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ESB

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Posts posted by ESB

  1. Hi pimpernel

    Please dont take my assertions as an answer, they are observations really.

    What I was attempting to do was simply illustrate that all may not be as clear cut as some people suggest. I have no intention of suggesting what SD has said is not correct, but only that there can be situations that don't easily fit the mould. There can in fact be certain situations where the rules of each country cause some problems between themselves. This area of law is aptly called 'Conflict of Laws' and not surprisingly it is something of a growth area.

  2. Quote "You can't legally be resident in two places as far as I know but of course you can claim to be"

    Residency is an issue which is becoming more complex, driven primarily by taxation issues. Rules of residency can relate to the  time spent in a country, domicile, nationality and centre of interests. Each one of these areas could in theory point to a different country of 'residence'. 

    The rules are essentially defined by each country. Thus it is possible to be resident in more than one country e.g. you spend more time in UK working than at home in France but wife and kids live in France. Your domicile is in France therefore French resident but your time in UK gives you fiscal residence (at the very least) in the UK and perhaps by having a business and other assets you could be resident through 'centre of interests' criteria.

    EDIT: Bob T I just saw your post.

    I think this is a very difficult issue in that if you are de facto reident of more thasn one country as above you may find that you need to register a car in eah country to comply with that country's rules as expanded by Sunday Driver.

  3. Bob T said
    But to have a UK MOT and tax, you must have UK insurance. If you read the small print then you will find that you need to be a UK resident for that. So you break two rules, the insurance company's and the French importation rules.

    Are you suggesting that you cannot satisfy the rules of UK residency at the same time as being a French Resident?

  4. HI Chris

    I am dealing with registration right now - to start with under Chambres de Commerce including entretien parcs et jardins (?). Did you actually register this with the Chambre de Metiers or was it terassement or some other variation. I am curious as when I mentioned by way of example some pool cleaning activity to the CC I was told I must go to CM. I am not actually worried about this as such as I have done the stage de gestion already.

     

  5. Just think of this:  if no Road Tax = invalidated insurance = no insurance = criminal offence, why have Govt infomercials and other promolgators of such information not spelled out to the driving public that this is in fact the case i.e. the basic laws concerning what is necessary to drive legally. 

    Here's a bit of the Govt website and again no mention of invalidated insurance - if it is the case why not let people know? Here's the link as well.

    http://www.direct.gov.uk/en/Motoring/OwningAVehicle/UntaxedVehicle/DG_4022059

    Edit :

     

    I am sorry but I have had to remove the text as it contravenes the terms of use of this government website *ref : http://www.direct.gov.uk/en/SiteInformation/DG_10015420).

     

    You can have links but you can't copy and paste it would seem. Sorry about that.
  6. [quote user="Maricopa"][quote user="ESB"]

     why no prosecutions for no insurance if no Road Tax?

    [/quote]

    Whilst not having done so since we moved out here last year, I always used to read the Court Round-up in our local rag (Portsmouth Evening News).  Whenever there was a prosecution for No Road Fund Licence, there was ALWAYS the additional prosecution for Driving Without Valid Insurance.

    [/quote]

    I have no answer for that though my experience as a criminal defence lawyer never included any prosecution directly linking the lack of Road Tax to invalidating an extant insurance policy.and I have dealt with what I thought were some super keen & thorough prosectors.

     I have dealt with a couple of cases where false declarations made getting the insurance by the 'defendant', brought to light on the back of other motoring offences, invalidated the insurance and led to a conviction. I think that is something to do with false declarations allowing the policy to be voided ab initio.

  7. Being a drunk driver causing an accident does not ivaliadte the legality of the insurance either, in my experience. Same principle I suppose. I am sure it would have other effects on how payments were made beyond the legal minimum.

    Aded after post with RH crossed:

    It may be academic or not but it seems to me many people who post here think that no Road Tax = uninsured.

  8. The Police  would check to see if you had insurance that was valid - no brainer really.

    But if the insurance is invalidted in such a way, why no prosecutions for no insurance if no Road Tax? I understand the MOT bit because it is a road safety issue but Road Tax is not.

    Are you absolutely sure no Road Tax means no payout?

  9. [quote user="Russethouse"]

    Given the facility of the police to check the insurance through the tax disc I think it is.

    [/quote]

    I was not talking about the ability to check if there is an insurance policy in force.

    Its more about assertions that no when a car has no Road Tax the car is then  'non road legal' and therefore and as a direct result of having  no Road Tax the insurance policy in force is no longer valid.

    I may have got the wrong end of the stick but it seemed that way to me. So is anyone actually suggesting that this is in fact the case? If not so then all the stuff about no Road Tax equals no insurance is not correct.

  10. Is it really the case that no Road Tax invalidates the compulsory insurance.

    If that is really the case why dont Road Tax evaders in the UK who are prosecuted, get prosecuted for no insurance at the same time on the basis that the insurance is de facto invalidated. In my experience this does not happen (or at least didn't happen up to 2005 when I was in the frame so to speak).

  11. Bit of a mystery how you got the DVLA info but I agree with the ease of getting French insurance on UK plated vehicles. Lots around here. However they do send reminders from time to time to the owners to get the vehicle French registered as it is supposed to be an interim arrangement.

    As for the EU system closing in - thats a bit of a laugh really, as the UK can't even get its act together on something as simple as SORN which I believe is widely (and incorrectly) used by many Brits living in France with UK regd vehicles.

    Still I don't care really, I have got quite used to being shoulder to shoulder with all these closet crims [:D]

     

     

  12. Thanks for the post Les. I was feeling a bit miffed that I was the only one in 47 not getting the CV. With 3 young kids (one with special needs) the Attestation takes quite a pasting and so often we are asked for the CV. Roll on next year when I register and will get the real thing.

    Can I thank all the others who posted on this thread and managed to understand the "complex question" I posed. [:D] 

     

     

  13. Can we just keep posts to dealing with the question I first asked. I choose not to answer the last post (before RusetHouse moderation that is) as it is off topic. This is not a contest between me and ANOther.

    BTW Cooperlola E106 is a European form and mine was issued by the UK.

  14. Oh dear Ron - why not ? It's all there really. I think you have made some wrong assumptions. I didn't say e.g. 'E106 for me as a retired person' which I am not, and why say 'certainly not issued by the UK'.  At no stage did I say where it was issued, which BTW was by Newcastle i.e. the UK . 

    Also E106s are issued annually for normally for up to 2 and a bit years depending on when it starts and for 5 years as a working E106 (and maybe longer!).

    Thanks for the all the  other posts as well - I am starting to get the picture which seems to be that some/most departments wont give a CV in these circumstances. I am still hoping someone in the same postion as me in 47 can let me know if its the same for them.

    Fullers Extra Special Bitter is the inspiration BTW.[:D]

     

  15. What I asked about in the original post related to CPAM and 47. There have been several helpful and constructive posts in and around the topic. My agent has many anglais and dutch clients and does know what an E106 is so no bum biting there. What I was trying to find out was if anyone in 47 did have a CV as she suggested.  I don't really understand your point Benjamin.
  16. This E106 was issued from 1st January 2007 and we have had one the year before so it doen't relate to the new healthcare issues. I did ask vfor a CV on renewal of the E106 but I was simply told E106 = no CV just an Attestation. Daft really as more work and bother for all concerned.

    The reason I raised the query now is that the Insurance agent couldn't believe that we didn't have one.

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