German Road Traffic Infraction just arrived - 12 mths old
Discussion
I have just received a Road Traffic Infraction notice in the post for driving at 90 in a 60 along with a nice photo of me in my car.
The thing is the offence took place on the 30th July 2018 and the letter arrived on the 20th July 2019.
So I am really hoping someone will know what the Law is regarding the length of time the German authorities can process and pursue this offence and likely fine if I respond?
Surely there is a Statue of Limitations for this which I thought was 3 months?
I admit to the offence, just annoyed that it has taken so much time to arrive?
Thank you for your responses in advance.
The thing is the offence took place on the 30th July 2018 and the letter arrived on the 20th July 2019.
So I am really hoping someone will know what the Law is regarding the length of time the German authorities can process and pursue this offence and likely fine if I respond?
Surely there is a Statue of Limitations for this which I thought was 3 months?
I admit to the offence, just annoyed that it has taken so much time to arrive?
Thank you for your responses in advance.
This article might help - if you can get it translated.
https://www.bussgeldkataloge.de/wie-lange-dauert-e...
https://www.bussgeldkataloge.de/wie-lange-dauert-e...
Carl2220 said:
I have just received a Road Traffic Infraction notice in the post for driving at 90 in a 60 along with a nice photo of me in my car.
The thing is the offence took place on the 30th July 2018 and the letter arrived on the 20th July 2019.
So I am really hoping someone will know what the Law is regarding the length of time the German authorities can process and pursue this offence and likely fine if I respond?
Surely there is a Statue of Limitations for this which I thought was 3 months?
I admit to the offence, just annoyed that it has taken so much time to arrive?
Thank you for your responses in advance.
I think you have two options:The thing is the offence took place on the 30th July 2018 and the letter arrived on the 20th July 2019.
So I am really hoping someone will know what the Law is regarding the length of time the German authorities can process and pursue this offence and likely fine if I respond?
Surely there is a Statue of Limitations for this which I thought was 3 months?
I admit to the offence, just annoyed that it has taken so much time to arrive?
Thank you for your responses in advance.
Option 1, If you ever intend on returning to Germany again then just pay up and move on. The amount of hassle you'll have trying to get someone to acknowledge that it is no longer valid (i don't know if it is or it isn't) will massively outweigh simply paying up.
Option 2, If you will never go back to Germany then just ignore it. They won't chase it up, it would cost them to much.
Who has sent it to you? If it is the German authorities directly, then they have the right to obtain keeper details across EU borders, but do not have any recourse for enforcement. They can't take you to court, they can't send bailiffs, and can't affect your credit rating.
As for their statute of limitations, I'm not sure - roughly speaking in the UK a fixed penalty notice/endorsement can only be enforced if issued within 6 months of the offence.
If it is EPC Plc from London, they get given data from various authorities who then write off the debt or fine, and anything collected by EPC is split. These are safe to ignire - they have no legal right to take you to court for a debt they obtained in this manner. I've tried speaking with them many times to come to a working agreement about transferring liability, but they simply wnat to collect money - not deal with appeals or representations etc. We have accrued and alleged debt closing in on £1m with them - if they were enforceable, we would be top of the pile to get taken to court....
As for their statute of limitations, I'm not sure - roughly speaking in the UK a fixed penalty notice/endorsement can only be enforced if issued within 6 months of the offence.
If it is EPC Plc from London, they get given data from various authorities who then write off the debt or fine, and anything collected by EPC is split. These are safe to ignire - they have no legal right to take you to court for a debt they obtained in this manner. I've tried speaking with them many times to come to a working agreement about transferring liability, but they simply wnat to collect money - not deal with appeals or representations etc. We have accrued and alleged debt closing in on £1m with them - if they were enforceable, we would be top of the pile to get taken to court....
S11Steve said:
Who has sent it to you? If it is the German authorities directly, then they have the right to obtain keeper details across EU borders, but do not have any recourse for enforcement. They can't take you to court, they can't send bailiffs, and can't affect your credit rating.
I was under the impression that had changed & the UK authorities can enforce fines issued in EU courts following conviction (for a number of road traffic offences) as if it were a fine imposed in the UK court.Or is this stuff rubbish?
http://www.trafficlawyers.co.uk/cross-border-enfor...
http://www.legislation.gov.uk/uksi/2015/1490/artic...
Edited by vonhosen on Friday 26th July 09:56
vonhosen said:
I was under the impression that had changed & the UK authorities can enforce fines issued in EU courts following conviction (for a number of road traffic offences) as if it were a fine imposed in the UK court.
Or is this stuff rubbish?
http://www.trafficlawyers.co.uk/cross-border-enfor...
http://www.legislation.gov.uk/uksi/2015/1490/artic...
My understanding is that is the first link refers to the legislation that allows the transfer of keeper data across borders, and the second link only comes into play if/when the unpaid fine has gone through a court in the issuing nation, and can then be transferred to the UK to follow the process described.Or is this stuff rubbish?
http://www.trafficlawyers.co.uk/cross-border-enfor...
http://www.legislation.gov.uk/uksi/2015/1490/artic...
Edited by vonhosen on Friday 26th July 09:56
The foreign tickets are not getting as far as their local courts though, so there is nothing to transfer to the UK to enforce.
My work, and the wider industry we are in are receiving thousands of these,and dealing with them in the same way we deal with any incoming fine or charge, and attempting to transfer liability to the end user. Some countries accpet this, some don't.
We are keeping a close watch on developments - some EU countries put the owner as liable, the UK has driver liability, as well as Keeper liability but so far none have gone anywhere near setting anything close to a precedent.
I do suspect at some point that one will escalate right through the various EU courts for a decision on how the process should work, but for now the various EU authorities are not doing anything other than sending letters.
S11Steve said:
My understanding is that is the first link refers to the legislation that allows the transfer of keeper data across borders, and the second link only comes into play if/when the unpaid fine has gone through a court in the issuing nation, and can then be transferred to the UK to follow the process described.
I think it also covers penalties where the liable party has a right to go to court. I don't know if that applies to German penalties etc."An authority of the issuing State other than a court in respect of a criminal offence under the law of the issuing State, provided
that the person concerned has had an opportunity to have the case tried by a court having jurisdiction in particular in criminal matters; "
sc0tt said:
KAgantua said:
The Mad Monk said:
Carl2220 said:
Surely there is a Statue of Limitations for this which I thought was 3 months?
Why do you think you should be on a pedestal?agtlaw said:
S11Steve said:
My understanding is ... the second link only comes into play if/when the unpaid fine has gone through a court in the issuing nation, and can then be transferred to the UK to follow the process described.
Incorrect.To date we have had no fallout from how we have been processing them, but in many cases after we have transferred liability, or at least tried to, we, nor our customers have had any further correspondence on the matter.
KAgantua said:
The Mad Monk said:
Carl2220 said:
Surely there is a Statue of Limitations for this which I thought was 3 months?
Why do you think you should be on a pedestal?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff