DVLA released previous address to local authority! Now I have a huge fine!!

matttye

harveybobbles wrote: »

The only person to blame here is the OP for driving in a bus lane...

And whoever supplied the wrong details to the claimant.

No doubt the OP is at fault for the initial offence, but why should they be liable for a larger fine and a CCJ when they had fulfilled their obligations in keeping their details up to date?

Car_54

matttye wrote: »

And whoever supplied the wrong details to the claimant.

No doubt the OP is at fault for the initial offence, but why should they be liable for a larger fine and a CCJ when they had fulfilled their obligations in keeping their details up to date?

Well, actually they hadn't. They'd trusted a third party to keep their details up to date.

If I were the OP I'd be kicking up hell with Motability. If that doesn't work, presumably they're governed by the FCA?

matttye

Car_54 wrote: »

Well, actually they hadn't. They'd trusted a third party to keep their details up to date.

If I were the OP I'd be kicking up hell with Motability. If that doesn't work, presumably they're governed by the FCA?

If motability held the V5 then the OP couldn't do anything other than inform motability could he?

Correct me if I'm wrong...not my strongest area.

Car_54

Looking at my V5, any change of details must be signed by the keeper. It's difficult to see therefore how Motability can legally make any changes.

I guess it's something to be aware of if you get a Motability vehicle.

harveybobbles

Because its Motability's cars and the OP is leasing it.

Motability are the reg'd keeper and can make changes.

swecri

harveybobbles wrote: »

Because its Motability's cars and the OP is leasing it.

Motability are the reg'd keeper and can make changes.

Just found this on another forum...

"
The way the scheme works is a NIP (notice of intended prosecution) is sent out to the registered keeper of the vehicle, which will be motability. The police are required to do this within 14 days.

The NIP will also include a Section 172 request requiring the registered keeper to name the driver, so Motability will send it back to the police with your details. They have up to 28 days to do this.

The police then have a further 28 days to issue a NIP to the nominated driver."

Car_54

swecri wrote: »

Just found this on another forum...

"
The way the scheme works is a NIP (notice of intended prosecution) is sent out to the registered keeper of the vehicle, which will be motability. The police are required to do this within 14 days.

The NIP will also include a Section 172 request requiring the registered keeper to name the driver, so Motability will send it back to the police with your details. They have up to 28 days to do this.

The police then have a further 28 days to issue a NIP to the nominated driver."

According to the OP, he is the registered keeper, although Motability keep the V5c.

The other forum is wrong, there is no time limit for second or subsequent NIPs, except for the overall six-month deadline for court action for some offences.

AdrianC

Car_54 wrote: »

According to the OP, he is the registered keeper, although Motability keep the V5c.

Then the OP doesn't understand the reality. The V5C is sent by DVLA to the registered keeper. That is Motobility, as others have shown from their experience of buying cars with Motobility as the previous keeper.

kingstreet

swecri wrote: »

Just found this on another forum...

"
The way the scheme works is a NIP (notice of intended prosecution) is sent out to the registered keeper of the vehicle, which will be motability. The police are required to do this within 14 days.

The NIP will also include a Section 172 request requiring the registered keeper to name the driver, so Motability will send it back to the police with your details. They have up to 28 days to do this.

The police then have a further 28 days to issue a NIP to the nominated driver."

A bus lane offence is dealt with under the de-criminalised parking rules by a local authority.

Therefore there would be no NIP issued.

And the bit about the police having to issue a NIP to the nominated driver within 28 days isn't true either. The Police can take as long as they want, bearing in mind they have to be able to lodge an information before the courts within six months of the date of the offence for a summons to be issued.

Rover_Driver

If Motobility are the registered keeper, it would be their details that the DVLA would have given to the local authority, not the OP's.
It would then would have been Motobility that gave the incorrect details to the local authority.