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PostPosted: Mon Aug 04, 2008 11:28 
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Thousands of speeding fines are ripped up every year as foreign drivers escape paying LINK
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Calls have been made to improve the system of catching speeding drivers in the UK as thousands of foreign motorists get away with paying fines every year.

While some countries fine on-the-spot, in this country a camera catches a speeder on film and they are found through the DVLA.

But British police are not allowed access to vehicle registrations systems in other countries.

Escape: Police do not bother to pursue speeding tickets incurred by foreign drivers

So when a driver from abroad is clocked they can not be traced easily and the police often drop the case.

Jo Abbott, of the RAC Foundation, believed a Europe-wide policy change was needed.

She said: 'The real problem is that the EU does not yet have a directive or agreement that says that there is a system needed to help collect these fines, although they are talking about it at the moment.

'In some countries they have on-the-spot fines. So, for example, if someone from Lancashire speeds on a French road, they could be fined on the spot.

'And if they don't have the money, they could be taken to a cash machine to pay the fine.'

The foundation would prefer traffic police to be 'out there patrolling the roads' rather than using speed cameras, added Miss Abbott.

Lancashire Police reported it had to rip up 10,500 tickets since 2004 because they could not trace drivers - equaling £641,400 in lost fines.

MP for Hyndburn Greg Pope said: 'These statistics are appalling. I am sure motorists will be horrified that they have to pay but these foreign drivers don't have to.

'My understanding was we have an agreement with other EU countries so we can just contact the equivalent DVLA to trace these drivers.'

Ribble Valley MP Nigel Evans also said: 'Clearly this is very disturbing. Hundreds of thousands of pounds are being lost in fines because of this loophole and foreign drivers are proving themselves to be above the law.

Officials said tracking down all tickets unpaid by overseas motorists would be too time-consuming and was not covered by Freedom of Information.

A police spokesman added: "This is a nationally recognised issue and plans are in place at national level for future enforcement techniques.

'However, at the moment there is an obvious difficulty in tackling this issue as we do not have access to foreign registration systems.

'In Lancashire, when we have a large influx in any one area of foreign motorists caught speeding, we are able to put markers on those vehicles so that our Automatic Number Plate Recognition (ANPR) teams are then able to stop the vehicles and obtain details from the driver.'


ITS NOT ABOUT THE MONEY [SIC}
It is amazing that any half baked car park owner can register and obtain our car ownership details. But drive a polish or frenc car and you are exempt.

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Mon Aug 04, 2008 13:37 
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I know [of] two guys who bought polish cars from owners returning "home".
No tax, no insurance and no mot.
And little chance of eing caught.

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PostPosted: Mon Aug 04, 2008 14:53 
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jomukuk wrote:
I know [of] two guys who bought polish cars from owners returning "home".

That is my plan come November this year....not to buy a car from a Polack returning home, but to take our car to France and have it legally registered over there.

Once all the paperwork is done, I fully intend to bring it straight back to Blighty and at that point the scamerati and the traffic stasi can whistle should I happen to drift to 35mph or overstay my time by 5 minutes in a parking space.

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PostPosted: Mon Aug 04, 2008 16:54 
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Works the other way too. I got flashed by a speed camera in France in June. Never heard anything more.

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Lancashire Police reported it had to rip up 10,500 tickets since 2004 because they could not trace drivers - equaling £641,400 in lost fines.

Ribble Valley MP Nigel Evans also said: 'Clearly this is very disturbing. Hundreds of thousands of pounds are being lost in fines because of this loophole


...and here's me, thinking that speed limit enforcement was all about safety :bunker:


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PostPosted: Tue Aug 05, 2008 09:31 
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Gixxer wrote:
jomukuk wrote:
I know [of] two guys who bought polish cars from owners returning "home".

That is my plan come November this year....not to buy a car from a Polack returning home, but to take our car to France and have it legally registered over there.

Once all the paperwork is done, I fully intend to bring it straight back to Blighty and at that point the scamerati and the traffic stasi can whistle should I happen to drift to 35mph or overstay my time by 5 minutes in a parking space.
look forward to seeing you in court. :D

It is legal to use in the UK a vehicle which is registered and taxed in its home country and has been brought into the UK on a TEMPORARY basis. The exemption is valid for up to six months in any 12 month period. Keepers MUST register the vehicle in this country when (if) they become resident in the UK.

Just last week we dealt with driver who thought he could do just what you described. he was faced with charges of no tax, fail to register, no MOT and no insurance (as the spanish insurance he had was voided when they found out what he was doing). He owned no property overseas, he owned a house in the UK, worked full time in the UK, as did his wife and his kids were in the local school. The court considered him to be normally resident in the UK and therefore guilty on all charges.
The car was crushed - he couldn't get UK insurance cover due to the foreign plates and none of his friends were willing to take the risk of driving it on their insurance with no tax or MOT. he was disqualified for 12 months.

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PostPosted: Tue Aug 05, 2008 16:09 
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fisherman wrote:
look forward to seeing you in court. :D

It is legal to use in the UK a vehicle which is registered and taxed in its home country and has been brought into the UK on a TEMPORARY basis. The exemption is valid for up to six months in any 12 month period. Keepers MUST register the vehicle in this country when (if) they become resident in the UK.

I'm afraid you won't have the pleasure of seeing me in court Fisherman, I am already fully aware of the laws at this present time regarding foreign registered vehicles.

We already own property in France, and that is where the vehicle will be registered, insured, etc

To counter the 6 month time limit out of every 12, I'll simply buy a shitter that is already French registered that isn't worth 2 bob and use that for the remaining 6 months that I wouldn't be allowed to keep the main car in the UK without registering it.
I do generally like to have a half decent car on the road, but the amount of money I will save in insurance, MOT, etc alone makes it worth my while to take that route.

Of course if there is anything wrong with that plan, then please feel free to let me know because I do like to consider myself to be pretty much law abiding these days.

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PostPosted: Thu Aug 07, 2008 14:35 
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Your main problem is going to be the question of whether or not you are resident. Eastern europeans and others from outside the UK are not normally resident as they have family and other ties elsewhere and have no history with the UK eg born here, UK nationals, educated here, property owners (inc bank accounts etc not just buildings). They do become resident if they reside here for more than 6 months in any 12.

The other thing you need to consider is the view taken by the inland revenue. They have a category of "normally resident" which seems, if I have understood it correctly, to be a way of making people liable for income tax here when they live elsewhere. Might be difficult to claim you are not resident if the taxman says you are.

Good luck.

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PostPosted: Sat Aug 09, 2008 11:33 
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fisherman wrote:
Your main problem is going to be the question of whether or not you are resident. Eastern europeans and others from outside the UK are not normally resident as they have family and other ties elsewhere and have no history with the UK eg born here, UK nationals, educated here, property owners (inc bank accounts etc not just buildings). They do become resident if they reside here for more than 6 months in any 12.

The other thing you need to consider is the view taken by the inland revenue. They have a category of "normally resident" which seems, if I have understood it correctly, to be a way of making people liable for income tax here when they live elsewhere. Might be difficult to claim you are not resident if the taxman says you are.

Good luck.


That is just wishful thinking fisherman. I suggest you consult your clerk for your legal advice. :D

HMRC's definition of non-resident has no relevance to traffic law covering vehicles imported temporarily from the EU. EU citizens have a right of abode in UK and other EU countries. Someone with a residence in France and one here can be a UK or French citizen and hold either passport. And is free to bring a French registered car here for 6 in any 12 months. If frequent trips are made between each country then it is impracticable to record the duration the vehicle spends in the UK.

There are LGVs that spend around 6 months in the UK in 12 leaving the UK weekly to fill upwith much cheaper fuel, when the only abode the driver has is his cab.
:)

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PostPosted: Sat Aug 09, 2008 15:29 
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Richard C wrote:
I suggest you consult your clerk for your legal advice. :D
having chaired both case management hearings for this one I consulted - or to be more accurate sat and listened while the clerk gave her views on the law. Twice. I also heard the views of the crown prosecutors - first an in-house lawyer and then a barrister agent. I also heard from the defence lawyers - again a solicitor first and then a barrister.


Richard C wrote:
HMRC's definition of non-resident has no relevance to traffic law covering vehicles imported temporarily from the EU.
I am sure you are correct. But the lawyers in this case all identified the matter of residence as the single issue which would decide how the traffic should be applied, and thus would decide the case. They were all of the opinion that it would not be in the interests of justice for the bench at trial to decide this matter without reference to a pre-existing legally accepted definition of "residence". This is because, if resident you can't drive a foreign registered and insured car in the UK.

The CPS quoted the Gaines - Cooper taxation liability case. In her opinion the conditions set out in that case are deserving of mention and consideration in any legal matter where residence is at issue. The main points to be considered were :-
* the duration of an individual’s presence in the UK;
* the regularity and frequency of visits;
* birth, family and business ties;
* the nature of visits; and
* connections with the UK.

I have no way of knowing how the argument would have ended at trial as the defence changed their plea to guilty immediately after these points were raised.




Richard C wrote:
EU citizens have a right of abode in UK and other EU countries. Someone with a residence in France and one here can be a UK or French citizen and hold either passport. And is free to bring a French registered car here for 6 in any 12 months.
My understanding of the law is that residence in the UK trumps that. In other words if you are resident here you can't use the foreign residence argument for driving a non UK registered car. This understanding comes from the above mentioned case. If you can direct me to some contrary law I would be able to pass it on to the defence lawyer in question in time for an appeal to be mounted.




Richard C wrote:
There are LGVs that spend around 6 months in the UK in 12 leaving the UK weekly to fill upwith much cheaper fuel, when the only abode the driver has is his cab.
Gixxer didn't mention living in a lorry cab or having dual nationality. Those circumstances didn't apply to the defendant in the case I have mentioned.

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PostPosted: Sat Aug 09, 2008 19:03 
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fisherman wrote:
Gixxer didn't mention living in a lorry cab or having dual nationality. Those circumstances didn't apply to the defendant in the case I have mentioned.

I have no wish to live in a sleeper cab, but ditching British nationality wouldn't worry me in the slightest to be honest with you.

I am reasonably fluent in French to start with, and I have Hebrew down to a fine art (thanks Mum).....so if the worst came to the worst, I'd simply chatter away in Hebrew while being pulled in a French registered car.....let the politically correct to$$ers sort that one out if they dare!


But do you know what realy pains me Fisherman?

I wasn't exactly 'snow white' in my younger days but as I've got older, common sense (as well as responsibility) has kind of taken over for me.
However the way we get screwed these days, the law can kiss my ar$e and I'll quite happily play it at it's own game!

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PostPosted: Sat Aug 09, 2008 19:38 
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obviously speeding isn't as important as parking infringements then- some polish builders I work with informed me one of their pals was stopped at the border entering poland and made to pay £1000 odd worth of parking fines courtesy of hammersmith.

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PostPosted: Sun Aug 10, 2008 11:58 
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Gixxer wrote:
fisherman wrote:
Gixxer didn't mention living in a lorry cab or having dual nationality. Those circumstances didn't apply to the defendant in the case I have mentioned.

I have no wish to live in a sleeper cab, but ditching British nationality wouldn't worry me in the slightest to be honest with you.

I am reasonably fluent in French to start with, and I have Hebrew down to a fine art (thanks Mum).....so if the worst came to the worst, I'd simply chatter away in Hebrew while being pulled in a French registered car.....let the politically correct to$$ers sort that one out if they dare!


But do you know what realy pains me Fisherman?

I wasn't exactly 'snow white' in my younger days but as I've got older, common sense (as well as responsibility) has kind of taken over for me.
However the way we get screwed these days, the law can kiss my ar$e and I'll quite happily play it at it's own game!


You, me and an ever increasing number of previously fair minded contemporaries who are becoming less and less inclined to play the new pay-as-you-go games devised by the PTB.


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PostPosted: Sun Aug 10, 2008 13:57 
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Gixxer wrote:
However the way we get screwed these days, the law can kiss my ar$e and I'll quite happily play it at it's own game!
I have helped as much as I can by quoting from the only case of this nature I have dealt with. It seemed at the time, and still seems now, that the single most important factor is whether you are or are not resident in the UK. If you are then you can't drive a foreign registered and insured car. If you are not resident then you can.

You may be able to find a way round that or some other law that trumps that particular rule, but I have reached the limit of any assistance I can give on the matter. I repeat my earlier comment "Good Luck".


it might be worth pointing out that my local court now pre-books an interpreter one motoring court a month. She is kept fully occupied. We aren't catching all the foreign drivers who offend, but the system is doing a lot better than it did a few months ago. The driver in the case I mentioned was caught in a police sweep against non UK registered cars.

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PostPosted: Sun Aug 10, 2008 14:07 
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fisherman wrote:
it might be worth pointing out that my local court now pre-books an interpreter one motoring court a month.

Can she speak Hebrew? :wink:

fisherman wrote:
We aren't catching all the foreign drivers who offend,

Now that's the difference, I really have no wish to intentionally offend but I am growing tired of having the need for eyes in the back of my ar$e. There are more than enough hazards to watch out for already, I don't need the added hazards of crap like hidden camera's to contend with because some twat in government wants to relieve me of £60 under the guise of road safety.

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PostPosted: Sun Aug 10, 2008 21:25 
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fisherman wrote:
the single most important factor is whether you are or are not resident in the UK. If you are then you can't drive a foreign registered and insured car. If you are not resident then you can.


Sorry, that is just plain wrong, I am UK resident, but frequently drive a foreign registered and insured vehicle (that belongs to me, but is kept in a foreign country). I do this perfectly legally, I drive it over here, and drive it back to the country where it resides. I am disappointed that someone who claims to be a JP is so ignorant of the law.


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PostPosted: Mon Aug 11, 2008 16:03 
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Odin wrote:
Sorry, that is just plain wrong, I am UK resident, but frequently drive a foreign registered and insured vehicle (that belongs to me, but is kept in a foreign country). I do this perfectly legally, I drive it over here, and drive it back to the country where it resides.
The DVLA are clear that the exemption applies to visitors only. Have a look here
http://www.direct.gov.uk/en/Motoring/Bu ... G_10014623
top paragraph.

All the lawyers in the case I have mentioned previously in this thread were of the opinion that this is the case. If they are wrong then you need to contact the CPS, the Law Society and the Bar Association tell them that their lawyers are making mistakes resulting in the conviction of innocent drivers.



Odin wrote:
I am disappointed that someone who claims to be a JP is so ignorant of the law.
I am disappointed that you chose to criticise something you don't understand. The whole point of JPs is that the majority of us are not lawyers.

In most cases that go through a magistrates court there is no doubt as to what the law is. The magistrates then apply that law to determine the facts of the case.

In the cases where there is doubt the lawyers for prosecution and defence put forward their opinion, with the court clerk acting as referee. Where the doubt is over statute law the clerk will almost always have the final word. Any decision made by the bench on the basis of that ruling by the clerk can be challenged by way of appeal.


Where the doubt concerns case law and precedent the two sides will put before the court precedents which are favourable to their case and the bench will decide which side is correct. JPs always give reasons for their decisions so that an appeal can be made to a higher court if either side feels strongly enough about it.

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PostPosted: Mon Aug 11, 2008 16:50 
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If a vehicle bearing foreign plates is stopped by the police, it is the responsibility of the keeper to demonstrate that he or she is eligible to use the vehicle in the UK without registering and taxing it.

I can show valid third party insurance, and all other vehicle documentation pertaining to the vehicle, so yes I am perfectly within the law to drive the foreign vehicle.
fisherman wrote:
All the lawyers in the case I have mentioned previously in this thread were of the opinion that this is the case. If they are wrong then you need to contact the CPS, the Law Society and the Bar Association tell them that their lawyers are making mistakes resulting in the conviction of innocent drivers.

And what did they get charged with exactly? Also you might wish to let the trafpol know this, since they were completely happy after a routine pull and my documents were inspected.


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PostPosted: Mon Aug 11, 2008 20:33 
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fisherman wrote:
Odin wrote:
Sorry, that is just plain wrong, I am UK resident, but frequently drive a foreign registered and insured vehicle (that belongs to me, but is kept in a foreign country). I do this perfectly legally, I drive it over here, and drive it back to the country where it resides.
The DVLA are clear that the exemption applies to visitors only. Have a look here
http://www.direct.gov.uk/en/Motoring/Bu ... G_10014623
top paragraph.

All the lawyers in the case I have mentioned previously in this thread were of the opinion that this is the case. If they are wrong then you need to contact the CPS, the Law Society and the Bar Association tell them that their lawyers are making mistakes resulting in the conviction of innocent drivers.



Odin wrote:
I am disappointed that someone who claims to be a JP is so ignorant of the law.
I am disappointed that you chose to criticise something you don't understand. The whole point of JPs is that the majority of us are not lawyers.

In most cases that go through a magistrates court there is no doubt as to what the law is. The magistrates then apply that law to determine the facts of the case.

In the cases where there is doubt the lawyers for prosecution and defence put forward their opinion, with the court clerk acting as referee. Where the doubt is over statute law the clerk will almost always have the final word. Any decision made by the bench on the basis of that ruling by the clerk can be challenged by way of appeal.


Where the doubt concerns case law and precedent the two sides will put before the court precedents which are favourable to their case and the bench will decide which side is correct. JPs always give reasons for their decisions so that an appeal can be made to a higher court if either side feels strongly enough about it.

I also agree with Odin. The URL quoted is from Direct.gov.uk which is the DVLA/DfT's own bucket of wishful thinking. It cannot be regarded as force of law. In there it also states that " UK law requires a vehicle to be UK taxed and registered for road use. To avoid difficulties, importers are advised to transport, rather than drive their vehicles from the port to home or first destination and to keep them off the road until they have been properly licensed and registered." That is entirely misleading. There is NO prohibition on driving vehicles from the port to home or first destination. I have enjoyed doing this several times.

I have also driven foreign registered competition cars on the public road on more than one occasion which have been brought over to the UK for a few days/weeks. They have had Belgian Insurance policies allowing them to be driven by authorised drivers for a given period. There is no mention of residency which would be a civil / contractual matter for the Belgian Insurance co. I have similarly driven foreign registered cars not my property on my UK insurance and do this entirely legally. Likewise colleagues resident overseas have driven cars belong to me or my company on their and our insurance. Where is there a statutory obligation for those cars to have been re-registered to the nationality of the driver ? I maintain that in each case the vehicle is driven legally in this country by the driver.

If I or my company have a residence/address/abode that permits me or my company to own and register and insure a car in another EU state it seems that it is my choice whether I leave it there.
What SI governs the 6 month temporary imporation period other than a a customs ( fiscal ) regulation ? I am most concerned that the CPS people have tried it on with stretching their interpretation of 'law' to get the coviction they wanted with you and your clerk with this argument. I have had experience of CPS try to claim a dual purpose vehicle ( subject to a 70 limit on a DC) was a " van" because the Reg cert stated this in the box marked "Taxation Class" I argued sucessfully that the C&U Regs 1986 determined what a vehicle was not some arbitrary class for taxation.

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PostPosted: Tue Aug 12, 2008 16:17 
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Odin wrote:
And what did they get charged with exactly?
The list of charges is clearly set out in an earlier post of mine in this thread. I am surprised you felt able to criticise me without knowing exactly what you are criticising.


Odin wrote:
Also you might wish to let the trafpol know this, since they were completely happy after a routine pull and my documents were inspected.
I wonder if its the same trafpol who told my daughter she could practice parking in the local supermarket car park without any need for her to be insured on the vehicle she was driving?

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PostPosted: Tue Aug 12, 2008 16:27 
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Richard C wrote:
I am most concerned that the CPS people have tried it on with stretching their interpretation of 'law' to get the coviction they wanted with you and your clerk with this argument.
No one tried anything on. The CPS and the the defence solicitor decided at the first CMH that there was a complex matter of law to be decided. They both chose to engage the services of Counsel for the second CMH. The two barristers settled the point of law. The clerk took the view that there was nothing to disagree with. The defendant was advised by his legal team to plead guilty.

The bench then considered whether the guilty plea was unequivocal and if was entered from a position of sufficient knowledge (on the part of the defendant) to be allowed to stand without further explanation. As both those conditions were satisfied the plea was accepted.

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