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

[LS (lashdeep]

Britt, amazing reply. Thank you for the information.

We are going to change the address and then ignore the fine. She's not 
interested in keeping her UK license.

We are going to be in the Bham area at the end of Feb...would love to see you 
and the other UK listers!

Thanks again!
LS




________________________________
From: "britt2asa [at] aol.com" <britt2asa [at] aol.com>
To: lashdeep [at] yahoo.com
Cc: ferrari [at] ferrarilist.com
Sent: Thu, January 21, 2010 2:09:01 PM
Subject: Your answer to [Ferrari] Speeding Fine in UK Transfer to the US????

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

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

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