Points on UK Licence

Hey everyone- I'm in a bit of a pickle and would really appreciate some advice. Here's the deal:

September 2003- Moved to UK
December 2003- Got caught by speed camera, wrote them a letter saying I didn't have a UK licence, etc...
August 2004- Passed UK Test- Got UK Licence (Yippee!)
January 2005- FINALLY got actual 'bill' for speeding violation.  Paid promptly. (Yes, I know- it took 13 months for the authorities to put the issue through the court, and finally find me guilty)
March 2005- Recieved letter from DVLA stating that since I had been found guilty of violation, my UK licence should be endorsed.

I am currently engaged in a letter writing battle back and forth with the DVLA.  They state that since I now have a UK licence, the points should go on my UK licence.  However, my arguement is that the day I was caught speeding I was driving on my US licence. 

Has anyone been in a similiar situation?  I truely doubt the DVLA is going to just agree to my arguement.  (I know what some of you must be thinking- take the 3 points and be done with it.  But its the principle.)

I am currently engaged in a letter writing battle back and forth with the DVLA.  They state that since I now have a UK licence, the points should go on my UK licence.  However, my arguement is that the day I was caught speeding I was driving on my US licence. 

That makes perfect sense to me, meggles. But then again, I'm not the nonsensical DVLA. I wish I had some words of wisdom for you. I always assumed that back when I was still driving on my US license, I was sort of "free" -- i.e., if I got caught by a speed camera, it would be a freebie in terms of points. They'll figure out a way to get you no matter what, won't they?

I espectially don't want the points because when I rang up the Gwent Police initially to ask them what to do, they told me that I would be getting a higher fine b/c points couldn't be put onto my licence.

I really don't want to go and ask a lawyer this question, but I don't know where else to go for advice.

I'm sorry you're feeling hard done by, but the DVLA's action is reasonable. Of course you're free to take legal advice, but I suggest you take the points.

So that I can better understand the DVLA's argument, can you explain why you think it's resonable?

If an actual police officer had pulled me over and issued me a ticket on that day, I could only have shown him/her my US licence. 

I espectially don't want the points because when I rang up the Gwent Police initially to ask them what to do, they told me that I would be getting a higher fine b/c points couldn't be put onto my licence.

I really don't want to go and ask a lawyer this question, but I don't know where else to go for advice.

I'm the proud new recipient of a UK license myself -  congratulations!

Regarding your points, was this a matter you could have resolved by paying a fine back when you initially received the letter & rang the police up? Might it have been easier to just pay the fine? I realize hindsight is sweet, but it unfortunately seems from what you've said that you were speeding,  got caught but because you were still driving on your US license, expected to not have to deal with it.  I also think it is reasonable for the DVLA to take action because while driving in the UK on my US license we're still required to obey the UK rules of the road. **

**ok- damage control hehe I modified to say that I'm really not having a go at you- I realize that my last statement could be taken a bit as preachy  When asking about whether or not you could just have paid it right away, I meant to ask how you found out that the speed camera caught you and if there was an option at *that* point to pay.

I also think it is reasonable for the DVLA to take action because while driving in the UK on my US license we're still required to obey the UK rules of the road.

I agree with you, jennydee, but I still don't really understand the issue of the points. Yes, meggles should have had to pay a fine, but I don't see why she should have points put on a license that she didn't even possess at the time. If she had been a visiting US citizen, driving on a US license, there would be nowhere for the point to have gone either. It's the same deal, really. She didn't have a UK license at the time she broke the rules of the road. A fine, yes. But points? I still don't get it. Am I just being dense here? What if you visited the UK for a vacation and got caught by a speed camera. Then, five years later, moved here permanently and got a UK license. Would they then STILL give you points?

So that I can better understand the DVLA's argument, can you explain why you think it's resonable?

If an actual police officer had pulled me over and issued me a ticket on that day, I could only have shown him/her my US licence. 

Because you can't get off scot just because you were on a foreign license at the time.  Points stay on your license for a fixed period of time and if you get your GB licence within that time frame it only makes sense that they would endorse it. 

Because you can't get off scot just because you were on a foreign license at the time. Points stay on your license for a fixed period of time and if you get your GB licence within that time frame it only makes sense that they would endorse it.

What she said!

I also think it is reasonable for the DVLA to take action because while driving in the UK on my US license we're still required to obey the UK rules of the road.

Exactly right. 1 Meggles, you were found guilty of speeding + 2 You have a UK drivers licence = three points on your licence.

I hope this helps your understanding.

PS it is not the DVLA you should be arguing with, it's the court which found you guilty. The DVLA is just enforcing the mandatory punishment.  You would have had to argued to the court that you were not guilty of speeding because you were on a US license.

You would have had to argued to the court that you were not guilty of speeding because you were on a US license.

I don't think the argument is that meggles wasn't guilty of speeding. The way I'm reading this, she's perfectly willing to accept that she was speeding and to pay the fine set by the courts or DVLA or whoever does that.

The issue is that how can you apply points to a license for an infraction that was committed when the license in question did not even exist?

Oy, my head hurts!   

When I first got the violation letter in December 2003, I asked to pay it right away.  They said that because I had a US licence the matter would have to be referred to the court system.  It took 13 months to then pass to the courts, and the courts to issue the guilty verdict, and issue the fine.  

I'm not trying to shrink away from taking responsibility.  I admitted guilt, paid the fine.  If I had been driving on my UK licence at the time I would have taken the points without a fuss.  

It's the fact that on the day of the violation I was not in possession of a UK licence.  How can a violation predate the issue of my UK licence?  

I don't think the argument is that meggles wasn't guilty of speeding. The way I'm reading this, she's perfectly willing to accept that she was speeding and to pay the fine set by the courts or DVLA or whoever does that.

The issue is that how can you apply points to a license for an infraction that was committed when the license in question did not even exist?

Oy, my head hurts!   

what I'm saying is the DVLA has no power to change this - the punishment is mandatory once the court has found her guilty so the only way not to get the punishemnt is to be found not guilty.

When I first got the violation letter in December 2003, I asked to pay it right away.  They said that because I had a US licence the matter would have to be referred to the court system.  It took 13 months to then pass to the courts, and the courts to issue the guilty verdict, and issue the fine. 

I'm not trying to shrink away from taking responsibility.  I admitted guilt, paid the fine.  If I had been driving on my UK licence at the time I would have taken the points without a fuss. 

It's the fact that on the day of the violation I was not in possession of a UK licence.  How can a violation predate the issue of my UK licence? 

Look at it this way: if you run over and kill someone while on your US licence, should your new UK licence be free of endorsement? or should it be taken away so you can't run over anyone else?  Same principle.