caught speeding but not living in this country |
caught speeding but not living in this country |
Sat, 16 Mar 2019 - 14:37
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#1
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
Hi all a friend has been caught speeding but she is on holiday here and goes back to new Zealand next week. the NIP came to the RK today. Does the RK just fill it out putting down the person who was driving address in NZ. Will they then send the NIP to her in NZ. she also has a UK driving licence and a NZ licence. What is the likely outcome of this.
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Sat, 16 Mar 2019 - 14:37
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Sun, 17 Mar 2019 - 17:35
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#21
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
The friend has a UK licence. Does she still have a UK address? If so, the RK should give that. If not, will her UK licence be revoked? As ive already said she goes home next week so why should she give a address when she will be the other side of the world and unable to receive the NIP if and when it arrives. |
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Sun, 17 Mar 2019 - 18:08
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#22
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Providing UK licence details for someone then found to be non-resident could present a problem as legislation requires a UK driving licence holder to be resident in the UK and to notify change(s) of address. Erm, no. If a UK licence holder moved abroad they can't provide a non-UK address so their UK licence stays as it is. There is no legislation to my knowledge that says if you hold a UK licence, you're not allowed to move abroad. The friend has a UK licence. Does she still have a UK address? If so, the RK should give that. If not, will her UK licence be revoked? As ive already said she goes home next week so why should she give a address when she will be the other side of the world and unable to receive the NIP if and when it arrives. Give the NZ address and provide the police with proof of insurance and that will likely be the end of the matter. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 17 Mar 2019 - 23:01
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#23
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
Providing UK licence details for someone then found to be non-resident could present a problem as legislation requires a UK driving licence holder to be resident in the UK and to notify change(s) of address. Erm, no. If a UK licence holder moved abroad they can't provide a non-UK address so their UK licence stays as it is. There is no legislation to my knowledge that says if you hold a UK licence, you're not allowed to move abroad. Baroudeur may be thinking of a UK resident driving a non-UK insured vehicle in the UK. Not the issue here, but that is a problem because non-UK insurance is not valid in the UK for UK residents. The DVLA won't change the address on a driving licence to a foreign address, but the holder is allowed to keep it. --Churchmouse |
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Mon, 18 Mar 2019 - 00:06
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#24
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
If you are sure she has insurance, just name her at any address you believe her to be living at. Your only obligation is to give "such information as to the identity of the driver as he may be required to give" on the S172 form.
It doesn't matter if she lives on the surface of the sun, that's the police's problem. As long as you have proof of insurance there will be no comeback on the RK. |
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Mon, 18 Mar 2019 - 06:15
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#25
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Member Group: Members Posts: 3,768 Joined: 17 Mar 2013 Member No.: 60,602 |
The friend has a UK licence. Does she still have a UK address? If so, the RK should give that. If not, will her UK licence be revoked? Her UK licence in her Mum & Dad address where she lived before moving to NZ Providing UK licence details for someone then found to be non-resident could present a problem as legislation requires a UK driving licence holder to be resident in the UK and to notify change(s) of address. Not so. You are not required to hand in your UK licence when you move abroad. In 2010/2011 when I lived in France & had a French driving licence I was nominated by an RK for an alleged speeding offence in the UK but heard no more about it. Norfolk Police at least at that time presumably didn’t think it worth pursuing. But were you driving a UK registered vehicle because, as a French resident, isn't it illegal to drive a UK registered car in the UK? Definitely not otherwise Hertz & Avis would be facilitating a crime every time they handed over the keys of a UK registered hire car to a foreign tourist. This post has been edited by nigelbb: Mon, 18 Mar 2019 - 06:20 -------------------- British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012 |
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Mon, 18 Mar 2019 - 10:25
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#26
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Your only obligation is to give "such information as to the identity of the driver as he may be required to give" on the S172 form. Is the recipient mentioned in the OP not the person keeping the vehicle? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Mon, 18 Mar 2019 - 16:08
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#27
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Your only obligation is to give "such information as to the identity of the driver as he may be required to give" on the S172 form. Is the recipient mentioned in the OP not the person keeping the vehicle? I'm not sure I follow - the obligation applies to the RK rather than OP but I think the meaning is clear. |
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Mon, 18 Mar 2019 - 16:12
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#28
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
No the obligation is on the recipient and you've given the obligation on 'any other person' the obligation on the keeper (who may not be the RK) is to provide the name and address of the driver.
In this case the OP seems to be the keeper, so your 'obligation' would be wrong. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 18 Mar 2019 - 18:09
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#29
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
No the obligation is on the recipient and you've given the obligation on 'any other person' the obligation on the keeper (who may not be the RK) is to provide the name and address of the driver. In this case the OP seems to be the keeper, so your 'obligation' would be wrong. No i'm not the keeper, owner or RK just a friend. |
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Mon, 18 Mar 2019 - 18:25
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#30
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Your only obligation is to give "such information as to the identity of the driver as he may be required to give" on the S172 form. Is the recipient mentioned in the OP not the person keeping the vehicle? I'm not sure I follow - the obligation applies to the RK rather than OP but I think the meaning is clear. If the recipient is the person keeping the vehicle then their obligation is greater than giving any information etc. No the obligation is on the recipient and you've given the obligation on 'any other person' the obligation on the keeper (who may not be the RK) is to provide the name and address of the driver. In this case the OP seems to be the keeper, so your 'obligation' would be wrong. No i'm not the keeper, owner or RK just a friend. But what is the status of the friend you're helping? Is he the person keeping the vehicle or not? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Mon, 18 Mar 2019 - 19:21
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#31
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
Your only obligation is to give "such information as to the identity of the driver as he may be required to give" on the S172 form. Is the recipient mentioned in the OP not the person keeping the vehicle? I'm not sure I follow - the obligation applies to the RK rather than OP but I think the meaning is clear. If the recipient is the person keeping the vehicle then their obligation is greater than giving any information etc. No the obligation is on the recipient and you've given the obligation on 'any other person' the obligation on the keeper (who may not be the RK) is to provide the name and address of the driver. In this case the OP seems to be the keeper, so your 'obligation' would be wrong. No i'm not the keeper, owner or RK just a friend. But what is the status of the friend you're helping? Is he the person keeping the vehicle or not? No she is not the person keeping the vehicle. she was just using it while here on holiday. This post has been edited by SPARKY26: Mon, 18 Mar 2019 - 19:22 |
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Mon, 18 Mar 2019 - 19:31
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#32
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Well someone here was the keeper, the driver, the RK, you or someone else!
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 18 Mar 2019 - 19:41
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#33
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
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