Ticket for speeding on motorway

Wig

piggeh wrote: »

Even if you are 'in the right' and have some justification for not following up, you will be fighting a losing battle if you try and take it to court or keep appealing. The system is designed with the belief that all drivers are evil scum, it would be best to just pay up, take the points, and get on with your life.

Absolutely not, better to play the game and go for a time out at this late hour.

sarahg1969 wrote: »

Hang on a minute. If the offence took place in April, and the OP has now received correspondence to say she must pay a fixed penalty, I'm thinking that she has 28 days to respond to this. A summons cannot be issued while a fixed penalty is on the table, so it may have timed out by the time the 28 days is up.

OP, what is the date of the offence, and have you now received a conditional offer of fixed penalty, requiring a response in 28 days? If so, what is the date of the offer? The points on a ghost licence won't mean much to you, but you may be able to save the cost of the penalty.

Exactly, but I fear the the OP has been scared away by all the people giving bad advice.

Wig

mark5 wrote: »

Once you turn 70 you re-apply for your licence so its just badly worded probably.

So why doesn't it just say "until you turn 70"

It makes no sense

Wig

Lum wrote: »

If you decide to become resident in the UK you will have to convert your Polish licence into a UK licence and the points from your ghost licence will be transferred.

If you are not planning to become resident in the UK then I'd just pay the fine and not worry about it as it wont affect you in any way back in Poland.

This is what we were discussing, it says there is no need to change the Polish licence which is valid in UK until age 70.

I'd also add that since you were offered a course, that means you must have filled in the Section 172 form on the back of the original NIP. This form is asking you to identify the driver of the vehicle. In other words you have admitted to being the driver of the vehicle at the time of the alleged offence. Any court challenge you make would therefore have to be proving that the vehicle was not being driven at the speed or location they claim. This will not be easy.

Good luck!

If it gets to court.

browneyedbazzi

Stuart107 wrote: »

You're right of course... and it's strange wording. So strange that I went and read the Road Traffic Act 1988. Section 99A states that for a normally resident community license holder:

(3)In a case where the Community licence holder is authorised by his Community licence to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, he shall cease to be authorised by virtue of subsection (1) above to drive in Great Britain any such classes of motor vehicle from—(a)the date on which he attains the age of seventy years, or(b)the expiry of the period of three years beginning with the relevant date,whichever is the later.

So strange it might be but it also appears to be true.

Anyway, thanks for the correction -- I must try harder in future

The relevant date is the key to this...the definition is in s99A (8):
In this section 'relevant date', in relation to a Community licence holder who is normally resident in Great Britain, means:
(a) in the case where he first because so resident on or before 1 January 1997, that date; and
(b) in any other case, the date on which he first became resident

So the three year clock starts when you first become resident. You need to either exchange your EU licence for a UK one before the end of the three years or pass the UK test (or stop driving after the expiry of three years).

casper_g

browneyedbazzi wrote: »

The relevant date is the key to this...the definition is in s99A (8):
In this section 'relevant date', in relation to a Community licence holder who is normally resident in Great Britain, means:
(a) in the case where he first because so resident on or before 1 January 1997, that date; and
(b) in any other case, the date on which he first became resident

So the three year clock starts when you first become resident. You need to either exchange your EU licence for a UK one before the end of the three years or pass the UK test (or stop driving after the expiry of three years).

Whichever is LATER. If I'm 25 on the "relevant date", my 70th birthday will be later than the date 3 years after the relevant one. About 42 years later.

browneyedbazzi

casper_g wrote: »

Whichever is LATER. If I'm 25 on the "relevant date", my 70th birthday will be later than the date 3 years after the relevant one. About 42 years later.

Drr....quite right, seems I can't read today. sorry!

Wig

I'm sure it must be a mistake, it should say "whichever is the earlier"

There is no logical reason to mention the 3 years if it is actually "whichever is later" because all people at age 70 have to 'renew' anyway. And why would you want to allow someone to drive until they are 72 years 11 months without a renewal? Whilst expecting others to renew at 70 or as I understand it, stop driving alltogether at 70 in UK?

If it said "whichever is the earlier" it would all fall into place and make perfect sense.

browneyedbazzi

Wig wrote: »

I'm sure it must be a mistake, it should say "whichever is the earlier"

There is no logical reason to mention the 3 years if it is actually "whichever is later" because all people at age 70 have to 'renew' anyway. And why would you want to allow someone to drive until they are 72 years 11 months without a renewal? Whilst expecting others to renew at 70 or as I understand it, stop driving alltogether at 70 in UK?

If it said "whichever is the earlier" it would all fall into place and make perfect sense.

It seems wrong to me too, which may be why I misread it...sometimes we see what we expect rather than read the actual words. I'm pretty sure I've also heard the traffic guys from the local police say it's three years from when you move to the UK but the legislation from an official source does saw 'whichever is the later'.

http://www.legislation.gov.uk/ukpga/1988/52/part/III/crossheading/community-licence-holders

Doesn't make sense but I don't know how something could get through all the readings etc required to become law with a mistake like that....unless a clerk has typo'd the web version? I might have to dust off a hard copy or check some other sources in the office tomorrow because it's going to nag at me!

birkee

browneyedbazzi wrote: »

The relevant date is the key to this...the definition is in s99A (8):
In this section 'relevant date', in relation to a Community licence holder who is normally resident in Great Britain, means:
(a) in the case where he first because so resident on or before 1 January 1997, that date; and
(b) in any other case, the date on which he first became resident

So the three year clock starts when you first become resident. You need to either exchange your EU licence for a UK one before the end of the three years or pass the UK test (or stop driving after the expiry of three years).

I can't disagree with you, as I don't know the rules, but, I've a weakness for these Police programmes, as the range of humanity I co-exist with fascinates me.

The reason I pose a question is, I'm sure I've heard the Police say to people they've stopped, you can only drive on a foreign licence for 6 months / 12 months.
Something like that anyway
Are there different rules for different circumstances?

Addition:
Just looked this up.

Community licences issued in exchange for licences from elsewhere

A community licence issued on the strength of a licence from a designated country will be valid for driving in GB for 12 months only and is acceptable for exchange purposes.
A community licence issued on the strength of a licence from a non-designated country will be valid for driving in GB for 12 months only but is not valid for exchange purposes.
A licence from any country outside the EC/EEA, which was originally issued on the basis of a community licence, will be valid for driving in GB for 12 months only and is acceptable for exchange purposes. Evidence of the original EC/EEA entitlement must be provided.

JimmyTheWig

Wig wrote: »

I fear the the OP has been scared away by all the people giving bad advice.

Many people on this forum comment based on common sense.
I think that it is common sense that if you were speeding and got caught you have to face the punishment.
I think that it is common sense that if you take the gamble that they might forget about you and they don't then you end up worse off than if you had not taken that gamble.

I am all for exploiting loopholes when something is unfair (e.g. an unfair parking ticket) but in this instance I'm not sure that a loophole is appropriate.