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18/05/2008, 17:34 Russethouse Joined on 23/08/2004 Forum Moderator Posts 10,136 Re: Please help.......insurance quandry Which court is it Opas ? PM me if you like. www.quimperclub.org 99    Report

18/05/2008, 18:24 Ole Git Joined on 19/03/2008 Perpignan Posts 16 Re: Please help.......insurance quandry  Boiling a frog wrote: My sympathy for the OP has now somewhat diminished following the revalation that the husband appears to have resisted arrest and that an assistance call by the original officer resulted in 6 police cars turning up. I am afraid that I can never find any justification for resisting arrest and neither can the courts Resisted Arrest!! For What??? Opas's Husband on the given Facts has done what wrong? He was returning to his home in France, which is his fixed address so if he had committed a RT Offence a summons would have been adequate. His Temporary address would have been  the  Cab of  Tractor unit XXXXXX in various lay byes or Lorry  Parks, he most probably told Plod this this, but Plods like call centre staff  only understand what is on their  check list, outside the Box is out side their Plod world. He would quite rightly be P off if a Jobsworth TD Copper started telling him he was wrong when clearly he was not. Resisting Arrest will always be used to justify a bad  stop. As he had not been resident within the UK for six months plus he would not need UK Registration / Insurance/ Car Tax on his Car irrespective of his reasons for being in the UK. The UK is now the most repressive police state within most of the World, even the States and Ex Soviet states have more freedom than the UK. To all the posters who were in the Job, Forget your past  UK Police experience, It does not matter whether your were Deputy Commissioner/ DCI a Skipper or a lowly PC  Today Police are not the same as you were Today it is Politically and points driven. . Opus's husband is worth more points than a Rapist, Murderer or Civil dispute;  they are the realities in Todays Britain. Many posters have given Opas Good advice and Moral support but a few !!!!!!!! Let them not criticise next time it could well be your Student Son/ Grandson/ Niece who has gone over the the UK to earn  some  money, or even your wife or husband  like Opas then we will see all the Pious  comments in that case.    Report

18/05/2008, 19:07 ErnieY Joined on 05/12/2006 W of Cahors (46) Posts 4,148 Re: Please help.......insurance quandry Leaving aside any talk of resisting arrest or non co-operation it seems to me that what has occured is simply the result of ignorance and overzealousness on the part of the UK police. I can't imagine that your average UK traffic cop has any greater knowledge or understanding of these issues than his equivalent flic in France. From what you've said it seems that the question (in the police's eyes that is) of Mr O's residency is what's got him into this situation and is what will get him out and I think there might be a very simple way of establishing this. If he is in receipt of an E106 a phone call either to DWP or HMRC (depending on which department issued it) quoting his NI number should give an instant and definitive answer. Coming from the police or a solicitor should be enought to bypass the dreaded and much abused Data Protection Act. Good luck and keep your spirits up. I know it's natural to worry but Mr O is not in an danger and I'm sure will soon be liberated and you'll both be having a good laugh about it.     My doctor said one drink per day, I can live with that !    Report

18/05/2008, 19:11 Boiling a frog Joined on 06/09/2004 Charente 16 Posts 650 Re: Please help.......insurance quandry I bet you feel better after that rant based not on law but on your obvious lack of knowledge. If the police officer believed that the person was driving without insurance then that officer has the power to seize the vehicle. (Serious Organised Crime and Police Act 2005 (c. 15) Section 152) After all it would not make much sense to allow someone to continue to drive if it was believed  they have no insurance. The person does not have an address in the UK so a summons could hardy be sent. If the person refuses to cooperate then the police have no other option but to arrest and therefore if he resists it is an offence.         Boiling a frog    Report

18/05/2008, 19:27 ErnieY Joined on 05/12/2006 W of Cahors (46) Posts 4,148 Re: Please help.......insurance quandry  Ole Git wrote: He was returning to his home in France, which is his fixed address so if he had committed a RT Offence a summons would have been adequate. His Temporary address would have been  the  Cab of  Tractor unit XXXXXX in various lay byes or Lorry  Parks, he most probably told Plod this this, but Plods like call centre staff  only understand what is on their  check list, outside the Box is out side their Plod world. I think you're way off base here OG If the police suspect an offence has been commited (traffic or otherwise) then if the suspect, be he/she of British or whatever nationality, cannot provide a verifiable UK address then he/she is liable to immediate arrest and detention to be brought before a court at the earliest opportunity. It happens all the time when for instance foreign lorry drivers are involved in accident etc. Having said that I watched one of those Road Wars programmes on TV just last night where a French registered car (coincidence) was pulled up for having too many occupants and it turned out the driver was Rumanian yet all the officers who stopped him were interested in was preventing him from continung to drive with so many people in the car ! My doctor said one drink per day, I can live with that !    Report

18/05/2008, 19:45 RicandJo Joined on 24/09/2007 Carcassonne / Milano Posts 161 Re: Please help.......insurance quandry I know of a stock of 'free Dierdre' T-shirts. Shouldn't be too hard to doctor them........    Report

18/05/2008, 19:53 RicandJo Joined on 24/09/2007 Carcassonne / Milano Posts 161 Re: Please help.......insurance quandry Joking aside I wish your OH good luck for the morning.  I'm sure a magistrate with half a clue will sort this out.      Report

18/05/2008, 20:46 opas Joined on 23/08/2004 catalonia, top of the hill en route to the Chateau Posts 2,199 Re: Please help.......insurance quandry can I thank all the people who have sent me their best wishes and some very good advice. I shall post the true outcome when it happens, a lot of it is hearsay, ie the duty seargent tells me he is there for insurance related matters, so I have to beleive the police don`t I?    Report

18/05/2008, 21:00 opas Joined on 23/08/2004 catalonia, top of the hill en route to the Chateau Posts 2,199 Re: Please help.......insurance quandry  ErnieY wrote: Leaving aside any talk of resisting arrest or non co-operation it seems to me that what has occured is simply the result of ignorance and overzealousness on the part of the UK police. I can't imagine that your average UK traffic cop has any greater knowledge or understanding of these issues than his equivalent flic in France. From what you've said it seems that the question (in the police's eyes that is) of Mr O's residency is what's got him into this situation and is what will get him out and I think there might be a very simple way of establishing this. If he is in receipt of an E106 a phone call either to DWP or HMRC (depending on which department issued it) quoting his NI number should give an instant and definitive answer. Coming from the police or a solicitor should be enought to bypass the dreaded and much abused Data Protection Act. Good luck and keep your spirits up. I know it's natural to worry but Mr O is not in an danger and I'm sure will soon be liberated and you'll both be having a good laugh about it. Do you know you are so right on that first point, we have a brit holiday home en face, he is a copper...not a beat bobby but a plain clothes one, he has not got a clue what is right and wrong as far as bringing a car to France( permanently_) so I assume he does not know the law in vice versa. And if our police in France knew the regs there would be a few less brit cars permanently driving around wouldn`t there! No E106 that ran out a couple of years ago, he would be able to quote his NI number, as he obviously pays tax on the dosh he went to earn.....bank accounts would also quantify where he lives ..........as would our neighbours, they comment often enough that he has a great life only going away to work for a month a few times per year!!!!!!!!!!    Report

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France Forum » Living » Driving » Please help.......insurance quandry

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