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danny1210

Speeding & failing to produce questions

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Hi,

My girlfriend recently had a out of the blue debt collection notice come to my address of where she has recently moved.

It related to a speeding ticket that had been posted to her old address so she had never received it, she has had 4 addresses in that year due to friends helping her with a place to live.

I contacted the debt agency to see what it was all about and that was the first we had heard of it so i contacted the council and explained and went to court with her to fill out a statutory declaration of which was accepted and now the whole procedure has started again.

My question is, there court summons is now for two crimes, one is the original speeding offence (of which she would go guilty as its clear cut) but the other is for failing to produce documents, so does she go guilty to this as she didn't produce but she didn't get anything to tell her to do so as she had moved, or not guilty for the same reason ?

Also is there any merit in going guilty by post on both to save going to court etc... would it be a huge fine ?

Thanks in advance to anyone who can help.

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Also worth noting that my girlfriend is Polish so has a Polish licence only, not a UK one.

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So is this caught speeding by a policeman and also ordered by the policeman to produce documents?

How did she get caught/told to produce?

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Do the police still issue 'producers' at the roadside ? Or is the failing to produce offence because she ignored the original speeding ticket, which she had no knowledge of ?

 

If the latter is the case, she shouldn't be charged with ignoring something that the court now accept she couldn't possibly have dealt with. I would plead not guilty.

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The speeding offence, which as you say, she's going to plead guilty on, may however throw up another (slight) problem.

 

The Magistrates won't be able to add points to her Polish licence.

 

So she'll either be asked to apply for an exchange licence, so that they can add the points (although this might cause the reverse problem if she drives in Poland often, as she'd then have a UK licence that Polish courts couldn't deal with (catch 22 anyone)). Or the DVLA will create what's called 'a ghost record' for her, where she'd be issued with a UK Driver number (that the points get added to) but she wouldn't have to exchange her Polish licence for a UK licence.

 

The latter option, which is the most likely, is purely administrative, but it's another headache and complicates matters slightly. And the Magistrates don't like complicated things.

 

Ideally, when she goes to court, she needs to speak to the Court clerk (even better if she can talk to the Magistrates Clerk), so that the Magistrates clerk is made aware beforehand and can advise the Magistrates accordingly. thumbup.gif


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How long has she been a resident of the UK?


Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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How long has she been a resident of the UK?

 

I know what you're thinking, but that's for non EU licences. EU licence holders can retain their driving licence from their original country and live permanently in the UK and continue to drive legally in the UK until they are 70 (or the licence expires).


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PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

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thanks for the replays, she was caught on a fixed camera, she has lived here for three years but travels back to Poland often to see and look after her mother.

Thanks once again for any help or guidance you can give.

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Are you sure the second offence is failure to produce documents? It sounds more likely that it would be failure to provide driver details,as the original NIP would have come with a requirement to name the driver at the time of the offence, which she never replied to.

 

If so she should certainly NOT plead guilty to both. Speeding will get her 3 points and a small fine (assuming she won't a long way over the limit) but failure to name the driver will be 6 points and a much larger fine. Failure to name the driver would also have a much nastier impact on her future insurance premiums - it makes insurers wonder what you did that was so terrible that 6 points and £500 seemed like a better option than owning up to it. Rather get to court early, ask to speak to the prosecutor and offer to plead guilty to speeding if failure to provide is dropped. Most prosecutors will agree to this., and she should be punished only for the original speeding offence.

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Are you sure the second offence is failure to produce documents? It sounds more likely that it would be failure to provide driver details,as the original NIP would have come with a requirement to name the driver at the time of the offence, which she never replied to.

 

If so she should certainly NOT plead guilty to both. Speeding will get her 3 points and a small fine (assuming she won't a long way over the limit) but failure to name the driver will be 6 points and a much larger fine. Failure to name the driver would also have a much nastier impact on her future insurance premiums - it makes insurers wonder what you did that was so terrible that 6 points and £500 seemed like a better option than owning up to it. Rather get to court early, ask to speak to the prosecutor and offer to plead guilty to speeding if failure to provide is dropped. Most prosecutors will agree to this., and she should be punished only for the original speeding offence.

 

Sorry yes its failure to provide driver details

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As suggested your gf doesn't need to convert her license.

They will issue her a virtual UK driving license number and put the points on that.

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