Speeding in a Hire Car in UK - No Longer Living In UK

smashingyour...

anna_grant wrote: »

I have now received the NIP in my name redirected from my last UK address. So I'll complete it with my US details (although I have got married since I left the UK and now have a different surname - not sure whether to complete the form with my maiden name as on the licence or my new name. Once you have left the UK, the DVLA say they don't want to know if address updates - I don't think they fit in their computer!).

I'll just send it if and see if they pursue it. I did wonder if I should include proof that I have genuinely left the UK for good - that I'm not just on a long holiday and trying to get out of a fine and penalty points.

I do intend to return to the UK for short breaks but will not return for good.

Don't send them any proof, send the form back so it arrives with them within the 28 days. Give them your new address in the US, don't post off your licence.

What is the date of the alleged offence?

anna_grant

smashingyour... wrote: »

Don't send them any proof, send the form back so it arrives with them within the 28 days. Give them your new address in the US, don't post off your licence.

What is the date of the alleged offence?

20th June - they sent the first NIP to the hire company. I left the UK on 27th June.

anna_grant

OK. I mailed off the NIP form to Devon and Cornwall Police on 6 August to arrive in plenty of time. I didn't send it by 'signed for' mail as it is prohibitively expensive from the US. As I was the driver but now have a different name, I included a copy of my marriage certificate. I also included a copy of my visa so they could see that I have left the UK for good.

How long do they usually take to communicate back? They will have had my form for about 6 weeks.

I was due to take my Illinois driving test yesterday but they are telling me that I can't get one until I get my Green Card. But that's another problem..

Lum

They have up to 28 days from receipt, but are usually a lot quicker than that. Who knows how long the international post took though.

I wonder if Section 7 Interpretation Act even applies when international post is involved? I'd imagine it would but who knows.

anna_grant

Lum wrote: »

They have up to 28 days from receipt, but are usually a lot quicker than that. Who knows how long the international post took though.

I wonder if Section 7 Interpretation Act even applies when international post is involved? I'd imagine it would but who knows.

Mail normally takes 5 days between US and UK - I mailed it on the 6 August and they had to receive it by 16 August.

I had never heard of 'Section 7 Interpretation Act' until now. Interesting. I am not quite sure what to do now. If I had been able to get my Illinois license yesterday, I would have had to hand in my UK driving licence. So I would probably have called D&C Police and asked what was happening. As it is, I'm not sure whether they have decided not to pursue it because I am no longer a UK resident or if it's fallen somewhere between the cracks of international post - either from here to there or from there to here.

Lum

I'm no expert in this, but I'd guess trade in your licence anyway as you're going to need that, then if you pay up for the offence, the DVLA create a sort-of ghost licence that attaches to your US one, like a paper counterpart without a photocard. This can then acquire points and eventually ban you from driving in the UK if you regularly come over here and speed, but in practice since you've left is basically of no significance.

Aretnap

Lum wrote: »

They have up to 28 days from receipt, but are usually a lot quicker than that.

I think you're thinking of the fact that if the OP receives a conditional offer she'll have 28 days to accept it herself. There's no particular time limit for the police to respond once they receive a driver nomination, other than that they have to lay information with the court within 6 months of the offence if they want to prosecute.

Interpretation Act isn't very relevant as they don;t have to send a conditional offer at all and could choose to go straight to a summons so (from their point of view) it makes no odds whether the OP receives it or not.

That said, if the OP's heard nothing then I'd be willing to place a small bet that they've noted that she's left the country permanently and kicked this one into the long grass and that the OP will never hear of this again.

Lum

My understanding is that the 28 days thing works both ways, except for the 14 days on 1st NIPs, though it's more of a guideline than a hard and fast rule for 2nd NIPs and COs.

My reference to the interpretation act was regarding the OP posting off the NIP, not whether or not the ticket office offer a CO.

Weird_Nev

anna_grant wrote: »

OK. I mailed off the NIP form to Devon and Cornwall Police on 6 August to arrive in plenty of time. I didn't send it by 'signed for' mail as it is prohibitively expensive from the US. As I was the driver but now have a different name, I included a copy of my marriage certificate. I also included a copy of my visa so they could see that I have left the UK for good.

How long do they usually take to communicate back? They will have had my form for about 6 weeks.

I was due to take my Illinois driving test yesterday but they are telling me that I can't get one until I get my Green Card. But that's another problem..

They're probably having a hard time finding the pennies for a US stamp right now.
I wouldn't sweat it. You've done the right ting and the ball is in their court.

Yorkie1

OP, although they can issue you with a summons for your US address, they can't issue you with an arrest warrant for failure to attend - s.3 Crime (International Co-operation) Act 2003 - although the summons may remain 'live' for service if you later return to the UK.

Assuming they accept you've moved abroad, as others have said I'd be surprised if they did issue a summons.