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Lost driving licence that was due to expire

Lost driving licence that was due to expire

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Old Jul 25th 2013, 2:38 am
  #16  
 
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Default Re: Lost driving licence that was due to expire

Originally Posted by EMR
I have just read my UK licence,
Section 5. Changes to Name, Permanent address and Health.
You must notify the DVLA of any change in your permanent UK address.
The license both parts must be returned to the DVLA.

The important bit
FAILURE TO NOTIFY ANY CHANGES AS DESCRIBED ABOVE IS A CRIMINAL OFFENCE AND PUNISHABLE BY A FINE UP TO £1000.

There will probably be thousands of expats with no UK address still holding UK licenses.
Good money for the DVLA if it wanted to check up, but then they would not have an adress to send the fine to.
Wrong!

The DVLA accept that if you move abroad then the address on your licence will be invalid and that's OK by them and conforms to EU law.

I suggest you take the time to read the Sticky on driving licences at the top of the forum before you start suggesting that people will be fined for having an old UK address on their UK licence.
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Old Jul 25th 2013, 2:47 am
  #17  
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Default Re: Lost driving licence that was due to expire

Originally Posted by Mitzyboy
If you are permanently residing in another country then you are not resident in the UK. Of course people can tell porkies all they like, but when you sign the forms for the DVLA you are stating in that form that you are a permanent UK resident. To sign it as a UK resident when you are not would be a misdeclaration

Also, if he had lived in Spain for 8 years then he was a tax resident in Spain ... not the UK, so thats another point against him presumably

So ... the only way you can (as Fred said) apply for a replacement licence, or even change the address on your licence, is by being a UK permanent resident
Mitz HI

I am finally coming in Oct 1st, we done the deposit,

Just explaining how my friends barrister put it to him. He had never applied for residency in Spain as many others don't so therefore he was liable to be sued as legally he would still have been a UK resident, maybe a different legal firm could have fought it better for him.

It was at the high court so they must have some way of dealing with those of NFA in the UK

Hopefully I will learn from this experience myself
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Old Jul 25th 2013, 2:48 am
  #18  
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Default Re: Lost driving licence that was due to expire

Sorry Fred , I have just read what is on my driving license.
Is the information on it wrong then ?
I did not make it up.
Anyone with a UK license can see the same information.
As for suggesting as some have that you falsify the information you give DVLA, well enough said.
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Old Jul 25th 2013, 2:54 am
  #19  
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Default Re: Lost driving licence that was due to expire

Originally Posted by EMR
Sorry Fred , I have just read what is on my driving license.
Is the information on it wrong then ?
I did not make it up.
Anyone with a UK license can see the same information.
As for suggesting as some have that you falsify the information you give DVLA, well enough said.
Lot's of people do, and lot's a people continue to claim benefits, illegally, from the UK while living in other countries. The only correct way to deal with it is to ensure that you are legal in the country you are living in, i.e. acquire residency, register for, and pay, any taxes. Stop using that UK plated car, get it matriculated, change your DL. Use the health service in the country you live in, get an EHIC card and travel insurance to travel abroad, that includes the UK as the UK is abroad for you.
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Old Jul 25th 2013, 2:56 am
  #20  
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Default Re: Lost driving licence that was due to expire

Originally Posted by andyrich666
Mitz HI

I am finally coming in Oct 1st, we done the deposit,

Just explaining how my friends barrister put it to him. He had never applied for residency in Spain as many others don't so therefore he was liable to be sued as legally he would still have been a UK resident, maybe a different legal firm could have fought it better for him.

It was at the high court so they must have some way of dealing with those of NFA in the UK

Hopefully I will learn from this experience myself
Well done, good to hear it ... good luck

Thats wierd really, because the barrister was recommending he break the rules in another country to further his situation? You are required to register within 90 days in Spain.
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Old Jul 25th 2013, 2:57 am
  #21  
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Default Re: Lost driving licence that was due to expire

I have just looked at the " sticky " I cannot see any link to the DVLA on it.
If you have it please post it again.
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Old Jul 25th 2013, 3:11 am
  #22  
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Default Re: Lost driving licence that was due to expire

Originally Posted by EMR
I have just looked at the " sticky " I cannot see any link to the DVLA on it.
If you have it please post it again.

I cant face the DVLA site, but I have read it on a number of occasions, and at one point it was also on the UKinSpain web site
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Old Jul 25th 2013, 3:21 am
  #23  
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Default Re: Lost driving licence that was due to expire

In connection with my earlier post, when I previously had booked a hire car and spoke to one of the car hire reps to make sure everything would be ok(because of problems in the past with my UK licence) prior to flying out, despite me explaining the situation and that my UK licence was still valid she insisted that I was driving illegally and that she could have the transport police there when I flew in to explain the fact, because of that I emailed DVLA and got this reply:


Thank you for your email received on 14/12/12. Your email reference number is *******.
I regret that we are unable to issue a British driving licence showing an address outside of England, Scotland or Wales.
Drivers who take up residence in another European Community/European Economic Area (EEC /EEA) country no longer have to exchange their driving licence, but may continue to drive using their own national licence for as long as it remains valid.
You should, however, check with the appropriate driving licence authorities where you are now resident for information on any conditions that the host member state may stipulate.
National licences may only carry an address from the country which issued that licence.
We are therefore unable to re-issue your British licence with an overseas address.
It is accepted that drivers who move to another part of the EC/EEA could be holding a licence showing an incorrect address.
This is permissible under the terms of the EC Directive on Driving Licences.
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Old Jul 25th 2013, 3:46 am
  #24  
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Default Re: Lost driving licence that was due to expire

Originally Posted by andyrich666
Mitz HI

I am finally coming in Oct 1st, we done the deposit,

Just explaining how my friends barrister put it to him. He had never applied for residency in Spain as many others don't so therefore he was liable to be sued as legally he would still have been a UK resident, maybe a different legal firm could have fought it better for him.

It was at the high court so they must have some way of dealing with those of NFA in the UK

Hopefully I will learn from this experience myself

Your barrister is simply wrong.

You do not APPLY for residency if you are an EU national. The only legal obligation is to sign on the list of foreigners. By the very fact of you being here more than 90 days you are deemed resident and then after 182 days in a calendar year you are deemed tax resident - whether you sign the foreigners list or not.

[I know there can be some nuances to this but these are the basic facts for most of us!]
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Old Jul 25th 2013, 3:55 am
  #25  
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Default Re: Lost driving licence that was due to expire

Originally Posted by snikpoh
Your barrister is simply wrong.

You do not APPLY for residency if you are an EU national. The only legal obligation is to sign on the list of foreigners. By the very fact of you being here more than 90 days you are deemed resident and then after 182 days in a calendar year you are deemed tax resident - whether you sign the foreigners list or not.

[I know there can be some nuances to this but these are the basic facts for most of us!]
Not my barrister, I would have hired a better one, just passing on what has happened, the High court deemed he was still a UK resident, I can try and find some more info from my friend if it helps.

Personally I agree with you which is why I believe Criminals are extradited, but for a civil offence it seems not the case.
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Old Jul 25th 2013, 4:39 am
  #26  
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Default Re: Lost driving licence that was due to expire

Originally Posted by Richie1892
In connection with my earlier post, when I previously had booked a hire car and spoke to one of the car hire reps to make sure everything would be ok(because of problems in the past with my UK licence) prior to flying out, despite me explaining the situation and that my UK licence was still valid she insisted that I was driving illegally and that she could have the transport police there when I flew in to explain the fact, because of that I emailed DVLA and got this reply:


Thank you for your email received on 14/12/12. Your email reference number is *******.
I regret that we are unable to issue a British driving licence showing an address outside of England, Scotland or Wales.
Drivers who take up residence in another European Community/European Economic Area (EEC /EEA) country no longer have to exchange their driving licence, but may continue to drive using their own national licence for as long as it remains valid.
You should, however, check with the appropriate driving licence authorities where you are now resident for information on any conditions that the host member state may stipulate.
National licences may only carry an address from the country which issued that licence.
We are therefore unable to re-issue your British licence with an overseas address.
It is accepted that drivers who move to another part of the EC/EEA could be holding a licence showing an incorrect address.
This is permissible under the terms of the EC Directive on Driving Licences.

This will be of interest to EMR
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Old Jul 25th 2013, 4:45 am
  #27  
 
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Default Re: Lost driving licence that was due to expire

Originally Posted by Richie1892

It is accepted that drivers who move to another part of the EC/EEA could be holding a licence showing an incorrect address.
This is permissible under the terms of the EC Directive on Driving Licences.
Originally Posted by Mitzyboy
This will be of interest to EMR
Which is exactly what it says in the sticky.

You won't find it on the DVLA site but if you email them that is exactly what they will advise you.
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Old Jul 25th 2013, 4:50 am
  #28  
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Default Re: Lost driving licence that was due to expire

Originally Posted by Fred James
If you are resident in Spain then clearly you are not a resident of the UK.

When you apply for a replacement licence they require details of where you have lived for the last 3 years.

Of course you can lie, in which case you are breaking the law.

The DVLA have access to HMRC and DWP data so it would be easy for them to check.
Well they didn't do last year. I did the online lost licence form fill out, paid my fee by UK credit card and the replacement popped up at my inlaws (last UK registered address) 3 days later. I was resident in Australia at the time, had declared myself non resident for tax purposes a good 3 years before that so I was on HMRCs radar. Maybe they have the power to check with HMRC etc but there was nothing on the form to disclose my address for the last 3 years and I had only been registered at the inlaws for 6 months.
It may be illegal but as we flip flop around the world a lot I would be forever changing licences. On the scale of law breaking I don't think its that bad really is it.
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Old Jul 25th 2013, 6:24 am
  #29  
 
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Default Re: Lost driving licence that was due to expire

I don't think there is a problem if you previously used an address that you still have contact with such as your in-laws.

The problem seems to be if you have moved from the last registered address.

I don't see how you can get them to send the licence to a new address that you didn't inform them of as that in itself is a breach of the law with a £1000 fine.

It's a lot simpler just to exchange a UK licence for a Spanish one before it runs out.

This has been covered ad nauseam before but I cannot see the advantage of hanging onto a UK licence when you are resident in Spain.
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Old Jul 25th 2013, 6:30 am
  #30  
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Default Re: Lost driving licence that was due to expire

If you get pulled by UK plod, you give your current address as you would have to, sometimes I would choose the address on the licence but sometimes you cant, so whatever is on the licence is ignored and they automatically inform the DVLA of the change, I will just put this in as some people might benefit from it.

I guess the reason people hang on to a UK licence is that it can not be endorsed no matter what anyone says, I had a issue this summer and they cant do jack, and they don't inform the DVLA,

Andy
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