2nd hand car,Speeding camera flashed on day purchased,who will get the speeding fine?

ardvo

Let us make it simple, a second hand was bought from a dealer, with the log book given etc.

The logbook v5 was completed with the change of ownership was sent to the DVLA on this first day too, (so the day it was bought, and V5 log book sent in the post to DVLA with new ownership name+ new owner address details)

DVLA ownership transfer can take weeks to do, so as far as the DVLA are concerned it is still registered to the old owner.


so the day it was purchased, drove a bit faster on a road and the speed camera flashed, so wondering what will happen about the fine.

The speed ticket fine will go to the owner the DVLA have on their file (the old owner)


I want to be honest, and am happy to pay the fine, but if it goes to the Old owner, they will contest it (which is fair)

Question 1)
How do speeding tickets work, in terms of 'named driver' who did the office?
Is there an option to add any persons name and address, who actually did the speeding office? (other than the

Question 2)
Are these options allowed.

Option 1 Contact the original owner, explain what happened,
he puts the fine/payment as ME as the driver, with my name and address, and I just pay him the money ?

Option 2 The old owner can contest the fine, and then it delays the whole thing,

Question 3)
if this happens, will the Fine be RESENT to me?
Will this be a NEW fine, with a fresh date (as if you do not pay a fine within a certain date then the payment to pay doubles)

Question 4)
What would you suggest, so this works out to be the cheapest option
(so the fine is not doubled) and is dealt with in an honest way.

Can you please answer questions 1) 2) 3) 4) one by one, thank you.

wgl2014

NIP will most likely be sent to the previous keeper. They will obviously reply stating they sold the car.

Police will then make enquiries to see who has it now. This could be via the garage if this is who the car was sold to or via an insurance check that will identify you.

You will get your own notice through. Depending on the speed and your history you may be eligible for an awareness course or a fixed penalty, if not you will be going to court.

waamo

The NIP will go to the registered keeper on the date of the event, The dvla database usually takes a couple of days to update.

The registered keeper then has to get be all the information in their power there is to give. They can’t name a driver as they likely don’t know. They can give the name of who they sold it to.

The person or persons named get a NIP until a driver is named. The process then lumbers on with either a speed course or a fine and points given.

If the process takes more than 6 months the driver is home and dry as prosecution cannot happen for the speeding offence. If a driver is not named it is possible that one or more persons can be prosecuted for failing to name the driver.

Car_54

1. The 'ticket' is a request to the registered keeper to name the driver. Someone will eventually name you, and you will receive one where you must nominate yourself. You will have 28 days to respond.

2. No. If he pays the fine himself he's committing an offence. He'd also be an idiot, as it would mean 3 points on his licence.

3. See 1. They cannot fine anyone until the driver is known

4. Do nothing at the moment. As above, you will have time to respond. There may be the option of a course.

ardvo

The only concern is if this 28 days to respond (on their end, the old owner) gets expired,

then does that mean the 28 days has expired for us aswell? (meaning we could have to pay double the fine) ?

or we can a New FRESH ticket, and have a fresh 28 days to reply ??

TadleyBaggie

ardvo wrote: »

or we can a New FRESH ticket, and have a fresh 28 days to reply ??

^^^ This sort of. No one has a ticket. The registered keeper would have got a Notice of Intended Prosecution and a S172 request to name the driver (they are separate entities but often combined). They have 28 days to respond, failing to do so would likely see them being prosecuted for failing to name the driver.

Assuming they name the driver, they will then get a S172 request in their own name, this has its own 28 day limit for response.

ardvo

TadleyBaggie wrote: »

^^^ This sort of. No one has a ticket. The registered keeper would have got a Notice of Intended Prosecution and a S172 request to name the driver (they are separate entities but often combined). They have 28 days to respond, failing to do so would likely see them being prosecuted for failing to name the driver.

Assuming they name the driver, they will then get a S172 request in their own name, this has its own 28 day limit for response.

Thanks, I meant a NIP not ticket.

How long can this process take? from the NIP going to the older owner to them saying the sold the car, to the NEW NIP coming to us in the post?

how long roughly does this process take? (for us to receive the new NIP S172 in our mailbox) ?

waamo said 6 months above, really ?

Nodding_Donkey

While it can take a long time up to three months is more likely but it could be as quick as a few weeks.

wgl2014

Bear in mind that due to time restrictions a course may not be offered if it goes past 3 or 4 months.
If you are eligible (and would want to take this option) it could be worth contacting the previous owner so they can supply your details if asked to.

Nodding_Donkey

wgl2014 wrote: »

Bear in mind that due to time restrictions a course may not be offered if it goes past 3 or 4 months.
If you are eligible (and would want to take this option) it could be worth contacting the previous owner so they can supply your details if asked to.

For a privately bought car I'd agree but one bought from the trade is likely to have been notified to the DVLA as in trade (so the previous owner got his RFL refund) and could have been passed around any number of traders. Cars sold between traders don't get notified to the DVLA.

wgl2014

Yup, hence contacting the previous owner rather than the trader the car was bought from.