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

[Robert W. Garven Jr. (rgarven]

Britt,

I wish you could tell us what to do with our problems over here!!!  :-)

Rob


Robert W. Garven Jr.
rgarven [at] gmail.com


 "The Ferrari is a dream - people dream of owning this special vehicle and for 
most people it will remain a dream apart from for those lucky few". Enzo Ferrari






On Jan 21, 2010, at 11:09 AM, Britt2Asa [at] aol.com wrote:

> 
> 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
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