Question for the panel?

[sidepod]

”A friend” picked up a speeding fine in Austria which landed on the doormat.

He’s wondering if he could get away with just binning it?

 

[cundf]

Austria is very strict with speeding fines.
Not a good idea I think!

 

[Sad]

I too would pay it:

https://vwcaliforniaclub.com/threads/german-speeding-fine.25441/

 

[westfalia]

”A friend”

Lol.
There´s a good chance that if it isn´t paid it would get passed
on to a collecting agency in Blighty.
How much is it, and how fast were you clocked at.

 

[soulstyledevon]

I personally wouldn’t pay...
It’s been argued before.
Each to their own.

 

[larrylamb]

@Amarillo had the same experience I think on return from his trip.
https://vwcaliforniaclub.com/threads/german-speeding-fine.25441/

 

[Amarillo]

Pay it. One of the EU's better laws is that foreign nationals may not be treated any more favourably than nationals of the home country. This means than foreign nationals must be pursued equally vigorously as home nation nationals: no more free crossings of the Dartford Bridge for Germans, Poles or Finns. If not paid, the cost of recovery will be added to the fine, and the amount due can balloon.

=====
In May 2014, the European Court of Justice ruled that the legal basis of the Directive on Cross-Border Exchange of Information related to road safety 2011/82, which came into force in November 2013, was incorrect[2]. The European Court of Justice found that the measures proposed in the Directive do not concern ‘prevention of crime’ as defined under the police co-operation rules, but rather road safety, which is a transport issue. However, given the importance of the law for road safety, the ECJ said the current rules will stay in place while a new proposal is agreed. The Court has granted a one-year transition period, meaning the rules will remain in effect until May 2015.

Following the ruling a new Directive 2015/413 was adopted in March 2015 with a legal basis under the EU transport policy[3]. EU Member States must transpose the new legislation into their national law by May 2015 or risk facing EU infringement procedures. In the meantime the 2011/82 Directive remains in place at national law level until this is replaced by the newly transposed legislation. Three countries, UK, Ireland and Denmark have a later transposition deadline of May 2017.
=====
Naturally, on or around the May 2017 date, The Daily Wail, and others, made much fuss about foreign nationals evading electronic tolls in the UK, while British drivers were pursued for similar offences, without celebrating the good old common sense of European lawmakers in closing this loophole caused by modern collection methods, and that the delay was at the request of the British, Irish and Danish governments.

 

[Billy]

Your 'friend' committed the crime so he needs to just pay the fine!

 

[Velma's Dad]

There´s a good chance that if it isn´t paid it would get passed on to a collecting agency in Blighty.

Just to be clear, EU governments can't use debt collection agencies to chase speeding fines, as that would deny the driver the opportunity to properly question the charges (they can however use debt agencies to chase civil matters such as parking tickets**).

That doesn't mean they might not try to scare you with this. However a UK debt collection agency would not be in a position to instigate any collection action through the UK courts for an alleged criminal offence outside the UK.

**See: https://www.theaa.com/european-breakdown-cover/driving-in-europe/driving-offence-abroad

 

[Velma's Dad]

Your 'friend' committed the crime so he needs to just pay the fine!

No, he's not said that he committed the offence, only that he received a letter informing him of a fixed penalty fine for allegedly doing so.


My serious point here actually is that if a country wants to chase foreigners, after they have left the country, for alleged traffic offences, they must give the defendant a chance to defend themselves against the charge, as they would if they were a resident.

In practice I gather some motorists have been successful in having fixed penalties dropped by writing back and offering to come and have the matter heard in court, but asking for full travel costs to be awarded if they are found not guilty.

The above is neither legal advice nor moral observation!

 

[T6 CFO]

This is €30. If the offence was committed pay up and move on. I’m all for a fight but can’t see the point here.
Yes it may go away. Or it may grow into a problem.
Who needs that?


Mike

 

[WelshGas]

I presume the Vehicle was correctly identified in the letter/communication?

If so, and the vehicle was there then the only doubt would be who the driver was.

As there are No Points attached to this Fixed Charge, I would pay to avoid further problems.

 

[sidepod]

All sound advice. I’ll pass it on.

Turns out my pal was driving but the van, a Cali as it appens, is registered in his other half’s name

 

[soulstyledevon]

All sound advice. I’ll pass it on.

Turns out my pal was driving but the van, a Cali as it appens, is registered in his other half’s name

Haha.
I definitely wouldn’t worry then...

Find the nearest bin and forget all about it