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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Sat, 16 Mar 2019 - 14:45
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#2
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
The police will be suspicious about an overseas driver who has gone home. They will ask for proof she was insured (her NZ insurance will NOT cover her) and something like travel documents to prove she was in the UK. Failing that, they are likely to pursue the RK for permitting driving with no insurance. Depending on the speed she may be offered a fixed penalty or a court appearance, and point will go on her UK licence.
This post has been edited by Logician: Sat, 16 Mar 2019 - 14:46 -------------------- |
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Sat, 16 Mar 2019 - 17:05
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#3
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
The police will be suspicious about an overseas driver who has gone home. They will ask for proof she was insured (her NZ insurance will NOT cover her) and something like travel documents to prove she was in the UK. Failing that, they are likely to pursue the RK for permitting driving with no insurance. Depending on the speed she may be offered a fixed penalty or a court appearance, and point will go on her UK licence. Hi thanks for the reply she was fully insured. It was for 39 in a 30. so the RK is to put the drivers NZ address. and then just wait for the NIP how long have they got to issue this new NIP. |
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Sat, 16 Mar 2019 - 17:09
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#4
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
No time limit for that, the only time limit is that they have to commence court proceedings within 6 months.
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Sat, 16 Mar 2019 - 17:21
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#5
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
Hi thanks for the reply she was fully insured. It was for 39 in a 30. so the RK is to put the drivers NZ address. and then just wait for the NIP how long have they got to issue this new NIP. Just to be clear, the RK needs to obtain some form of documentary proof that the friend was insured - it wouldn't be enough to say "she was insured" and expect that the police are going to verify that themselves. -------------------- Regards,
Fredd __________________________________________________________________________
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Sat, 16 Mar 2019 - 18:16
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#6
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
Hi thanks for the reply she was fully insured. It was for 39 in a 30. so the RK is to put the drivers NZ address. and then just wait for the NIP how long have they got to issue this new NIP. Just to be clear, the RK needs to obtain some form of documentary proof that the friend was insured - it wouldn't be enough to say "she was insured" and expect that the police are going to verify that themselves. Thanks yes they have a cover note from the insurance company No time limit for that, the only time limit is that they have to commence court proceedings within 6 months. Sorry when you say court proceedings wont she be offered a fixed penalty 3points £100 fine. Will she have to send her UK licence off and will it be posted back to NZ |
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Sat, 16 Mar 2019 - 19:59
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#7
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
She may or may not be offered a fixed penalty, they may drop it completely if she’s a permanent resident in NZ.
-------------------- 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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Sat, 16 Mar 2019 - 21:46
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#8
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
She may or may not be offered a fixed penalty, they may drop it completely if she’s a permanent resident in NZ. Hi thanks yes she has lived there for the last 26 years. If It is dropped will she get a letter saying so or is it just she won't hear anything. |
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Sat, 16 Mar 2019 - 22:44
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#9
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Sorry when you say court proceedings wont she be offered a fixed penalty 3points £100 fine. Will she have to send her UK licence off and will it be posted back to NZ That depends on the limit and the alleged speed, which you have not told us. The police need to leave enough time to start court proceedings if they offer a fixed penalty which she does not take up, the 6 months for that is the only time limitation. If they decide not to proceed against her at all, there is no saying whether they notify her or not This post has been edited by Logician: Sat, 16 Mar 2019 - 22:53 -------------------- |
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Sat, 16 Mar 2019 - 22:47
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#10
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
Sorry when you say court proceedings wont she be offered a fixed penalty 3points £100 fine. Will she have to send her UK licence off and will it be posted back to NZ That depends on the limit and the alleged speed, which you have not told us. The police need to leave enough time to start court proceedings if they offer a fixed penalty which she does not take up, the 6 months for that is the only time limitation. thanks for that yes I have please see post 3 This post has been edited by SPARKY26: Sat, 16 Mar 2019 - 22:48 |
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Sat, 16 Mar 2019 - 22:55
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#11
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
OK, that is within the fixed penalty range, in fact in the range where a course is normally offered, which perhaps increases the chances of it being dropped for a non-resident.
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Sun, 17 Mar 2019 - 07:12
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#12
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
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? |
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Sun, 17 Mar 2019 - 08:59
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#13
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Member Group: Members Posts: 135 Joined: 25 Jan 2016 Member No.: 81,991 |
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Sun, 17 Mar 2019 - 09:36
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#14
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Member Group: Members Posts: 3,768 Joined: 17 Mar 2013 Member No.: 60,602 |
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.
-------------------- 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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Sun, 17 Mar 2019 - 10:45
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#15
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Member Group: Members Posts: 938 Joined: 24 Sep 2014 Member No.: 73,212 |
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. 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? |
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Sun, 17 Mar 2019 - 11:02
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#16
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
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. 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? 1. Not a problem for the RK. 2. French residents hire UK-registered cars legally every day. |
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Sun, 17 Mar 2019 - 11:23
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#17
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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? 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. 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? she has dual citizenship so holds UK and NZ DL which one would she give |
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Sun, 17 Mar 2019 - 12:55
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#18
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
The friend has a UK licence. Does she still have a UK address? If so, the RK should give that. Why? -------------------- 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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Sun, 17 Mar 2019 - 15:07
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#19
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
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Sun, 17 Mar 2019 - 15:14
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#20
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
The friend has a UK licence. Does she still have a UK address? If so, the RK should give that. Why? To avoid all the hassle which will follow giving a "foreign" address? If friend lives in Australia, giving an address 12,000 miles from where friend lives doesn't seem a bright idea. -------------------- |
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