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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I'm not an expert, but I think I've heard cases of people that have had a conviction without going to court, because the pleaded guilty and paid the fine, so I think Amber is right.Jonriker wrote:by the way people, I PAID for this advice....
Hope it's worth it!!! Sigh.... she did say it's her interpretation of the UKBA guidelines, and thus, ultimately up to the discretion of the case worker.
I think it depends on the speed, if you were going over 90mph or so, you get a summon (conviction); otherwise, a FPN; it's on gov.uk you can check that there; so check the fine and see who sent it so you know if it's a conviction or not; do you remember the speed?Jonriker wrote:yeah, I checked with her with regards to conviction without going to court.
She says she has not met such a case of conviction via post, and wants me to show her a direct case (obviously I don't have that).
In any case, it follows who issued the letter in the first place. Is it the (traffic) police? If yes, it's the equivalent of you being stopped by a traffic police.
Because in my situation, I was caught on a speed camera (where there isn't any police around), they couldn't give me a FPN on the spot. A letter sent by the traffic police subsequently is equivalent to being stopped by the traffic police.
So, if the letter was issued by the traffic police, it is a FPN, UNLESS you dispute the 'conditional offer', in which it then moves to court.
If it was issued by the court (i.e. summons), that means your speeding was quite excessive and the police wants to move it to court directly.
In both cases, I guess it's possible to have a 'conditional fixed penalty' offered. I'm not sure.
For Disclosure and SAR, she said I could 'google' it... (!!!!!!)
If you plead guilty by post, you will normally be convicted by the court on the date shown in the summons. The court may put the case back for up to four weeks without having to tell you. The court will write to you soon after the hearing to tell you what sentence the magistrates have given you.
It seems like you have a FPN, so you should be fine then; but you don't need to pay for that info you can find it on gov.uk I checked it a while ago.Jonriker wrote:yeah..... it was really low!!!!
I found the original letter.... The speed limit was 30mph (!!!!) ... and the speed camer claims I was travelling at 38mph.
I googled speed limits.... There is a traffic police threshold and summons threshold. traffic police threshold is 35mph by which you get a fpn if you breach it.
50mph is the threshold when you get a court summon. To be clear, this is based on a speed limit of 30mph....
should I start charging money for these posts?
but, I think we can discuss all we want..... I take my agent's call that ultimately, it is still up to the discretion of the case worker (or the government? ).
I find it quite shocking that his solicitor that is supposed to be an expert and charges for it (and probably quite a lot) doesn't know that you can have a conviction without going to court; something that I found out just be checking the gov.uk website for free.....D4109125 wrote:I'm afraid the guidance is quite clear that a conviction (however given) will be a bar for 3 years.
However, it would appear you would have a standard FPN. I would be cautious with your 'agent' as she did not know that a summary conviction could be given without attending court
All you have to do is read a summons (click)[open in word] which clearly states:
If you plead guilty by post, you will normally be convicted by the court on the date shown in the summons. The court may put the case back for up to four weeks without having to tell you. The court will write to you soon after the hearing to tell you what sentence the magistrates have given you.
I suggest you take Amber's advice rather than that solicitor's haha; I know somethings, but she knows almost everything; although, nothing is 100% srue with the HO, but I'd take her advice.Jonriker wrote:no, that wasn't what I got (quite a long letter!).
Mine was a one-pager (from the Traffic Police, Camera Division) stating the alleged offense.
There was a slip attached to the bottom, where I just put in the cheque and driver's counterpart.
She sounds quite confident though... oh well....
So, are you suggesting I should go to Amber or Deriv, for consultation fees?
if you have a conviction it's a 3 year ban, but if you won the case and the charges were dropped; I think you are fine.amali wrote:I have a conviction dated Aug 2013 as I challenged a FPN for using mobile while driving. After that I got ILR but now I am advised not to apply for naturalization.
When the Laspo Bill amemdment for naturalization purposes will be in effect?
Ah ok, then it's a conviction, because it went to court; not a good idea if s(he) was going to apply for BC, but it can't be undone.D4109125 wrote:Derivaz s(he) means that s(he) challenged the FPN, lost and ended up with a conviction. If s(he) had not challenged the FPN then it would not have been a bar.
Please provide a link for that. If anything, LASPO makes nationality applications exempt from rehabilitation time periods.amali wrote:SAR is from UKBA and ACRO is from police. For UK naturalization application which check should I use?
I know the 3 year waiting will become one year by the end if this year. Home office is working on that.