NIP for speeding on the day I sold car help

Hi I sold my car to a trader on 18th July about 7pm then yesterday ( 28th July ) recieved a NIP for speeding. Exceeding 40 MPH SPEED LIMIT-ROADWORKS. 58MPH 9.37pm. I have phoned the DVLA and they confirmed I was not the rgistered keeper on the 18th.
I have just posted a letter requesting the evidence to the DVLA`s sensitive casework department, but this may take up to 4 weeks (they dont have an email for this dept. )

I explained this to the lady at the fixed penalty support unit, she just said sign the form but I dont know his address as required by law to complete form.

Any advice appreciated
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Comments

  • ChumLee
    ChumLee Posts: 749 Forumite
    Well you were obviously the registered keeper when the NIP was produced, if this is the first one. Do you have a receipt with the time of the sale on?
    Send back the paperwork stating you sold the car on that date and were not the keeper at the time of the offence.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Why are you messing about asking for evidence? If you fail to respond in time you are looking at 6 points and a fine of about £1000. Plus your insurance will see a massive hike.

    You say you sold the car before it was snapped so just fill the form out giving as much information as you can as to who you sold it to. It really isn't worth dropping yourself in it.
  • IamNotAllowedToUseMyName
    IamNotAllowedToUseMyName Posts: 1,528 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 29 July 2015 at 2:04PM
    Just to be absolutely clear, there are two different questions to answer:

    the S172 request is asking you simply to name the driver, not as to who was driving at the time. It will have a time of the offence and assuming it was not you driving and that the time is well after the time you handed the car over, then no problems.

    Assuming you are certain it was the garage you should respond with a letter naming the garage as the responsible people at the time, identity of the actual driver unknown and then the police should send a S172 to the garage for them to fathom it out. You will have then performed your duty to the best of your ability and have a defence in the unlikely event that the police decided you had not replied properly.

    The question of the actual speeding offence then disappears from you. You can ask for photographs to identify the driver (and for nothing more though what you do with them is your business), but the S172 needs to be sent within 28 days regardless, the clock does not stop.

    It is normal for NIPs to go to old addresses, and the way to deal with them is not to mess round but simply respond with the garage details and leave it up to the police. The DVLA information will not be of use in the sense that they will have a date of exchange, but they will not have any awareness of the time of exchange. There is nothing unusual about this but you must give a clear and unequivocal statement that it was the garage that was in possession of the vehicle at the time and all your troubles should disappear.

    Edit: don't know his address - how did you sell it to him. Have you got a phone number, a cheque for the car, or any other evidence of who this person was? Where did he operate from? If you don't have an exact address, then how did you fill in the V5C to send it off to DVLA?
  • motorguy
    motorguy Posts: 22,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    J
    Edit: don't know his address - how did you sell it to him. Have you got a phone number, a cheque for the car, or any other evidence of who this person was? Where did he operate from? If you don't have an exact address, then how did you fill in the V5C to send it off to DVLA?

    I would suggest that the new keeper details were filled in on the v5c at the time and sent off.

    It would be unusual for a private seller to think to keep a record of a buyers address
  • facade
    facade Posts: 7,519 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    motorguy wrote: »
    I would suggest that the new keeper details were filled in on the v5c at the time and sent off.

    It would be unusual for a private seller to think to keep a record of a buyers address

    I must be unusual then, as I always copy a V5c before I send it off, in case the purchaser gets caught speeding/parking and it lands at my door.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    motorguy wrote: »
    It would be unusual for a private seller to think to keep a record of a buyers address

    I must also be unusual.

    Wouldnt keep it forever but at least a while to ensure that there is no problem with payment of in case any parking tickets (or speeding NIPs) turn up before the DVLA get round to processing the change of owner.
  • TonyMMM
    TonyMMM Posts: 3,421 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    motorguy wrote: »
    It would be unusual for a private seller to think to keep a record of a buyers address

    I've sold quite few cars over the years and always keep a copy of the buyers details - crazy not to.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    The car was sold to a business less than two weeks ago. I would have thought it shouldn't be too difficult to name the business. Even if the exact name of the company can't be recalled it shouldn't be a major task to google a rough guess at the name and location to work out who it is.
  • facade wrote: »
    I must be unusual then, as I always copy a V5c before I send it off, in case the purchaser gets caught speeding/parking and it lands at my door.
    And in this case, if the V5c was correctly filled in, they could tell the police that they did not keep a personal record but it was given to the DVLA on the V5c and that would to me count as reasonable diligence.
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    waamo wrote: »
    The car was sold to a business less than two weeks ago. I would have thought it shouldn't be too difficult to name the business. Even if the exact name of the company can't be recalled it shouldn't be a major task to google a rough guess at the name and location to work out who it is.

    Where are you getting that information from?
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