Ferrari Mailing List: Your answer to Speeding Fine in UK Transfer to the US????

[britt2asa (britt2asa]

Lashdeep,
 
Don't you know to ring me with all your dodgy English legal problems! For  
gods sake, what have I been doing over here for 15 years if not to help  you.
 
Here is what I suggest:
 
1. The initial fine was most likely 50.00 and 3 points on her license.  
Because the original summons was ignore they raised it to a 600.00 fine.
 
2. It is the license holders responsibility to notify the DVLA of all  
change of address so you can't plead they sent the info to the wrong place.  
(they have that bit sewed up pretty good!)
 
3. I expect because you both moved to the USA and she didn't cancel her UK  
license nor notify the DVLA of your new USA address you aren't going to be 
able  to argue this much.
 
4. Speeding fines are civil and not criminal. I really do not believe it is 
 going to be linked to her passport (assuming she is travelling on a UK 
passport)  next time you enter through the UK border.
 
The key to this is to write letters and argue. Be polite. They will most  
likely say it was your responsibility to notify the change of address so the  
increased fine is your problem. I guess whether you pay or not depends 
whether  she ever plans to use her UK license again (they are good for up to 40 
years  depending when it was issued, newer ones are only good for 10 years). 
They  cannot make a claim to her parents but she needs to CHANGE address 
with the  DVLA. You may be able to do this on line, if not have somebody send 
you the form  to do this which is available in every UK post office.
 
5. It is possible if she decides to blow off the fine and her UK license is 
 suspended (which it will be) driving on a USA license when over here on 
vacation  may still be a violation as she is a UK citizen.
 
6. One key problem here is that according to this it is illegal to have a  
UK license if you are no longer a resident  
_http://britishexpats.com/forum/showthread.php?t=522235_ 
(http://britishexpats.com/forum/showthread.php?t=522235) 
 
If she became a resident of the USA BEFORE the fine was issued I  believe 
she should surrender her license and tell them to send her the bill for  the 
fine and if I was her I would then ignore it because its going to cost to  
much to chase you in the USA for it and they can't enforce it in the states. 
IF  she wants to keep her UK license she should be quiet, pay the fine, 
change  address to a relative and write a letter of mitigation saying she is 
away  travelling / studying and didn't get the notice. She should admit guilt 
and  apologise and they just might reduce the fine. If she says she moved out 
of  country they may cancel her license.
 
That's the choice to make.
 
Read this, its the UK government website that explains how to change  
address: 
_http://www.direct.gov.uk/en/Motoring/DriverLicensing/NeedANewOrUpdatedLicence/DG_4022088_
 
(http://www.direct.gov.uk/en/Motoring/DriverLicensing/NeedANewOrUpdatedLicence/DG_4022088)
 
 
If none of this helps email me and you can ring me and I will talk you  
through it.
 
You know, there is a reason some of us have multiple passports and driving  
licenses and we don't use our real names all the time!! Skipping around 
Europe  and the world is sometimes an exercise in staying ahead of the 
legalities!
 
BTW I was in India 6 weeks ago, really cool! Wild driving to!
 
Regards
Britt in the UK 

Gents, I  married an English bird last year and she's now a Permanent US  re

sident  (Green Card), living with me in the USA.

She recently received a  Magistrate Summons delivered to her parent's place 
in the UK stating that she  rec'd a speeding camera fine from Dec 2008. 
Apparently, the initial notices  had been sent to one of her old addresses 
before it finally reached her last  known residence (her parent's) about 4 
weeks 
ago.

She had a court date  on Jan 6 2010 relating to the offense but obviously 
didn't know about  it.

What is the best course of action for her? Being a dumb American,  it 
seemed strange that there was no photo of her car in action speeding  included 
with the notice or the summons.

Since she's now a lawful  permanent resident here in the USA, can she 
forget about this? It seems a bit  extreme for a photo speeding fine to follow 
the driver's license and not the  car. Also, she sold the car last year, so 
it's no longer registered in her  name.

She's worried about bailiffs visiting her parent's home asking  for money 
or goods to pay the fine.

Should she:

1. Write and  send over a mitigation letter stating that she's guilty but 
that she's no  longer a resident of the UK? If so, would they reduce or 
eliminate the  fine?
2. Write and send over a mitigation letter stating that she is not  guilty 
and explain the circumstances...which may then prolong the case and  produce 
the mystery proof (photo)?
3. Return the documents with a picture  of a George W Bush taped to the 
front and the words "COME GET ME IN TEXAS  SUCKA!" underneath? We do want to 
return to the UK to visit, so don't want any  real problems with immigration.

The fine is 600GBP and we're not  interested in paying it. But, we don't 
want any immigration issues  either.

Any advice is appreciated.

Thank  you,
LS


 
BR in the  UK
1986 328GTS (LHD 89,940km) Died August 19, 2006 Shrewsbury UK
1980 400i  (RHD 74,000 miles)
Searching for the right 512TR
2003 BMW 530d
2009 BMW  320d
1991 Alfa Spider S4 LHD
1993 Alfa Spider S4  LHD