Fixed penalty notice

[innocentdevil]

this is a very heated topic. I personally do not the FPN or even disqualification will cause any issues with respect to ILR. Normally, the conviction for disqualification/ban is complete when the ban finishes but a ban normally comes with points which take about 3 years to get spent so in that case it would be 3 years , the longest of the both.

FPNs which are speed related aren't being forced harshly as every now and then it happens and theres nothing one can do about it.

http://www.yourrights.org.uk/yourrights ... spent.html


good luck and keep updating the posts.

[guyintheuk]

I had one FPN and got ILR last august ....
dino 99 can you please give details when you have got ur FPNs ???
I believe if you have them over long period of time it should be ok ...

good luck

[geriatrix]

Reading New criminality threshold should help.

[Dino99]

I had one FPN and got ILR last august ....
dino 99 can you please give details when you have got ur FPNs ???
I believe if you have them over long period of time it should be ok ...

good luck

Hi thank you for your interest,

1st FPN on July 2009 SP30 > 3 points
2nd FPN on July 2010 IN10 > 6 Points

Will apply for ILR on Feb 2012

....

[innocentdevil]

i have requested the case worker manual specially the New Criminality Threshold from HO. Once I get this i will update.

personally, even, when some speeding fines can't be dealt without going to court 'cuz they are well over speed limit shouldn't cause any issue.

normally, if you are caught doing 50 in a 30 zone, you will not get a FPN, you will be summoned to the courts and may receive a ban which will disqualify you from driving for 7-56 days and then 6 points as well plus fine.

in such a case, your conviction will be the longest one in the list. In above example, if you were banned for 7 days and given 6 points + fine then, it will be the longest conviction to be served i.e: 6 points. as the ban/disqualification will get served after 7 days(take it as a punishment) but SP will be on your license for 4 years (valid for 3 years)


hope it clarifies any doubts.

[ali_khan03008]

Dear all,

I was stopped by police on moterway last year , i was driving on hard shoulder. they given fixed plenty, three points and 60 pounds.

Will it become an issue during my tier1 extension or LIR in future. do i need to mention this into tier 1 extension form

Please help

[settled_now]

"Technically any conviction in a court of a criminal offence is a criminal record. In practice, however, many motoring offences are not deemed to be crimes for criminal record purposes"

http://www.inbrief.co.uk/court-judgemen ... ecords.htm

If a motring offence is not deemed to be a crime for criminal record purposes, they WILL NOT show up on a CRB check and are therefore not subject to the Rehabilitation of Offenders Act. i.e. there is no rahabilitation period since there is nothing to be spent.

[dimsav]

"Technically any conviction in a court of a criminal offence is a criminal record. In practice, however, many motoring offences are not deemed to be crimes for criminal record purposes"

http://www.inbrief.co.uk/court-judgemen ... ecords.htm

If a motring offence is not deemed to be a crime for criminal record purposes, they WILL NOT show up on a CRB check and are therefore not subject to the Rehabilitation of Offenders Act. i.e. there is no rahabilitation period since there is nothing to be spent.

That's a good quote! And it explains why a few guys on "ILR forum" got their CRB clean, after having been convicted in court, and then successfully got their ILR...

I wonder if there is somewhere an exact list of those motoring offences are not deemed to be crimes for criminal record purposes... (Surely, most if not all FPNs should fall into this category, but what else?)

[friend12345]

Dear all,
I was stopped by police in 2008 while driving on international licence, and received 3 penalty points and £30 fine at the court with conviction code LC20, Now I am not sure if it will cause any problems for me in getting ILR, on the counterpart it says:
offence code: LC20
fine: nothing in that column
disqual. period: nothing in that column
other: e12m
penalty points: 03

I emailed Nacro today and this is the reply I got:
Thank you for your enquiry.

These matters are a grey area, and something that I intend to look into when I have more time. However, from what I can see, you have a conviction rather than a fixed penalty notice, and that strictly, ie legally, you need to disclose it because it is ‘unspent’ under the Rehabilitation of Offenders Act 1974 (see attachment). It is a minor offence and I know that the UKBA disregard minor offences in relation to certain applications. Hopefully Indefinite Leave to Remain is one such instance.

Mervyn

Mervyn Barrett
Job Start Helpline Adviser
Nacro, the crime reduction charity
T: 020 7840 6432 F: 020 7840 6420
159 Clapham Road, London SW9 0PU
www.nacro.org.uk

Please comment.

[FZ]

Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

Points on License - is it a FPN or not?

HELP NEEDED!

I have two FPN on my licence, unfortunately had in the same month, first one on 06/08/08 and the second one on 21/08/08, next year in Feb 2012 I will be applying for my ILR, can anyone tell me if this could cause problem to get ILR, under new rules introduce on 11 April 11?

Got my ILR stamped without having any problem!!!

[ali_khan03008]

Dear all,

I got my tier1 extension last month, i declare on form that i had a FPN in 2010. I got the extension but case working written on approvel letter that we consider it as criminal offence and i need to declare it over my next application again . My next extension is for ILR.

What are the law for FNC ?
Is it vaild for three year or four ?

If it is three year than i am safe or in case of four, I need to wait longer.

Please advice.

[ali_khan03008]

Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

Points on License - is it a FPN or not?

HELP NEEDED!

I have two FPN on my licence, unfortunately had in the same month, first one on 06/08/08 and the second one on 21/08/08, next year in Feb 2012 I will be applying for my ILR, can anyone tell me if this could cause problem to get ILR, under new rules introduce on 11 April 11?

Got my ILR stamped without having any problem!!!

Have you mentioned the FPN on your ILR applicaiton form ?

[ali_khan03008]

Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

Points on License - is it a FPN or not?

HELP NEEDED!

I have two FPN on my licence, unfortunately had in the same month, first one on 06/08/08 and the second one on 21/08/08, next year in Feb 2012 I will be applying for my ILR, can anyone tell me if this could cause problem to get ILR, under new rules introduce on 11 April 11?

Got my ILR stamped without having any problem!!!

Have you mentioned the FPN on your ILR applicaiton form ?

Yes that a Question.. Has he mentioned it or not ? i did on my extension and they written on my approvel letter i have to mention this on future applications.

[FZ]

Ali,

Yes i mentioned this that I got two FPN in the same month, not only in my ILR application but also when I applied for Teir 1 Extension in 2009.

Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

Points on License - is it a FPN or not?

HELP NEEDED!

I have two FPN on my licence, unfortunately had in the same month, first one on 06/08/08 and the second one on 21/08/08, next year in Feb 2012 I will be applying for my ILR, can anyone tell me if this could cause problem to get ILR, under new rules introduce on 11 April 11?

Got my ILR stamped without having any problem!!!

Have you mentioned the FPN on your ILR applicaiton form ?

[FZ]

Yes, you have to mention this in your future application as well, but this should not effect your ILR.

The Points on your licence will be expired in three years but will be removed from your counter part after four years from the date of offence.

HELP NEEDED!

I have two FPN on my licence, unfortunately had in the same month, first one on 06/08/08 and the second one on 21/08/08, next year in Feb 2012 I will be applying for my ILR, can anyone tell me if this could cause problem to get ILR, under new rules introduce on 11 April 11?

Got my ILR stamped without having any problem!!!

Have you mentioned the FPN on your ILR applicaiton form ?

Yes that a Question.. Has he mentioned it or not ? i did on my extension and they written on my approvel letter i have to mention this on future applications.

[ali_khan03008]

I applied my tier1 extension and mentioned in application form about my FPN. i got extension but case worker asked to mention the same on next extension which is for ILR.

the case worker written on my approvel letter statin that fixed plenty notice written in your application form is a criminal offence for ukba purpose and will need to be declared on any further application.

How long points stay on licence ? i got three point due to over speeding on moterway .. but by the time i will applying ILR, points will be three years old. Any advice for me ?

[FZ]

Don't worry should not be a problem, read my last reply to you.

I applied my tier1 extension and mentioned in application form about my FPN. i got extension but case worker asked to mention the same on next extension which is for ILR.

the case worker written on my approvel letter statin that fixed plenty notice written in your application form is a criminal offence for ukba purpose and will need to be declared on any further application.

How long points stay on licence ? i got three point due to over speeding on moterway .. but by the time i will applying ILR, points will be three years old. Any advice for me ?

[moonzie]

Please would someone help me. From all I have read here, mine is not a FPN. Please correct me if I am wrong. I was issued a LC20 in court (in absentia) given 3 points and paid #120 fine which shows on my counterpart.

Do I have to declare this? Will it affect my ILR as I am covered by the pre Nov 2006 judicial review. Any advise would help. I am due to apply within the next few days

[haneen20004]

I am a 22 year old female and I was caught shoplifting in May 2010 perfume from a The Perfume Shop. My picture and DNA was taken by the LP officer and I was served with papers stating that I was banned from that particular Shoppers location, as well as the fact that Shoppers would be making a civil claim against me to recover the cost of the items and for damages. I was told that if I did not pay the fine I would be taken to court. In addition, the police were called however, I was not arrested by the police officer, she only took down my name, address and phone number. I had been cooperative so the LP officer had recommended that I not be arrested and have criminal charges brought against me. I mistakenly gave my nick name rather than real name. I was issued the ticket on my nick name and I paid the fine, but on my nick name.
I have 2 questions:
The first being: Will the fact that I gave nick name and I am able to get a statement from Nottingham Police Station confirming that I paid the ticket on my real name declaring that I gave nick name before?
Second: I want the document from Police to submit with my visa application to give proofs of tickets issues and paid. Is it possible?

[nateymac]

Hi guys,

I was recently issued a Fixed Penalty Notice (FPN) for being drunk and disorderly in a public place.

I may need to apply for a Tier 2 - General visa in the coming weeks pending the outcome of a job selection process and want to know whether the FPN will adversely affect any such application.

From what I can gather looking online, it shouldn't but does anyone know for sure? Has anyone else found themselves in a similar situation?

Any advice would be appreciated.
Thank you,
Nateymac