rik-1

On 18th August my dad bought a car that was delivered to his shop by a franchised dealer. He insured it at 11.34AM and has that written on his certificate and did not drive it until after then.
But at 11.12AM the car was reported to have been speeding on a local road, we believe by the garage driver that delivered it.
We have only today rceived the NIP, which means it probably went to the garage first.
What should we do?

Spoon

When I get my cars picked up for servicing the driver and I always take note of the time and apparently he has to log it with the dealer.

My guess is the dealer involved will know exactly who was in possession of the car at a particular time so make the call and simply put it to them.

hodgy0_2

if you do not know who the driver of the vehicle was at the time of the offence, you have a legal duty to state that.


if the facts are as you say, I would go to court

madhatter2u

Is there any CCTV available from a neighbouring shop or local camera that could be used to back up your claim in relation to the delivery time?

ritchie21

Fill out the NIP and put the detailsof the garage in for the driver. Also, write a cover note with ALL of the information that you have about the circumstances. Photocopy both and send it recorded delivery.

DO NOT do as some suggest and not fill it out. You have a legal obligation to provide details and all of the information that you have has to be provided. Failure to do so will mean you will be prosecuted for failing to furnish driver details, which carries a mandatory 6 penalty points.

PM me if you need any help-I'm a barrister and practice in criminal law. Part of my speciality is road traffic law.

Whatever you do, PLEASE don't ignore it!!

Chip

Good advice

Wurzel

iTrader: (1)

So does the "You have the right to remain silent" and "Innocent until proved guilty" or "Don't incriminate yourself" not apply anymore?

billythekid

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Its a written NIP though, not verbal, but you get where I am coming from.

Its a simple one this, if you have some proof that you were not in possession of the vehicle at that time, and place then I would just fill it in to say you were not the driver.

The CTO will then make attempts to contact the company you say were driving, and they might well do the same as you - or maybe not.

I would also be giving them (car dealer) a call to tell them what you are doing so they can start to look at their records to ID the driver. In fact, I would put it in writing. You may well need them as a witness...

If they deny, you will go to court, take your evidence - they (CPS) will show theirs (photos) and if its how you say it is then the prosecution will be dropped.

One last thing, and dont take this the wrong way. If it was you driving, and you are trying a "get out of jail free" then be very careful. The police take a dim view of this and you are looking at committing some serious offences along the way. Like I said dont take that the wrong way, but if you are certain it was not you driving then great.

alcazar

iTrader: (2)

Yep, introduced by supposedly socialist Lying Labour

legb4rsk

Section 59 Notice:Judge,Jury,Setence all administered at the side of the road.

Room 101,1982...........no longer works of fiction?

Leslie

As was said, give all that information to the police in the first instance returning the NIP with all the information you can supply about the delivery firm and their driver and denying all responsibility for the offence.

Les

s70rjw

iTrader: (2)

Your dad can provide details of who he bought the car from. He should complete the request for drivers details, a further NIP will then be sent out, together with the request for drivers details to the person who had information regarding the use of the vehicle at the time of the offence. Failing to fill it in for the sake of it is stupid and serves no purpose. The NIP process is very simple, your dad is innocent and able to give details of a person who can assist.

dunx

iTrader: (3)

1984 ?

LoL

dunx