Speeding offences

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Mon 8 Aug 2011 19:12
Speeding offences - Lucky Brian

I live in France and my car is registered here. I was stopped on a motorway on 29th May 2011 and asked for my details. I received two notices which I signed as being the driver even though I stated that the speeding offences were on the 18th March and I could not be sure I was the driver. The GM police replied that it was fair of them to issue the notices as they couldnt find who owned the car as it was not registered in GB and they had used due deligence. They have sent me two Conditional Offers which I thought I might as well pay as to challange would probably cost me more. Unfortunately they wanted me to send my licence back to the UK. I said that would not be possible as it is a legal requirement in France to have your licenec with you at all times and police over here do spot checks with spot fines if you don,t have your licence with you. The GM police are now saying because I can't comply with the Conditional Offer notices they are forwarding to the prosecutions department for the consideration of having them dealt with by way of a summons.

Is it likely that I will be summoned? This seems terribly unfair as I offered to pay the fines. Can anyone help?


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Tue 9 Aug 2011 08:41
Speeding offences - Dwight Van Driver

The system here is that to take part in a Conditional Offer conditions apply:

1, The offence is one that the system applies to, speeding is and,

2. The driver admits the offence and,

3, Pays £60 and,

4, Sends in his UK issued Licence for endorsement of 3 points.

If any of the above are broken then the Offer is withdrawn and the matter is refered to a Magistrates Court.

Whilst your car is Registered in France it looks like they have used EEC cooperation to get your details and this will negate the 14 days deadline required in relation to service of Notice of Intended Prosecution for the offence. (due dilegence - they enquired in time for your details but the reply outside the 14 days).

Now comes the problem for GMC. As far as I am aware there is no provision (yet) for service of summons in France to secure your attendance at an English Court. What they can do is if a summons is issued and you do not respond is to issue a warrant for arrest (providing they can confirm one was sent). Your details and that of your car placed on Police files on Computor and if you come to light on a visit to UK, arrest and take you to Court.

With any summons for speeding there will be a requirement to surrender the Licence to a Court,-offence not to do so and Licence will be revoked if not produced.

There is a glimmer of hope in that it may well be that If GMP see that you have no UK address for summons they may file the matter in WPB and you may not hear anything more.

I know they are working on legislation so that all EEC drivers are dealt with the same but this is for the future.

Pardon - Mon Dieu c'est Le Roast beoauf systeme... Monsewer. Cette la vie.......

dvd

Edited by Dwight Van Driver on 09/08/2011 at 08:45

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Wed 10 Aug 2011 10:20
Speeding offences - Lucky Brian

Dear Dwight Van Driver,

Thank you for your comprehensive reply. GMP did not use EEC cooperation they stopped me on a motorway in England and originally sent the notices to a property I own in GB that was on my drivers licence.

I get my mail forwarde to me in France and the GMP issued their conditional offers to me at my home in France.

I do travel back to the UK on a regular basis due to aging parents and this is one of my concerns. I am not a crimnal and I offered to pay but I can't send my licence to them, very frustrating!

Kind regards,

Lucky Brian

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Wed 10 Aug 2011 13:15
Speeding offences - Cris_on_the_gas

Can't see what your problem is, just send the licence back have your points put on. OK as you state liable to on spot fine in France if found without Licence, but what is chance of that happening.

If you live in France why do you have UK licence with Address you do not live in. surely when you drive in UK then you would be driving otherwise in accordance with a licence, is that a 6 pointer & vehicle seized if the police play it by the book.

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Wed 10 Aug 2011 15:07
Speeding offences - Dwight Van Driver

Brian

I would suspect by now the die has been cast and at this very moment there is a file lying at CPS with a view to the issue of a summons against you.

Whilst it may have been norty to be caught in France without your UK Licence ( plastic that acts as an EEC Licence) had I been in your position I would have complied with CO and sent my Licence but making photocopy of that and the GMP paperwork to show Flick if stopped. Good driver behaviour while your Licence is away will negate the possibility of a pull.

Having been issued with a FPN for speeding in UK then there is little possibility of a disqualification at Court so when the summons arrives, maybe via your UK address, it may well be accompanierd by information how they will accept a Guilty Plea by letter and mitigation. YOU WILL HAVE TO SEND YOUR LICENCE FOR ENDORSEMENT. Then consider what I say above........

In not sending your Licence in the first instance if the Court fine you the £60 that you would have paid under a CO you will incur additional costs for Prosecution (anywhere between £35 -£60) AND a further £15 Victim Support supplement.

Tout alore mon ami......dvd

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