OT Fixed penalty on a foreign licence

Nov 25, 2003 148 Replies

The Swiss are very smart in that they enjoy most of the benefits of the EU without any of the commitments. They achieve this by engaging in mutual recognition agreements with other EU countries and their membership of the EEA and EEC.

And so it panned out that the following script was sculpted by none other than James:

This is more or less correct, but these "benefits" of the EU are sufficiently minimal in practice that Switzerland would get along just fine without them, as she in fact did for many a year past. Plus, her very nicely structured federal model is nothing to scoff at.

Switzerland is not a member of the EEA, and the old EEC was folded pre-Maastricht, into the EC, a pillar of the contemporary EU.

(Re-X posted)

From what you have said it appears you are not resident in CH, just visiting for educational purposes, you should not have changed your licence however you now have a choice,

  1. Swap your licence for a british one, pay the fine and when you get your new licence back from the DVLA it will (should, but keep your fingers crossed they are not very efficient) have the three points you just earned on it.
  2. The other alternative is to immediatly transfer the registered owner of your car to a parent, sibling or whoever then follow the details in the last post I made (where you send the form back with your name on it but with the CH address). The odds are the whole thing will end up in the bin, if you get a letter back explain (from Suisse address) that you failed to record the registered keeper change before you left the UK and that you have now rectified the oversight.

What I'm saying here is that if they have to go through lengthy correspondance with someone in another state then it's not worth their time, bear in mind this is a thinly disguised tax collection scam we are talking about here and the real object is to make cash, if your case looks like a loss leader then they won't bother.

I don't think that it is an offense having a vehicle registered at a particular UK address is it? You don't even have to legally be the owner to be the keeper do you?

If that is his address when in the UK, surely that is the address it should registered at?

True but he is claiming to be a foreign resident and is producing a foreign licence to prove it, British plate cars must be registered to a person or corporation normally domiciled in the UK irrespective of who drives it.

If you committed the offence why not admit it and pay up? If your car is registered to you at your parents address then this is a suitable address for a summons for you and if you either ignore it or say you live in Swiss then the will just summons you at your home (hassle for your parents) The Automatic Number Plate Recognition vans, among other things are now being loaded with the database of markers which include cars that are required to be traced for failing to comply with speeding offences, you could find yourself stopped at any time at any of the 100's of checks being carried out everyday (CCTV now starting to be loaded with it also). If you ignore the summons then they can apply for a warrant in the first instance which will be for your arrest. Then again they could just ignore it all and you may be lucky but with the money (not saying I agree with the emphasis) they have reaped in they have employed lots of inquiry officers especially to chase up cases like yours. You are clearly a British resident who also has a temporary student residency for Switzerland.

Not a cop or employed in the criminal justice system by any chance are you?

Why should he pay up and admit it, if he has the slightest chance of avoiding the fine and more importantly, the points, he should take it.

His parents may be a suitable address but if he is not resident there then it's irrelevant, to check if he is resident one would need to go to the home office web site for a definition of non resident, further information is available from the inland revenue. I can't remember exactly the numbers but it's something like so many days a year spent inside the UK (>90 springs to mind).

He probably does fall into this category if he studies full time so why should he not deal with the matter from his home address (it's unlikely the suisse authorities would allow him to change his license if he didn't comply with their definition of resident) in fact he is obliged to as he has no UK address.

The error he has made is not to re-register his car, he could be prosecuted for that as it's not allowed to have a car registered to a non resident.

You can't have it both ways either he is resident in Suisse therefore he should deal with the matter from there or he isn't and he should deal with it from here, only he knows the answer to that.

As for the rest you your post

If he is a non resident then they can summons him till the cows come home at his parents address, they are under no obligation to forward the summonses or give any information, the prosecution, even if it went ahead would be easily cancelled due to incorrect service as soon as he produces proof he was living abroad.

If my parents knew that by telling a couple of plod's or plod servants would save me three points on my license they they would be happy to accept what you call hassle.

The auto plate trace vans could spot the number then the paper trail will lead to parents house who inform that the lad in in CH, end of problem.

Warrant for his arrest at his parents house? Firstly he's not there but just supposing he was, he will get dragged up in front of the beak, produce proof he is not a UK resident, knew nothing about the initial summons. As it wasn't served correctly the beak will have no choice but to dismiss the case and the warrant and instruct plod to try again properly.

I hope the lad isn't going to be put off by your 'scary tactics' post. I hope he gets away with it, it's exactly what I've been doing for years I have a GB car (in someone else's name) here and in the UK I have a NL car in my name, used by someone else. Both absolutely legal and comply with customs requirements when exported each year for their respective MOT's, I've lost count of how many times there have been camera flashes but I haven't ever paid a fixed penalty in the UK, and the last attempt to summons me at my old UK address has failed miserably.

Eventually the control freaks will find ways of plugging the gaps but by then there will be other new ways to f*ck them over.

In message , NM writes

Because he has admitted that he committed the offence.

Not to any court, nor has he returned the slip admitting the offence.

In message , NM writes

Perhaps he has some sense of decency. Perhaps he doesn't view it as a game. I know you can't because of what you said further down in your post.

Of course it's a game, they try to disguise indirect taxes as road safety measures and I try to avoid said taxes.

In message , NM writes

Why don't you try avoiding them by keeping to the limit?

Because that's no fun, anyway the limit is an out of date arbitary number usually decided by muppets in local councils who probably don't even drive themselves and were based on parameters that were applicable to motor vehicles of the twenties onward. 1960's technology, the level playing field for introduction of the national seventy limit, has been far surpassed by modern vehicles and this limit is patently out of date and touch with the majority, witness this yourself by travelling on any average motorway and observing the normal traffic flow, up into the eightiy and ninety MPH bracket.

If you want me to obey the law then make the law sensible and worthy of respect and don't use it as a thinly disguised method of collecting more tax.

>

i didnt wait a year to do a straight swap.....swapped my licence for a UK licence less than 1year of assuming residence......

European (EU/EEA) driver licences are generally valid until you're 100 years old.

My own (Norwegian) licence expires in 2072. :-)

But at some point, around 70, you need a annual medical statement stating that you're fit enough to drive, in order to drive legally.

[)ag (/)ien

My swiss friends wouldn't agree.

They are very impatient about joining the EU like all their neighbours, use the same currency as all their neighbours, and seems to curse the referendum system in switzerland giving a few small cantons the power to block quite a lot.

[)ag (/)ien

Twas Thu, 27 Nov 2003 14:57:17 +0100 when NM put finger to keyboard producing:

If you don't like a law, breaking it is not the way to protest it, or get it changed.

-- Regards. Mark.(AKA, Mr.Nice.) ___________________________________________________________ "To know the character of a man, give him anonymity" - Mr.Nice.

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mrniceATmrnice.me.uk
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In message , NM writes

Your first four words render the rest of your argument irrelevant.

The rest of your argument is just trying to justify your "sod everyone else" attitude.

You don't get it do you? You don't pay anything unless you speed. Nobody is making you do it. You admit you do it for fun so don't go blaming the law. Are there any other laws you would like to see changed to suit your sense of fun?

It looks that way. from

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What happens if I have a foreign driving licence ?

... the option to deal with the offence by way of fixed penalty will be withdrawn and prosecution will proceed by way of summons at the local Magistrates court. Steps will be taken to inform the Magistrates that had you been able to, you would have complied with the conditions of the Fixed Penalty. It is also requested that the court take this into consideration when setting the fine.

So, you *should* end up with a £60 fine + 3 points. They won't endorse your Swiss licence, but will make a record of it at Swansea. I assume that they will add this when you exchange for a British Licence.

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