Speeding offence

Spinybif

Not sure if I was caught by a camera van 2 days 1 day before I exchanged my car. To be clear at the time of the possible offence I was the registered keeper with the correct address on the V5. The next day the DVLA were advised correctly I was no longer the owner with confirmation received.  It is now over 14 days, if I now receive notification of an offence has it timed out on the assumption they sent the original to the new owner? 

AdrianC

They send the s172 to the person who was the RK at the time the photo was taken.

If you get somebody else's photo, you give the name and address of the person you think is responsible. So, if it was before you bought, you give the details of the person you bought from. If after, the one you sold to.

Spinybif

I understand that but as it is their mistake sending the s172 to the wrong person will the 14 day notification period have timed out. 

neilmcl

Spinybif said:

I understand that but as it is their mistake sending the s172 to the wrong person will the 14 day notification period have timed out. 

Edit: I think I slightly misunderstood your question. The answer still remains no though. The police are only obliged to send the NIP (and resulting S172) to the registered keeper, in this scenario where the RK has changed during the 14 day period then that will simply be classed as an "unusual event", the onus will be on the new RK to complete the s172 leaving it up to the police to further investigate who was driving, ie, you. For avoidance of doubt the NIP will have been deemed to be served correctly.

AdrianC

Spinybif said:

I understand that but as it is their mistake sending the s172 to the wrong person will the 14 day notification period have timed out. 

They didn't send it to "the wrong person". They sent it to the name and address on the V5C at the time of the offence. That's the only address that can be got from DVLA.

insert_random_name_here

AdrianC said:

Spinybif said:

I understand that but as it is their mistake sending the s172 to the wrong person will the 14 day notification period have timed out. 

They didn't send it to "the wrong person". They sent it to the name and address on the V5C at the time of the offence. That's the only address that can be got from DVLA.

After all, the DVLA *never* make mistakes. Just ask my friends whose motorcycle licence entitlements were wiped a few years ago when they renewed their licences. The DVLA said it wasn't their error and that it must have been the mistake of the riders to assume they had passed a motorcycle test. 

AdrianC

insert_random_name_here said:

AdrianC said:

Spinybif said:

I understand that but as it is their mistake sending the s172 to the wrong person will the 14 day notification period have timed out. 

They didn't send it to "the wrong person". They sent it to the name and address on the V5C at the time of the offence. That's the only address that can be got from DVLA.

After all, the DVLA *never* make mistakes. Just ask my friends whose motorcycle licence entitlements were wiped a few years ago when they renewed their licences. The DVLA said it wasn't their error and that it must have been the mistake of the riders to assume they had passed a motorcycle test. 

There were a few documented cases of entitlements being missed when licence records were moved between computer systems as part of the photocard rollouts, yes - but they've all loooooong since been moved, even the few that are still on paper licences because they're <70, haven't changed address since the late 90s, and haven't voluntarily changed (as I did). And DVLA re-added them where the licence holder could prove they had the entitlement. Hardly unreasonable, that, to prevent the inevitable micky-takers from adding whatever entitlements they fancied... Can you imagine the headlines if somebody had added HGV or PSV entitlement like that, then their lack of competence had been found out the hard way?

But that's a VERY different question from sending an s172 to Motability when the user's address is on the V5C. For starters, if the user's name and address were on the V5C, how would DVLA even know it was Motability...?

TooManyPoints

After all, the DVLA *never* make mistakes. 

It doesn't matter If they do. Section 2 (3) of the Road Traffic Offenders' Act says this:

(3)Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—

(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement,...

The requirement mentioned in section 1(1) is to serve a Notice of Intended Prosecution. This is done by the police or the Camera Partnership. They rely on DVLA records as their normal source of information for Registered Keepers. If wrong information is returned from the DVLA they will use it as it stands. Any "reasonable diligence" they subsequently have to use to trace the RK when the mistake is recognised will certainly take the matter beyond 14 days and so the above section will kick in.