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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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A N.I. P refers to details of registered keeper being obtained

Resolved Question:

A N.I. P refers to details of registered keeper being obtained from the D.V.L.A .
I received a N.I.P some 90 days after an alleged speeding issue.
The N.I.P was issued to the original only previous keeper.
My researches with the D.V.L.A confirm via documents received from the D.V.L.A that I was the registered keeper some 3 weeks prior to the date of the alleged offence there is no reason therefore why the N.I.P should not have been issued directly to myself.
Both documents received and discussions with D.V.L.A confirm my date of being the registered keeper.
Should the N.I.P be negated and time barred based on the 14 day rule.
Have the police issued the N.I.P based on P.N.C records following A.N.P.R from the mobile camera rather than D.V.L.A records referenced on the N.I.P and if so is the N.I.P a valid document?
Regards,
David.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has the DVLA transferred title to you formally at the time of the NIP?
Customer: replied 1 year ago.
The date of the alleged offence was 18th May 2015.
The date on the V5C document is 24th April 2015.
The additional document regarding registered keeper details received from the D.V.L.A states their records record that I became the registered keeper on the 24th April 2015.
D.V.L.A have also confirmed that the enquiry form regarding recorded date of registered keeper which I submitted was the only enquiry received regarding ownership of the car on the date of the alleged offence; I therefore query where the police have obtained their information.
Does the misuse of PNC information negate a N.I.P on the grounds that the issuing body and document refers to information supplied by the D.V. L.A.?
Expert:  Jo C. replied 1 year ago.
Yes, but was it changed over on the 24 th?
They will back date the change over. What we need to know is was it changed over on that date?
Customer: replied 1 year ago.
I completed and issued a form V888 to the D.V.L.A requesting details of registered in August 2015 during my exchanges with the N.I.P issuing agency.
I received a form VQ7 from the D.V.L.A dated 20th August 2015 which states that information shown below is an extract from the Vehicle Record in respect of the vehicle with registration YX07JHA further stating it should not be used for purposes unrelated to this enquiry.
The Selected Keeper History Details record myself as Keeper 2
Date of Acquisition 24/04/2015.
I actually purchased the car in part exchange on the 10th April 2015 when all relevant forms/documents were completed and issued to the D.V.L.A.
I therefore find it difficult to understand why when the correct details of registered keeper details were available from the D>V.L.A well before the alleged date of the offence the N.I.P was not issued to me within the stipulated timescale.
Are you suggesting that the D.V.L.A are being disingenuous regarding dating/back dating documents?
Is there any liability for the police to disclose any document on which they rely regarding information and relevant dates as
issued by the D.V.L.A in this action?
Regards,
David.
Expert:  Jo C. replied 1 year ago.
What I need to know is when they transferred it over?
Customer: replied 1 year ago.
I do not have that information.
I did not record the date when I received the V5C document from the D.V.L.A.
How would I obtain the information you are requesting?
David.
Expert:  Jo C. replied 1 year ago.
Will the DVLA not tell you over the phone?
They usually do.
Customer: replied 1 year ago.
I have just spoken with the D.V.L.A as you suggested.
They inform me that despite dates recorded on the V5C and VQ7 the transfer date was actually 27th May 2015.
I have requested confirmation of the same.
This new information would now appear to close the loophole on the 14 day timescale.
Should I receive conflicting information I will review the issue.
On the basis of what I have now been told It looks as though despite a clean license for over 40 years I will have to have accept the three points and take it on the chin without any remission.
Thanks for your help to date.
Regards,
David.
Expert:  Jo C. replied 1 year ago.
I had thought a that would be the position. The DVLA have horrendous delays in performing transfers. The rules are that they just have to write to the registered keeper within 14 days which would, at that time, have been the original owner. Therefore they are not in breach.I realise this isn't the answer you wanted but it is a lot better than not finding out until you are in court and having to pay costs.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Thanks again but unless I receive another VQ7 which conflicts with the one already on file I will have to live with the fact that I will have to live with the 3 points acquired and the donation of £100.00.
Regards,
David.
Expert:  Jo C. replied 1 year ago.
Well, the delay in NIP point only means that the NIP stands. Actually it is always a greatly overstated issue anyway as courts do retain discretion to allow these things. Unfortunately there is a good deal of nonsense on the internet about these topics.
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