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Notice of Intended Prosecution - Visitor

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Hi all

 

I'm new to the forum. I seem to have an unusual situation.

 

My father in law (visitor non EU, with a non EU or UK license) was caught doing 36mph in a 30mph road, we received a Notice of Intended Prosecution some days ago.

 

He's on a visitor visa only, i was able to add him to my own insurance so at least he was covered when the offence happened.

 

The car is registered in my wife's name, she's not a driver though. The Police's letter came addressed to her (obviously)

 

Not sure what to expect in this case. Certainly they can't take points off his license as it is not a UK one. The letter received by the police is requesting us to name the driver of the vehicle during the offence.

 

He was planning to leave the county soon anyway, what would happen in this scenario?

 

Has anyone experienced something like this before? I was trying to search online, but seems the case is mostly applicable for drivers that have already returned home, and most were driving hired cars.

 

Thanks in advance for any inputs / comments / suggestions.

 

Regards

Edited by DragonFly1967
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Tell them the truth. He was driving. Which country is he resident of


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Tell them. It says to name the driver and address. That I all your required to do in law.

It matters not that the police wont be able to endorse his licence.

Many European truck drivers get away with speeding tickets everyday because they cannot be forced to pay

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Many European truck drivers get away with speeding tickets everyday because they cannot be forced to pay

 

That's partially true. If they're stopped by officers they can face an on the spot fine (which is higher as they're not given points). Camera offences are almost impossible to deal with though.


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Thanks for your comments

He's actually from Ukraine, and doesn't speak much English (so the speed awareness course won't work for him)

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well, by the time they sort out the mess he will be back home and it will all be forgotten about unless he applies for a UK driving licence.

make sure you use the Ukraine address and not yours. Nowt to do with you once you have supplied the info

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Thanks, good idea, actually didn't think about that.

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And the fact that you put him on your insurance give's you a paper trail.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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If the Court awards points,n they will appear on his UK ghost licence that will be created in his name.

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That's partially true. If they're stopped by officers they can face an on the spot fine (which is higher as they're not given points).

 

Where on Earth did you get that idea? Perhaps you could point me to the relevant legislation because it’s a new one on me.

 

well, by the time they sort out the mess he will be back home and it will all be forgotten about unless he applies for a UK driving licence.

 

Be prepared for a little more than that. The police are naturally suspicious when a foreign national is named as the driver at the time of a speeding offence. They may make further enquiries and their first port of call is insurance for the nominated driver.

Make sure you keep the evidence that you had arranged cover for him as you may be asked to provide it. If you fail too do so you may find they charge your wife with "Permitting a vehicle to be driven without insurance".

 

The letter received by the police is requesting us to name the driver of the vehicle during the offence.

 

Finally, it is not te pair of you being asked. It is solely your wife and she must complete the request, sign it and return it.

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Where on Earth did you get that idea? Perhaps you could point me to the relevant legislation because it’s a new one on me.

 

It's changed slightly since the last time I needed to read it, but the CPS Guidance can be found here.

 

https://www.cps.gov.uk/legal-guidance/road-traffic-offences-guidance-fixed-penalty-notices

 

I note that they're now referring to it as a "deposit", but it's basically a higher fine.


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PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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