Speeding ticket from Switzerland |
Speeding ticket from Switzerland |
Tue, 2 Jan 2018 - 16:14
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#1
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Member Group: Members Posts: 31 Joined: 28 Apr 2015 Member No.: 76,976 |
I was caught speeding in Switzerland in July, had a form asking for the drivers details to my name & address (registered keeper) come through in November. I filled this in and a fine has been produced, arriving 27th Dec (happy Christmas!). The first letter had German and English, but the second letter only has German, so I've no idea what it says! Apart from the fine is fairly obvious (has a big TOTAL mark)
It's for 136kph in an 80kph, which is then reduced to 130kph due to adjustments. Fine is 2700CHF, approx £2050. No salary was given etc. What are my options? TIA |
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Tue, 2 Jan 2018 - 16:14
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Mon, 8 Jan 2018 - 14:03
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#41
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I have spoken with them on the phone and requested an letter in English. Which I shall receive in a week. I was told at that point I can contest it, or request monthly payments. the CHF6000 is if I am caught speeding again, the CHF2700 is the fine for this instance, and no late fees or anything on that. (as someone has already said) Just out of interest, assuming everything is in order with the letter in English, do you plan on contesting this? You need to consider that you would probably need to return to Switzerland to stand trial, or instruct a Swiss lawyer. -------------------- 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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Mon, 8 Jan 2018 - 15:44
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#42
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Member Group: Members Posts: 31 Joined: 28 Apr 2015 Member No.: 76,976 |
I want to understand what I am signing, and see what their processes are. Take it from there.
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Mon, 8 Jan 2018 - 22:01
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#43
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
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Tue, 9 Jan 2018 - 15:15
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#44
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Member Group: Members Posts: 938 Joined: 24 Sep 2014 Member No.: 73,212 |
I have spoken with them on the phone and requested an letter in English. Which I shall receive in a week. I was told at that point I can contest it, or request monthly payments. the CHF6000 is if I am caught speeding again, the CHF2700 is the fine for this instance, and no late fees or anything on that. (as someone has already said) The fine (busse) is 1500 and 1200 is the processing fee (Gebuhren) To quote from the earlier link....... The fine is only part of the total cost that will incur. There are also court fees and fees for driving bans and warnings! The court fee depends on the Canton and court and the possible range is CHF 80 up to 2000 |
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Tue, 9 Jan 2018 - 15:17
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#45
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Member Group: Members Posts: 31 Joined: 28 Apr 2015 Member No.: 76,976 |
I have spoken with them on the phone and requested an letter in English. Which I shall receive in a week. I was told at that point I can contest it, or request monthly payments. the CHF6000 is if I am caught speeding again, the CHF2700 is the fine for this instance, and no late fees or anything on that. (as someone has already said) The fine (busse) is 1500 and 1200 is the processing fee (Gebuhren) To quote from the earlier link....... The fine is only part of the total cost that will incur. There are also court fees and fees for driving bans and warnings! The court fee depends on the Canton and court and the possible range is CHF 80 up to 2000 Yes, but not a 'late fee' like previously thought. It's just a fee. |
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Mon, 15 Jan 2018 - 18:38
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#46
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Member Group: Life Member Posts: 2,872 Joined: 17 May 2004 Member No.: 1,213 |
Somewhere in the euro legislation
You are entitled to communications in your own language from any government official. You have already requested the document in English... Good luck -------------------- |
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Mon, 15 Jan 2018 - 21:22
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#47
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Somewhere in the euro legislation We've been through this already, see post 5. -------------------- 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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Wed, 24 Jan 2018 - 13:43
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#48
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Member Group: Members Posts: 31 Joined: 28 Apr 2015 Member No.: 76,976 |
Still no English letter, do I just wait and hope it never turns up? I've asked, albeit on the phone, a fair request to have the letter in my native tongue, before signing it.
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Wed, 24 Jan 2018 - 15:07
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#49
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Why not send a request formally in writing, keeping a copy, proof of posting etc?
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Thu, 19 Apr 2018 - 12:54
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#50
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Member Group: Members Posts: 31 Joined: 28 Apr 2015 Member No.: 76,976 |
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Thu, 19 Apr 2018 - 15:16
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#51
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
It all seems pretty self-explanatory now that we can read what it says. £1,960 seems pretty harsh for doing 80 in a 50, but the fact that you would probably be punished less harshly in the UK is neither here nor there.
At this point you need to decide what course of action to take, as it does't sound like you have any defence in law (this somewhat depends on whether you ever plan on visiting Switzerland again). If you don't pay and are ever stopped by the Swiss authorities, it looks like you'd have to pay around £6,300 or risk a stint in jail. On the other had if you ignore it and never visit Switzerland again, I don't see any chance whatsoever of a court entertaining an extradition request, given that at the end of the day it's just a speeding ticket. As Switzerland is not an EU member state, there is no mechanism for them to enforce payment of the fine. -------------------- 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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Thu, 19 Apr 2018 - 17:03
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#52
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Member Group: Members Posts: 294 Joined: 8 Oct 2007 Member No.: 14,341 |
It all seems pretty self-explanatory now that we can read what it says. £1,960 seems pretty harsh for doing 80 in a 50, but the fact that you would probably be punished less harshly in the UK is neither here nor there. If I'm reading it correctly , it's for exceeding an 80kph limit by at least 50kph, so actually 130+ in an 80 limit. |
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Thu, 19 Apr 2018 - 17:21
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#53
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
It all seems pretty self-explanatory now that we can read what it says. £1,960 seems pretty harsh for doing 80 in a 50, but the fact that you would probably be punished less harshly in the UK is neither here nor there. If I'm reading it correctly , it's for exceeding an 80kph limit by at least 50kph, so actually 130+ in an 80 limit. It is for exceeding an 80kph limit by at least 50kph, which is 80 mph in a 50 mph limit. -------------------- 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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Fri, 20 Apr 2018 - 09:27
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#54
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Member Group: Members Posts: 31 Joined: 28 Apr 2015 Member No.: 76,976 |
Yes, 130KPH in an 80KPH, I was overtaking...
It's steep, but I don't want to have to avoid that place or worry about being sent there for work ever. I will ask for a repayment plan to make it less intense. |
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Fri, 20 Apr 2018 - 10:10
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#55
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Member Group: Members Posts: 938 Joined: 24 Sep 2014 Member No.: 73,212 |
So, I requested it in English, and it's finally come through. Weirdly, it's come through with 2 'return to sender' royal mail photocopies. As if it's not been getting to me... not sure why they included them. My post 26 indicating the way the costs are calculated was correct! The inclusion of the "return to sender" photocopies may be to confirm that the letter had been sent but returned because of non-delivery for some reason. |
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Fri, 20 Apr 2018 - 17:24
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#56
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
I think we're still missing any information about the "hearing" step--you went from identification directly to conviction! Maybe that's just the way things work there...
--Churchmouse |
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Fri, 20 Apr 2018 - 20:50
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#57
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I think we're still missing any information about the "hearing" step--you went from identification directly to conviction! Maybe that's just the way things work there... --Churchmouse From looking at the letter and the Swiss Criminal Code, it sounds like the prosecutor imposes the fine himself and if you object you have to appeal. No breach of ECHR article 6 because if you want it to go to a court hearing you can challenge it, but with an extra 6000 CHF in play and no defence, I don't see the point. -------------------- 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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Fri, 20 Apr 2018 - 21:05
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#58
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
I think we're still missing any information about the "hearing" step--you went from identification directly to conviction! Maybe that's just the way things work there... --Churchmouse From looking at the letter and the Swiss Criminal Code, it sounds like the prosecutor imposes the fine himself and if you object you have to appeal. No breach of ECHR article 6 because if you want it to go to a court hearing you can challenge it, but with an extra 6000 CHF in play and no defence, I don't see the point. Sounds just like a FPN. Does the EU mechanism for cross boarder enforcement include Switzerland ? -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 20 Apr 2018 - 21:10
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#59
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I think we're still missing any information about the "hearing" step--you went from identification directly to conviction! Maybe that's just the way things work there... --Churchmouse From looking at the letter and the Swiss Criminal Code, it sounds like the prosecutor imposes the fine himself and if you object you have to appeal. No breach of ECHR article 6 because if you want it to go to a court hearing you can challenge it, but with an extra 6000 CHF in play and no defence, I don't see the point. Sounds just like a FPN. Does the EU mechanism for cross boarder enforcement include Switzerland ? Switzerland is not an EU member state, CrimPR rule 30.10 makes explicit reference to "Financial penalties imposed in other European Union member States" so I would think not. -------------------- 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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Sat, 21 Apr 2018 - 10:49
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#60
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Member Group: Members Posts: 938 Joined: 24 Sep 2014 Member No.: 73,212 |
I think we're still missing any information about the "hearing" step--you went from identification directly to conviction! Maybe that's just the way things work there... --Churchmouse From looking at the letter and the Swiss Criminal Code, it sounds like the prosecutor imposes the fine himself and if you object you have to appeal. No breach of ECHR article 6 because if you want it to go to a court hearing you can challenge it, but with an extra 6000 CHF in play and no defence, I don't see the point. Sounds just like a FPN. Does the EU mechanism for cross boarder enforcement include Switzerland ? Switzerland is not an EU member state, CrimPR rule 30.10 makes explicit reference to "Financial penalties imposed in other European Union member States" so I would think not. Cross-Border Enforcement relates only to the specific motoring offences for which an application may be made for the vehicle keeper/owner/driver details from DVLA. There is nothing in it about the recovery of any penalty charges. Switzerland, like any other non-EU country can apply to DVLA, and presumably, obtain such information outwith the terms of the CBE Speeding is a criminal offence in Switzerland and challenging a speeding penalty, obtained with the use of approved equipment, will be extrememly difficult and expensive. In the UK the advice in similar circumstances, more often than not, is to pay. Whether the Swiss will attempt to recover unpaid penalties as a debt through a civil claim in the UK remains to be seen. Some Italian authorities appear to be using Claims Management Companies but, so far, no court cases have been reported but one International Claims Management Company is pressing hard in the EU for it to be approved for cross border recovery How long before recovery of unpaid penalties within the EU becomes the norm? Some countries already have such agreements in place. |
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