France Speeding - How to Get Impounded Car Back
France Speeding - How to Get Impounded Car Back
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t1grm

Original Poster:

4,657 posts

313 months

Monday 25th June 2018
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I've just been caught doing 191km/h in a 130 north of Strasbourg in France this afternoon. I never normally do speeds that high but I was rushing to make the ferry from Calais and had just passed a particularly frustrating gaggle of Sunday drivers all overtaking at 1km/h difference so, gave it a bit of a squirt to clear my frustration and, "boom" got pinged by a speed gun on a bridge and pulled over at the next toll station. Gutted.

Anyway, they gave me a €750 fine and confiscated my license and car. I'm now sitting in a hotel room near Paris Orly Airport waiting for a flight home tomorrow after 2 hours at a police station and a 6 hour journey by train and taxi. Apparently I am banned from driving in France only (don't know how long for) and my licence will be posted back to me.

Obviously the fine (and travel expenses) is a kick in the balls, the ban not so much if it only applies in France, but I'm most worried about getting the car back. When asked when I would get it back they said after the judgement which would probably be in September! I assume this means it's going to court? What will happen then? Will that just be to determine the length of the ban or could they increase the fine or keep the car for longer? I've even hear stories of cars been permanently confiscated and crushed (or is this just scaremongering). My car is a lease car - I don't technically own it. What would happen if they decided to crush that? Would I have to pay the lease company the full value of the car? Seems draconian for a first offense.

However the police also asked me if there was another driver I could call. I was travelling solo and there wasn't. Which makes me think that the car was only impounded because I had no licence and there was no other driver. Which in theory means I could go over with a mate next week and pick it up? I didn't think to ask this at the time and obviously don't want to arrange travel for two people on the off chance they might give me the car back. Any thoughts on how I should proceed on trying to get the car back - if I can at all. Or am I looking at renting a car until September or longer. This car is my daily driver. I don't have another.

Quite frankly I'm worried sick about not getting the car back and having to stump up the full cost of a one year old car to the lease company.

Heaveho

7,445 posts

203 months

Monday 25th June 2018
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My understanding ( but it's possibly not current law) is that another driver can retrieve the car for you immediately. I almost got the same treatment a few yeas ago, albeit from a completely corrupt bike copper, who, in effect, took a bribe to let me go. The fact that I hadn't done what I was accused of just made it all the more annoying. I don't tend to go near Beaune any more, for obvious reasons!

Lotus Notes

1,331 posts

220 months

Monday 25th June 2018
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If it's not your car, they can't confiscate. It looks like they've simply immobilised the vehicle. I've taken this from a French advice website:

"Le juge ne pourra confisquer qu’un véhicule appartenant à l’auteur des faits. Celui qui prête ou loue son véhicule ne risque donc pas de le voir disparaître. Attention, la carte grise n’est pas un titre de propriété, ce n’est qu’un titre de police. Pas la peine de muter en catastrophe un certificat d’immatriculation au nom de sa mère ou de sa petite sœur, un juge pourra parfaitement surmonter cette difficulté pour confisquer la voiture."

I'd photocopy the V5 and get it translated if required, then contact the officer in charge and organise recovery.

Dan_M5

616 posts

172 months

Monday 25th June 2018
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Happened to me in Belgium, got my car back a week later.

If someone else owns the car show the police the invoice for the car and they should be able to drive it away. The french have an even dimmer view of speeding but you should be able to get the car back if you can prove you aren't the owner (V5 doesnt prove ownership).

Get a solicitor that speaks french in the area that is impounded it will help a lot!

My FIL came with me to get mine and i had it towed out of Belgium then i carried on to the tunnel and then home. I have to go to court at some point for judgement, how long i'll be banned for and fine etc

What ever you do DONT tell the lease company! Until you have no other option!

Edited by Dan_M5 on Monday 25th June 08:36

t1grm

Original Poster:

4,657 posts

313 months

Monday 25th June 2018
quotequote all
Thanks all. I don't have the V5. The lease company keeps that. I have (had) a V103B permission to use a hire abroad certificate but the police kept that. In fact I checked the documentation they gave me and I have nothing relating to the car whatsoever. I have a receipt for the payment of the fine (with car plate on it), a certificate confirming the confiscation of the driving licence and a piece of notepaper with the name and number of the garage where the car is being stored but absolutely no documents for the car! I can't see anything relating to confiscation of the car on the other documents either.

I have a mate who speaks French and will probably be up for driving it back with me but before I book 2 x flights to Paris and 2 x TGV to Strasbourg I'd like to be sure they will hand over the car. Maybe he should just call the police station and see what the deal is?

Obvs not going to tell the lease company. I'm hoping worst case scenario I will get it back around September when the court case comes up or better still go back next weekend and collect it.

Dan_M5

616 posts

172 months

Monday 25th June 2018
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The solicitor helped me no end. When i phoned the courts and the police station they wouldn't tell me anything. The police that confiscated mine said i wouldn't ever get it back.

Take finance agreement to show you arent the owner and you'll need to prove the other person can legally drive it insurance wise.

Oh your insurance wont be vaild in september either FYI most companies state it can only be out the country for 30days etc


t1grm

Original Poster:

4,657 posts

313 months

Monday 25th June 2018
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I insure with Stuart Collins. They specialise in year round cover abroad so insurance not an issue.

https://www.stuartcollins.com/

Will get mate to phone first and if no joy look for a solicitor. Who did you use and how much if you don't mind me asking? if you could PM details that would be great.

Edited by t1grm on Monday 25th June 09:15

Dan_M5

616 posts

172 months

Monday 25th June 2018
quotequote all
t1grm said:
I insure with Stuart Collins. They specialise in year round cover abroad so insurance not an issue.

https://www.stuartcollins.com/

Will get mate to phone first and if no joy look for a solicitor. Who did you use and how much if you don't mind me asking? if you could PM details that would be great.

Edited by t1grm on Monday 25th June 09:15
Mine was a Belgium based solicitor and it was 370 euros

t1grm

Original Poster:

4,657 posts

313 months

Monday 25th June 2018
quotequote all
Dan_M5 said:
Mine was a Belgium based solicitor and it was 370 euros
Thanks cool

sunbeam alpine

7,248 posts

217 months

Monday 25th June 2018
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OP - as you suggested in your first post, the car was impounded because there was nobody with you who could drive the car further, and you were immediately banned from driving in France. This is normally for a period of 3 months.

The fact that it is a leasing car means that they can't keep the car and you should be able to arrange to collect the car (obviously you'll either need to have it trailered away or take someone with you who has a licence and is insured to drive the car).

I've collected cars in France for friends in these circumstances, but I've never been involved in the paperwork so I can't advise you. I do know the system in Belgium. It may be worth engaging a solicitor (maybe you have legal cover via your car insurance?) as they will be familiar with the process.

Don't worry about the car - you will get it back - you just need to get everything organised to collect it. In due course you will receive a communication from the court that you've been judged and the €750 fine was the punishment. I've not known them ask for additional fines over and above.

P.S. When you've collected it, DO NOT UNDER ANY CIRCUMSTANCES RISK DRIVING IT YOURSELF IN FRANCE WHILE YOU'RE BANNED!

t1grm

Original Poster:

4,657 posts

313 months

Monday 25th June 2018
quotequote all
sunbeam alpine said:
OP - as you suggested in your first post, the car was impounded because there was nobody with you who could drive the car further, and you were immediately banned from driving in France. This is normally for a period of 3 months.

The fact that it is a leasing car means that they can't keep the car and you should be able to arrange to collect the car (obviously you'll either need to have it trailered away or take someone with you who has a licence and is insured to drive the car).

I've collected cars in France for friends in these circumstances, but I've never been involved in the paperwork so I can't advise you. I do know the system in Belgium. It may be worth engaging a solicitor (maybe you have legal cover via your car insurance?) as they will be familiar with the process.

Don't worry about the car - you will get it back - you just need to get everything organised to collect it. In due course you will receive a communication from the court that you've been judged and the €750 fine was the punishment. I've not known them ask for additional fines over and above.

P.S. When you've collected it, DO NOT UNDER ANY CIRCUMSTANCES RISK DRIVING IT YOURSELF IN FRANCE WHILE YOU'RE BANNED!
Thanks. Very reassuring. Didn't think of trailering it. I might put it up on shipley.com. Sent contact details to my French speaking friend. He's up for a trip to Strasbourg and he's going to try to phone them and sort something out. If that doesn't work I'll look into a lawyer.

Regards insurance I think he's insured 3rd party on my insurance but will they want to see a piece of paper with his name and my car plate on it?

Trips to Europe will be via Zeebrugge or Hook of Holland and down through Benelux, Switzerland and Germany to Italy in future (I was driving up from Sicily).

Dog Star

17,554 posts

197 months

Monday 25th June 2018
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t1grm said:
However the police also asked me if there was another driver I could call. I was travelling solo and there wasn't. Which makes me think that the car was only impounded because I had no licence and there was no other driver. Which in theory means I could go over with a mate next week and pick it up?
I got banned in France for almost the same speed - 188 in a 130. Two months.

The car wasn't impounded - my GF was with me and insured to drive; they checked her details (carefully!) and we were on our way. You should be able to pop back and get your car back.


Al U

2,394 posts

160 months

Monday 25th June 2018
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t1grm said:
Thanks. Very reassuring. Didn't think of trailering it. I might put it up on shipley.com. Sent contact details to my French speaking friend. He's up for a trip to Strasbourg and he's going to try to phone them and sort something out. If that doesn't work I'll look into a lawyer.

Regards insurance I think he's insured 3rd party on my insurance but will they want to see a piece of paper with his name and my car plate on it?

Trips to Europe will be via Zeebrugge or Hook of Holland and down through Benelux, Switzerland and Germany to Italy in future (I was driving up from Sicily).
Just get him some fully comp temp cover. If he bins it on the way home for whatever reason and the car is deemed a total loss who is paying the lease company the money for car?

t1grm

Original Poster:

4,657 posts

313 months

Monday 25th June 2018
quotequote all
anonymous said:
[redacted]
I usually cruise at 90-100 so it was more like a 100 to 120 squirt. Plus it was more like a 2 minute blast than a squirt. Still faster than I normally go though.

I'm aware of the risks. I've been driving in France for years. I normally go 30kmh over on motorways, slow for fixed cameras, keep an eye out for speed traps and take the occasional 80 EUR slap on the wrist. Think I've had 3 in 15 years. That's why this was all the more gutting. 90-120 seconds of red mist because I got stuck in traffic and was late for the ferry and the b'stards had a speed trap right there.

Edited by t1grm on Monday 25th June 16:53

Starfighter

5,347 posts

207 months

t1grm

Original Poster:

4,657 posts

313 months

Monday 25th June 2018
quotequote all
Starfighter said:
LOL not me in case that's what you're suggesting. wink I was driving an Alfa Gulia north. Sounds like that lot were heading south. Might explain why I saw an F40 drive by. I assumed it was a straggler from LM classic. Doesn't say if the cars were impounded but on an event like that I guess everyone would have passengers who could drive. Lucky for them.

bad company

21,919 posts

295 months

Monday 25th June 2018
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Similar story below. Good reasons to avoid France imo, I just pass through on my way to Germany & Italy:-

https://www.pistonheads.com/gassing/topic.asp?h=0&...

AussieFozzy

136 posts

157 months

Tuesday 26th June 2018
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t1grm said:
LOL not me in case that's what you're suggesting. wink I was driving an Alfa Gulia north. Sounds like that lot were heading south. Might explain why I saw an F40 drive by. I assumed it was a straggler from LM classic. Doesn't say if the cars were impounded but on an event like that I guess everyone would have passengers who could drive. Lucky for them.
Passengers that can drive and wallets that do a lot of talking...

QBee

22,459 posts

173 months

Tuesday 26th June 2018
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You talk about getting to Strasbourg to collect the car....which is close to the German border. If you can get the car over the border, would I be correct in assuming you are able to drive it back? In which case, don't book the ferry/tunnel back from Calais, but from one of the Belgian ports. Probably doesn't help....

Nor does the comment that you need to slow your road driving down, please. Try doing track days - I am not joking, they help a lot in dealing with the need for speed. And are great fun.

cmvtec

2,188 posts

110 months

Tuesday 26th June 2018
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This happened to me around nine years ago when I was 20 years old, and working in Paris. Heading up the A16 to the Chunnel, which I'd already changed the booking for twice. Young lady in tow, whom had flown over to spend the week with me, plan was to drive back up to Newcastle on the Sunday and spend a few days at "home", then head back to Paris.

I was clocked at 217km/h in a 130. Taken to an Autoroute Peáge and my licence confiscated. Young lady couldn't drive the car, so it had to "rest 'ere". I had to call my landlord, arrange for him to collect me, then arrange a flight the following day for the young lady.

Fortunately the car wasn't mine and they didn't confiscate it, they just left me with the keys and told me I couldn't drive it... My landlord told me later that if i was a French National or the car belonged to me, I'd have been jailed and/or lost the car. I was fined 750€ before I could arrange for the car to be moved. The Gendarmes were quite happy to let the car be moved by my landlord's wife once I'd paid.

Received my licence back in the post to my UK address and that was that, When I permanently returned to the UK some months after I drove extremely carefully to the Eurotunnel using only the back roads late at night.

I've never been to France since, mind. Looking back now it really gave me a shake, lesson learned and all that.