You could consider sending a Pace witness statement from Pepipoo.

BUT you must seek more advice before you send the witness statement.

Andy

letdown

Why not take it like a man ?? responable for ones actions ??

Freak

send them a picture of a cheque

andy97

iTrader: (1)

In most instances its a tax collection and nothing more

Wish

iTrader: (2)

There we are lots of useful information.... Scoobynets Great !!!














NOW POST THE PICTURE UP ;-)

tmo

.... tea over monitor moment

Tiggs

the picture is not to id the driver.....u are suppose to know who is driving your car at all times. they send you the pic but it has no real link to their charging you.

T (i got off my recently but found all the crap on the net about "dont send this and dont sign that to be of no use)

Freak

This is what i dont get- where in law does it state you must know at all times- especially if it is accessed by many people as and when they choose.
There is nothing on the V5 stating 'i promise to keep a log of whoever is driving this vehicale at all times' or words to that effect.
Just another point for perusal- dont think i would have the ***** to try and fight that one in court myself methinks.....

andy97

iTrader: (1)

"the picture is not to id the driver.....u are suppose to know who is driving your car at all times. "

Wrong

This only applies to company cars. The company is supposed to keep a log of the drivers

"T (i got off my recently but found all the crap on the net about "dont send this and dont sign that to be of no use"

you went to the wrong sites.

Andy

Bajie

I'm in a similar position. I have received a picture and it is definitely my car. Still swear blind it wasn't me but, as no-one else drives it I guess I'm stuffed.
Originally sent the forms back and they replied with photo of the car, date, speed etc all on the pic. 38 in a 30. I'm shafted.

Jerome

Possibly an urban myth, but a guy supposedly sent back a picture of a cheque when he received a NIP. The Police sent back a picture of some handcuffs. Not surprisingly, the guy then sent in his cheque.

Spoon

Do they do blown up copies of the picture if you send off a bit more money? Maybe throw in a frame as well?

Tiggs

not technically correct maybe but the idea is the same....you are suppose to take resonable measures to know who is driving your car....."i had no idea who was in it" wont work.


i looked at ALL the sites mentioned here and more...all rubbish. I did it my way and got off very simply indeed.

T

G-STAR

Tiggs,

Sometimes it's not as simple as that.

If someone asked me who was driving my car two weeks ago at a specific time, and there's no evidence via the photo, then I wouldn't know. Besides, with three people all capable of driving it, I've better things to do with my time than memorise who's been where and when.

Spoon

Unfortunately if it is a requirement and I say if, because I'm not sure, then it really is that simple because you have to make it so.

I've got better things to do with my time too than ring up insurance companies and get abused, just to comply with the law but I have to.

StickyMicky

FPMSL

G-STAR

How can that be a requirement?

Surely if you're unable to identify the driver, the fine will be pushed on the registered owner of the vehicle?

Spoon

Ehhh!

It would be the registered owner that would be accountable anyway, surely?

If it's deemed a requirement for the registered owner of a vehicle to know who is in his/hers vehicles at any one time, then the onus would be on them to divulge the information, otherwise get whipped.

It would then be up to the registered owners to let others who drive it know how important it is to keep a log.

It all sounds like hard work but if it's a requirement then it's necessary.

Daryl

It isn't, try actually reading S172

jameswrx

iTrader: (4)

hmm..

I'm still waiting to hear about a similar situation (nip during a time I had test drives on car I was selling, also didn't get the nip at first, got it a month or so after date). I would have taken the nip on the chin along time ago if I'd known about the 'faliure to provide driver' bit, it basically puts my insurance up 50% from quotes I've had online.

You can't win at the moment, I couldn't ID driver in my case, told them so, asked for picture, received (sun on windscreen was no help). I maintained I didn't know still, picture was no help, they wrote to me saying they were reviewing the case.

The next I heard was a few months later when a court summons for 'faliure to supply driver' landed on my door. Had a look over the plea form, it asks you to plead guilty or not guilty. The thing is how do you plead?!, technically I was guilty of failing to supply identity but it was becasue I couldn't. If you plead not guilty the fact that you haven't given the driver identity makes you guilty anyway. They may aswell change the plea form to.. do you plead 'guilty' or 'guilty' FFS.

Incidentally I rang the court and explained the situation and that the form made no sense and the guy gave me a bit of friendly 'advice' and said they are cracking down and "you won't win".

In the end rang the police (who issued sumons) and told them I'd just found evidence it was me driving (even though I didn't know) and could they scrap the summons and just issue one for the speeding offence, very sorry blah blah (fookin bitter).

Still waiting (bet I'll get both now).