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#Post#: 76350--------------------------------------------------
Received NIP but I've never owned/registered a vehicle?
DIR By: dotcrawl
Date: June 13, 2025, 6:35 am
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I received a NIP from the Lincolnshire Police TPU to my home
address (not in Lincolnshire) for a speeding offence. The name
on the letter isn't mine, and until today I had never had cause
to correspond with the DVLA, as I nor anyone at the address has
ever owned or registered a vehicle.
Does this imply that someone has used my address to become the
RK of said vehicle, and if so shouldn't I have received some
sort of confirmation (V5C) at this address beforehand? What
should I do to fix this?
I intend to respond to the TPU with a cover letter sent by
recorded delivery, explaining "I had never owned, kept, hired or
driven the vehicle" but is that all I need to do, or is there
anything else?
As you may understand I'm a bit nervous about all of this!
#Post#: 76358--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: NewJudge
Date: June 13, 2025, 7:09 am
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Since you are not the person keeping the vehicle, but instead
are “any other person” you have duty to “… give any information
which it is in [your] power to give and may lead to
identification of the driver.”
As you have no information at all about the vehicle or its
driver, that’s all you can tell them.
If the police want to treat you as if you are the person keeping
the vehicle, and so be subject to the greater burden of
providing the driver’s details, they must prove it. From what
you say, they may have some difficulty doing that.
You should also tell them that you suspect somebody is using
your address for fraudulent purposes.
Keep a copy of anything you send and get a free certificate of
posting from the Post Office.
#Post#: 76362--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: Southpaw82
Date: June 13, 2025, 7:22 am
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The “letter” isn’t addressed to the OP so what obligation does
he have to reply? Is he “any other person”?
#Post#: 76370--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: Dave Green
Date: June 13, 2025, 7:47 am
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--- Quote from: Southpaw82 link ---
>
> The “letter” isn’t addressed to the OP so what obligation does
he have to reply? Is he “any other person”?
--- End Quote ---
Yes.
When a S172 notice is received, the RTA states that the letter
must be responded to by either the registered keeper or "any
other person" who must give any information which is in his
power to give so if a person is not the RK, it stands to reason
that they must be "any other person".
Even if they can't identify the driver, it is still in their
power to state this and say that they have no idea who the
driver was and that they don't live at the stated address.
#Post#: 76371--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: Southpaw82
Date: June 13, 2025, 7:51 am
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--- Quote from: Dave Green link ---
>
> [quote author=Southpaw82 link=topic=6792.msg76362#msg76362
date=1749817343]
> The “letter” isn’t addressed to the OP so what obligation does
he have to reply? Is he “any other person”?
--- End Quote ---
Yes.
When a S172 notice is received, the RTA states that the letter
must be responded to by either the registered keeper or "any
other person" who must give any information which is in his
power to give so if a person is not the RK, it stands to reason
that they must be "any other person".
Even if they can't identify the driver, it is still in their
power to state this and say that they have no idea who the
driver was and that they don't live at the stated address.
[/quote]
Try again. The s 172 is not addressed to the OP.
#Post#: 76379--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: ManxTom
Date: June 13, 2025, 8:55 am
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--- Quote from: Southpaw82 link ---
>
> [quote author=Dave Green link=topic=6792.msg76370#msg76370
date=1749818848]
> [quote author=Southpaw82 link=topic=6792.msg76362#msg76362
date=1749817343]
> The “letter” isn’t addressed to the OP so what obligation does
he have to reply? Is he “any other person”?
--- End Quote ---
Yes.
When a S172 notice is received, the RTA states that the letter
must be responded to by either the registered keeper or "any
other person" who must give any information which is in his
power to give so if a person is not the RK, it stands to reason
that they must be "any other person".
Even if they can't identify the driver, it is still in their
power to state this and say that they have no idea who the
driver was and that they don't live at the stated address.
[/quote]
Try again. The s 172 is not addressed to the OP.
[/quote]
Even if the OP is not obliged to reply wouldn't it be more
prudent of him to reply explaining his situation as he has here
rather than either just ignoring it or sending it back marked
"Not known at this address"?
Seems to me the OP would be better off trying to nip this in the
bud now by honestly explaining that someone must have given the
police a false address rather than dealing from the hassle
likely to result from not replying or marked "Not known".
Doesn't Andy Foster usually suggest it's better to lay your
cards on the table earlier rather than later?
#Post#: 76383--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: DWMB2
Date: June 13, 2025, 9:06 am
---------------------------------------------------------
--- Quote from: ManxTom link ---
>
> Even if the OP is not obliged to reply wouldn't it be more
prudent of him to reply explaining his situation as he has here
rather than either just ignoring it or sending it back marked
"Not known at this address"?
--- End Quote ---
I can't see where anyone has suggested otherwise. However, it
being prudent of the OP to point out to the police that his
address may be being used fraudulently (or at least incorrectly)
is rather different to him having a legal duty to respond under
S.172, which is what other posters were suggesting.
#Post#: 76384--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: andy_foster
Date: June 13, 2025, 9:24 am
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--- Quote from: ManxTom link ---
>
> Even if the OP is not obliged to reply wouldn't it be more
prudent of him to reply explaining his situation as he has here
rather than either just ignoring it or sending it back marked
"Not known at this address"?
>
> Seems to me the OP would be better off trying to nip this in
the bud now by honestly explaining that someone must have given
the police a false address rather than dealing from the hassle
likely to result from not replying or marked "Not known".
--- End Quote ---
My immediate reaction upon skimming your post was "This!"
--- Quote ---
>
> Doesn't Andy Foster usually suggest it's better to lay your
cards on the table earlier rather than later?
>
--- End Quote ---
For the sake of completeness, firstly, SP is correct that the OP
has no legal obligation to respond at all.
Secondly, what you said. Thirdly, if somebody has been taking
liberties with the OP's address (whether specifically aimed at
the OP, or more likely simply picked an address at random),
there is a possibility that there is more to follow and both
setting out one's stall early, and having a paper trail
regarding same might avoid a lot of avoidable hassle further
down the road.
In general, if the unfettered truth is not your friend, then it
is generally prudent to play your cards as close to your chest
as the law permits.
If you have a defence that relies on your credibility as a
witness, setting out your stall early is generally a good idea.
If you have been improperly placed upon the sausage machine,
heading it off at the pass may well save a lot of avoidable
hassle later.
N.B. This is not a mixed metaphor (technically) as these are 3
separate statements.
@OP - Try to avoid making a somewhat spurious assumption and
running with it.
The first point, is that you are not the person named, nor does
he live at that address, nor (presumably) do you or anyone else
living at that address have any know anyone of that name.
The notice (which is not addressed to you, and which you are not
obliged to respond to, but might save avoidable hassle further
down the road if you do) does not ask if you, anyone else at the
address, or the person named on the notice has ever owned or
registered a vehicle, it asks who was driving. We do not know
whether there was any chain leading to "your" NIP, or whether it
was sent to the RK (as recorded by the DVLA), despite no V5C
ever having been received.
What is most relevant is whether you (or anyone else at the
address) was driving, or has any knowledge of who was driving,
or has any connection to or knowledge of the vehicle in
question.
Whether or not any of you own a car, has little to no bearing
regarding the question of who was driving the vehicle in
question.
#Post#: 76412--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: Southpaw82
Date: June 13, 2025, 11:59 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> [quote author=ManxTom link=topic=6792.msg76379#msg76379
date=1749822943]
> Even if the OP is not obliged to reply wouldn't it be more
prudent of him to reply explaining his situation as he has here
rather than either just ignoring it or sending it back marked
"Not known at this address"?
--- End Quote ---
I can't see where anyone has suggested otherwise. However, it
being prudent of the OP to point out to the police that his
address may be being used fraudulently (or at least incorrectly)
is rather different to him having a legal duty to respond under
S.172, which is what other posters were suggesting.
[/quote]
This.
#Post#: 76413--------------------------------------------------
Re: Received NIP but I've never owned/registered a vehicle?
DIR By: NewJudge
Date: June 13, 2025, 12:04 pm
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I will admit that I had overlooked the fact that the request was
not addressed to the OP.
However, I think I would get the ball rolling to get this issue
raised with the police at an early stage. As well as telling
them he has no knowledge of the vehicle (or the incident which
led to he s172 request to be raised) he should emphasis that he
has no knowledge of the person to who it is addressed either.
I don't think I would ignore it but point taken about his legal
obligation.
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