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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64716
Experience:  Over 5 years in practice.
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Yesterday I was reported by a member of the public for using

Resolved Question:

Yesterday I was reported by a member of the public for using the mobile phone while driving and subsequently stopped by the police. I admitted to the offence to the police officers who took my car registration, address and driving licence details (I have a full EU licence, my car is registered in the UK). They said it may go to court but haven't given me any penalty notice or document. Today I called the police and the lady said that there are no notes in the computer under my car's registration.

My questions are: 1. what's the process for someone like me with an non GB licence? Will I get a letter from the police / summon to appear in court?

2. Given that the offence occurred around 8.30pm last night and there doesn't seem to be anything in the police computer around 2.00 pm the following day, did the police officers potentially decided to leave it with just a warning?

Thanks for your feedback
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

How long have you been driving here?
Customer: replied 1 year ago.

with my on UK registered car since 2002. I have 10 year no claims bonus, never had any points before

Customer: replied 1 year ago.

I have the licence since 1987 in Germany. No offences there either

Expert:  Jo C. replied 1 year ago.
Thanks.

That obviously is too long then.

On your specific points.

1 They would normally give you a NIP. They may have done that verbally. You do seem to be describing a verbal NIP although depends what was actually said. Then they would have given you written notification and then a summons to court. They cannot use the FPN because you have no UK licence. They do have six months to issue though I'm afraid.

2 Its diffiulct to say. It is certainly possible that they have abandoned the issue prosecution. The fact that its not yet on the system does not confirm it yet though.

Can I help further?

Jo
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64716
Experience: Over 5 years in practice.
Jo C. and 5 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks - that's very helpful! Just one last question. What are you referring to in your first sentence " That obviously is too long then"?

Expert:  Jo C. replied 1 year ago.
You can drive on the licences of member states for a certain period of time in the UK from your date of residency but obviously not this long.
Customer: replied 1 year ago.

oh gosh - what's the penalty for this one then?

Expert:  Jo C. replied 1 year ago.
It depends what type of licence you have exactly.

If its just a licence from another member state then it should have been exchanged by now but thats just driving without a licence which would only carry 3 points and a fine.

They are not likely really to try to prosecute you for use of a mobile phone reported by a member of the public unless it was witnessed by an officer. There isn't a reason they couldn't but its not common.

Customer: replied 1 year ago.

Thanks - really helpful! Time for me to get a local solicitor to help get the license sorted. I will stop driving for the time being...

Expert:  Jo C. replied 1 year ago.
If you tell me what type of licence you have I can probably tell you whether you are OK to drive?
Customer: replied 1 year ago.

I actually have a full German licence for the following classes


 


BE, C1E, CE, MLT.


 


I am only driving passenger cars with less than 9 seats here for social and domestic use, and commuting. I never drove any commercial vehicle here in Britain.

Expert:  Jo C. replied 1 year ago.
Thanks.

And are you fully resident here? If so, from when?
Customer: replied 1 year ago.

Ordinary resident from 1998 - 2004 and then from July 2006 to date

Expert:  Jo C. replied 1 year ago.
Thanks.

It runs from the last date of residency which would be July 2006. You had until July 2009 to exchange it.

Its a simple matter of exchanging it now though.

The police actually might not prosecute that. They have to prove your date of residency which is always onerous for them.

Just exchange it now and the chances are this will come to nothing.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64716
Experience: Over 5 years in practice.
Jo C. and 5 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks - very clear and very helpful! One very last question: Can I continue driving while I exchange or is it advisable in my case not to until I have the UK licence?

Expert:  Jo C. replied 1 year ago.
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