Uncle speeding but doesn't live in UK

Uncle speeding but doesn't live in UK

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Mr Trophy

Original Poster:

6,808 posts

203 months

Wednesday 24th June 2015
quotequote all
Afternoon

As per the above, Uncle has been caught speeding but doesn't live in the UK or have UK licence. He's said fair enough it was me and his details given.

Just wondering what the next steps are if anyone else has been in this situation?

Thanks,

andy-xr

13,204 posts

204 months

Wednesday 24th June 2015
quotequote all
My ex boss (lives in Prague) got a 'watch it or else' letter to the address he supplied on a NIP

Magog

2,652 posts

189 months

Wednesday 24th June 2015
quotequote all
Mr Trophy said:
Afternoon

As per the above, Uncle has been caught speeding but doesn't live in the UK or have UK licence. He's said fair enough it was me and his details given.

Just wondering what the next steps are if anyone else has been in this situation?

Thanks,
Sure he was!
cop
judge
You go to prison for Peverting the course of justice?

Am I doing this right?

Retroman

966 posts

133 months

Wednesday 24th June 2015
quotequote all
Just guessing wildly here.

Was it your car he was driving and you received a NIP then filled in the details nominating him as the driver?

aw51 121565

4,771 posts

233 months

Wednesday 24th June 2015
quotequote all
If the OP named a foreign driver on the S.172 request, it is likely that the police will check the legality of the named driver to drive that vehicle in the UK... I do hope the driver was insured (hint: his "driving other cars" cover on his domestic policy almost certainly won't be valid), for example.

If the foreign driver wasn't insured, for example, then the OP will be charge with what used to be "aiding and abetting driving without insurance" (I think it is "cause or permit" nowadays) - which carries the same penalty as the principle offence.


Mr Trophy

Original Poster:

6,808 posts

203 months

Wednesday 24th June 2015
quotequote all
Retroman said:
Just guessing wildly here.

Was it your car he was driving and you received a NIP then filled in the details nominating him as the driver?
Yup!

aw51 121565 said:
If the OP named a foreign driver on the S.172 request, it is likely that the police will check the legality of the named driver to drive that vehicle in the UK... I do hope the driver was insured (hint: his "driving other cars" cover on his domestic policy almost certainly won't be valid), for example.

If the foreign driver wasn't insured, for example, then the OP will be charge with what used to be "aiding and abetting driving without insurance" (I think it is "cause or permit" nowadays) - which carries the same penalty as the principle offence.
Went through all the right channels, he was insured and driving over here on his HK licence.

Mr Taxpayer

438 posts

120 months

Wednesday 24th June 2015
quotequote all
He would normally be summons to appear before a Magistrates' Court. However the decision to proceed will be be based on a variety of factors that the CPS will have to weigh up; public interest, cost, likelihood of him turning up, etc. Basically it's in the the hands of the CPS.

Kent Police stop a high proportion of foreign vehicles, and the piss-takers are usually arrested, and put before a magistrate the next day. BiB from Kent/Surrey may like to elaborate.

Durzel

12,258 posts

168 months

Wednesday 24th June 2015
quotequote all
Mr Trophy said:
Went through all the right channels, he was insured and driving over here on his HK licence.
Did he just tell you he was insured, or did you confirm it for yourself?

Regardless of the legality once you name a foreign person you can expect your case to get that bit of extra attention, so you best be certain that he was insured as you're likely to be asked.

shirt

22,546 posts

201 months

Wednesday 24th June 2015
quotequote all
assuming the insurance is sound then he'll hear no more about it.

i was caught speeding a few years back in a hire car. i have a uae licence but as i still use my parents' address as my uk banking address the NIP was sent there. initially my dad sent it back unsigned [scottish force, that trick still flew] so the force called the house. after an explanation of the facts i heard no more about it.

i believe if caught by trafpol its a different story but cameras don't matter.

martinbiz

3,068 posts

145 months

Thursday 25th June 2015
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Mr Taxpayer said:
the piss-takers are usually arrested
Not for speeding they won't be.

It's about time we introduced a law to give the Police powers to apply on the spot fines to foreign drivers as most of Europe do.

Roo

11,503 posts

207 months

Friday 26th June 2015
quotequote all
martinbiz said:
Not for speeding they won't be.

It's about time we introduced a law to give the Police powers to apply on the spot fines to foreign drivers as most of Europe do.
They do around here.

giantdefy

684 posts

113 months

Friday 26th June 2015
quotequote all
martinbiz said:
Not for speeding they won't be.

It's about time we introduced a law to give the Police powers to apply on the spot fines to foreign drivers as most of Europe do.
http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/4948038/Foreign-drivers-to-face-900-on-the-spot-fines.html

Amateurish

7,736 posts

222 months

Friday 26th June 2015
quotequote all
This happened to me: it was my father driving who lives in France. I gave the police the relevant details - they sent a letter basically saying "are you telling the truth?" I confirmed that I was, and that was the end of it. I didn't have to supply evidence of any sort, and they certainly didn't ask about insurance.

PoleDriver

28,634 posts

194 months

Friday 26th June 2015
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Roo said:
They do around here.
Where's "here"?

martinbiz

3,068 posts

145 months

Friday 26th June 2015
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giantdefy said:
Not quite the same thing that was introduced as a deposit system which can be appealed against and has been shown to be not widely implemented or a viable way of doing it

A simple fixed penalty to avoid prosecution, but payable on the spot. Job done, away you go.

Just like in France.

martinbiz

3,068 posts

145 months

Friday 26th June 2015
quotequote all
Roo said:
They do around here.
what, arrest people for speeding???

I don't think so, speeding alone is not an arrestable offence whether you're from Dover or Delhi

PoleDriver

28,634 posts

194 months

Friday 26th June 2015
quotequote all
martinbiz said:
what, arrest people for speeding???

I don't think so, speeding alone is not an arrestable offence whether you're from Dover or Delhi
Who said anything about arrest?

supermono

7,368 posts

248 months

Friday 26th June 2015
quotequote all
Are you required by law to maintain evidence of someone being insured? If someone's living abroad are they legally required to help foreign police with their enquiries?

This insurance aspect sounds dubious to me, although I wouldn't be surprised if the speeding ticket scammers would go to some lengths to get their stinking hundred quid. Are there any first hand accounts of them pursuing the insurance angle or is it yet more bar room BS?

martinbiz

3,068 posts

145 months

Friday 26th June 2015
quotequote all
supermono said:
Are you required by law to maintain evidence of someone being insured? If someone's living abroad are they legally required to help foreign police with their enquiries?

This insurance aspect sounds dubious to me, although I wouldn't be surprised if the speeding ticket scammers would go to some lengths to get their stinking hundred quid. Are there any first hand accounts of them pursuing the insurance angle or is it yet more bar room BS?
If you name a foreign driver and the authorities are happy with that nomination they can still pursue a causing or permitting to drive uninsured against the keeper/owner, it would then be the keeper / owner's responsibility to prove that the person was insured to drive their vehicle.

Naming a foreign driver even if true will always result in closer attention being given, numerous case on Pepipoo

martinbiz

3,068 posts

145 months

Friday 26th June 2015
quotequote all
PoleDriver said:
Who said anything about arrest?
That's why I put question marks, it wasn't clear whether Roo was talking about arresting people or dishing out on the spot fines