ILR with Two Traffic Offences

[sunnycambridge]

Hello All,

I need your advice on my situation:

Police stopped and given me Traffic offence report for two offences (Using Mobile + Child not in seat belt properly) in start of April saying I will be contacted by Ticketing Office, till date I have not received any communication from them and i have called Ticket office couple of time and they still do not have any record against my car registration and asked me to wait for few more weeks.

Now my question is:

1) ILR due on 27th of May this month, am I eligible to apply as I am still not received FPN/convicted?
2) or shall I extend Tier-1 which is very expensive option to do?

I will really appreciate your thoughts and suggestions on this.

Regards,

Sunny

[Amber]

Don't worry about it, no need to mention it and if it's not received within a month, its no longer going to be issued.

[sunnycambridge]

Thanks Amber, I really appreciate your help on this.

Can you please help to clarify following:

1) Are you suggesting that CTO(Central Ticketing office) do not issue ticket after 3 months, is there any time limit?
2) I was reading that PNC contain the record for Impending Offences as well, which in my situation is Impending?
3) In SET(O) for Question: 7.1 - I am not convicted/received FPN to date, shall I mention NO if I do not hear any thing until 27th May 2014?
4) Question 7.5 asked about "charged in any country with a criminal offence for which you have not yet been tried in court?", if I do not receive any communication can I safely say "NO"?

I do not have any intention to use deception, I want to make wise decision about my unlucky situation with your help.

Thanks and regards,

Sunny

[Amber]

You need to stop worrying about it.

A notice of intended prosecution must be issued within 14 days, a FPN within 6 months. AFPN would not need declaring and is irrelevant for ILR.

[sunnycambridge]

God bless Amber,

one last question:

1) NIP can be served verbally, police officer told "I am reporting you for two offences i) using mobile ii) child not in seat belt properly. You do not have to say anything but it may harm..." I have been given Green Traffic Offence Report slip which only explain why it is given to me (awareness course or FPN or prosecution at court), it do not have any reference number. I have signed form which police officer filled and he did not given me any copy of that.

Can you please advise it verbal NIP have been served in above circumstances and if I am good to apply for ILR.

I will really appreciate your help regarding this matter.

Thanks and regards,

Sunny

[Amber]

There is no obligation to issue a Notice of Intended Prosecution if you have been spoken to and cautioned for the offence. A summons can be sent anytime up to 6 months. Again you can't say what's going to happen. Unless you receive a summons I'd forget it.

[sunnycambridge]

Amber really appreciate your help with queries I had.

I will share my experience in couple of weeks for benefit of anyone in same situation.

Thanks and regards,

Sunny

[sunnycambridge]

Hi Again Guys,

I want to clarify one question on Set(O) form:

7.5. Have you or any dependants who are applying with you ever been
charged in any country with a criminal offence for which you have not yet
been tried in court?

I was reading GOV website about mobile offences:
https://www.gov.uk/using-mobile-phones- ... ng-the-law

and it state: "Your case could also go to court and you could be disqualified from driving or riding and get a maximum fine of £1,000. Drivers of buses or goods vehicles could get a maximum fine of £2,500."

Question states: criminal offence for which you have not yet been tried in court?

I am confused with impending offence for which I have not received any correspondence lie in which category. Can anyone help shall I say YES/NO and what is argument for NO.

I will appreciate your help regarding this confusion.

Thanks and regards,

Sunny

[Amber]

But you haven't been charged with an offence have you? Charged is when the CPS decide to prosecute you for an offence.

[sunnycambridge]

ILR APPROVED

[Amber]

Congratulations.

[kotha_001]

HI Sunnycambridge,

Congratulations for ILR Approval.

What did you mention in ILR application form about your Impending Convictions? Did you select Yes or No to all those questions in Conviction section of ILR.

I am also in a similar position as you. Recenetly i was caught up by police as i my child was not with seat belt. He didnt give any fixed fine on spot, but me said that i would get letter from court and accordingly will attend court. And i also he gave 3 points on my licesence.

Iam planning to apply for ILR in jan 2015, and i am not sure wether this impending offence affect my ILR?

Could you give me your suggestion?

THanks
sujan

[sunnycambridge]

Thanks Amber for your helpful guidance.

Sujan, police has surprisingly offered me Awareness course for both offences which I accepted and took immediately, so, in my situation it was neither FPN nor impending offence so I have mentioned no criminal conviction in my application.

Hope everything went well for you.

Regards,

Sunny