Nolly
Guest
misinterpretation by British police and DVLA of "6 months in 12" European law.
A British ex-patriate, whose Spanish-registered vehicle was unlawfully impounded by the Northamptonshire Police, has won the backing of the European Commission and forced the UK authorities to issue new guidelines to the DVLA and British police forces.
Peter West, who lives in Spain in the winter and in Puntous ( département des Hautes Pyrénées ) in the summer, visited the UK in his Spanish car for three weeks in July 2008 and then returned to Northampton, where his daughter lives, in February 2009 for the birth of his first grandchild.
However, the visit was marred when the Northamptonshire Police impounded his car, on the grounds that he had exceeded the permitted stay for a foreign registered vehicle, the so-called "six-months-in twelve" rule.
When Mr. West pointed out that, in total, his vehicle, which was fully-taxed and insured, had been in the country for only nine weeks, the police claimed that a European law, directive 83/182/EEC, stated that the car's return to Spain the previous year was irrelevant as "once a vehicle enters the country, a six month clock starts, with no breaks, even if the vehicle returns to its country of origin."
Mr. West refused to pay the £420 the Northamptonshire Police had demanded, arguing that this new interpretation of a thirty-year-old law, which had originally been introduced to make European motoring easier, was nonsense and would make more than one visit a year by expatriates to their families, as well as other regular visitors, almost impossible. After several days of argument, he was reunited with his vehicle.
Mr. West said : "I found out that other visitors from Europe, who had a limited understanding of English, had been caught in this trap. I therefore decided that I needed to follow this up to prevent other innocent expatriates and European visitors from being caught in what seemed to be a scam."
Letters to the Northamptonshire Police and the Driver & Vehicle Licensing Agency ( DVLA ) were met with a barrage of misrepresentation and evasion, leading Mr. West to take his case to the European Commission. After eighteen months, he has now received confirmation that the UK authorities accept that "only the time that a visiting vehicle actually spends in the United Kingdom is actually included in the calculation of establishing the six-months-in twelve period" and have agreed to "refresh" the operational guidelines issued to the DVLA's operational partners, the police.
"This has been very difficult for me." said Peter West. "Watching your car being loaded onto a pick-up truck by a policeman is a traumatic experience. I have not driven back since my car was taken, which means I have spent much less time with my family than I would have liked."
"There is too much bullying of ordinary people by U.K. government departments, including the police, who think they are above the Law. On this occasion I am happy that I have been able to strike a blow for the man in the street and, especially, for law-abiding expatriates who want to visit their families a couple of times a year."
" All that remains is for the Northamptonshire Police and the DVLA to apologise. But I shall not be holding my breath !"
Just read this artical from "Lost in France" Website.
Regards Nolly.
A British ex-patriate, whose Spanish-registered vehicle was unlawfully impounded by the Northamptonshire Police, has won the backing of the European Commission and forced the UK authorities to issue new guidelines to the DVLA and British police forces.
Peter West, who lives in Spain in the winter and in Puntous ( département des Hautes Pyrénées ) in the summer, visited the UK in his Spanish car for three weeks in July 2008 and then returned to Northampton, where his daughter lives, in February 2009 for the birth of his first grandchild.
However, the visit was marred when the Northamptonshire Police impounded his car, on the grounds that he had exceeded the permitted stay for a foreign registered vehicle, the so-called "six-months-in twelve" rule.
When Mr. West pointed out that, in total, his vehicle, which was fully-taxed and insured, had been in the country for only nine weeks, the police claimed that a European law, directive 83/182/EEC, stated that the car's return to Spain the previous year was irrelevant as "once a vehicle enters the country, a six month clock starts, with no breaks, even if the vehicle returns to its country of origin."
Mr. West refused to pay the £420 the Northamptonshire Police had demanded, arguing that this new interpretation of a thirty-year-old law, which had originally been introduced to make European motoring easier, was nonsense and would make more than one visit a year by expatriates to their families, as well as other regular visitors, almost impossible. After several days of argument, he was reunited with his vehicle.
Mr. West said : "I found out that other visitors from Europe, who had a limited understanding of English, had been caught in this trap. I therefore decided that I needed to follow this up to prevent other innocent expatriates and European visitors from being caught in what seemed to be a scam."
Letters to the Northamptonshire Police and the Driver & Vehicle Licensing Agency ( DVLA ) were met with a barrage of misrepresentation and evasion, leading Mr. West to take his case to the European Commission. After eighteen months, he has now received confirmation that the UK authorities accept that "only the time that a visiting vehicle actually spends in the United Kingdom is actually included in the calculation of establishing the six-months-in twelve period" and have agreed to "refresh" the operational guidelines issued to the DVLA's operational partners, the police.
"This has been very difficult for me." said Peter West. "Watching your car being loaded onto a pick-up truck by a policeman is a traumatic experience. I have not driven back since my car was taken, which means I have spent much less time with my family than I would have liked."
"There is too much bullying of ordinary people by U.K. government departments, including the police, who think they are above the Law. On this occasion I am happy that I have been able to strike a blow for the man in the street and, especially, for law-abiding expatriates who want to visit their families a couple of times a year."
" All that remains is for the Northamptonshire Police and the DVLA to apologise. But I shall not be holding my breath !"
Just read this artical from "Lost in France" Website.
Regards Nolly.
