Notice of Intended Prosecution after Naturalisation App

[Double V]

Hi
I have got a situation.
I applied for Naturlisation on 29.10.2014 through NCS.

And today I recieved a letter of intended prosecution (NIP) dated 12.10.2014 for an alleged offence of Exceed a temporary 40mph speed restriction on a motorway - automatic camera device.
This happened on 07.11.2014 on M23 South Nutfield.

My speed was 54mph.

The letter does say, if you are eligible for a safety awareness course you will be notified in due course.

Now does this thing effect my application ?
Do I need to inform Home Office ?

What happens if I take the speed awareness course ?

Please I need urgent help.
This is my first offence. Never had any convictions nor criminal record.

Please help.

Many thanks in advance.

[Double V]

Anyone ??

[Malik44]

Hi
I have got a situation.
I applied for Naturlisation on 29.10.2014 through NCS.

And today I recieved a letter of intended prosecution (NIP) dated 12.10.2014 for an alleged offence of Exceed a temporary 40mph speed restriction on a motorway - automatic camera device.
This happened on 07.11.2014 on M23 South Nutfield.

My speed was 54mph.

The letter does say, if you are eligible for a safety awareness course you will be notified in due course.

Now does this thing effect my application ?
Do I need to inform Home Office ?

No

What happens if I take the speed awareness course ?

Nothing happens '
then they wont give you any penalty points and fine

Please I need urgent help.
This is my first offence. Never had any convictions nor criminal record.

Options
1. If speed awareness offer no problem, do not worry at all.

2. If COFP without a visit to court You do not need to inform again to UKBA that is a FPN. do not worry at all as well.

3. Court issued FPN even this is not going to impact your application as long as you pay the fine in time.

so chill

Many thanks in advance.

[akhurshid]

If court fines you then you need to declare it and you will not be able to apply for 3 years. It will fall under non custodial sentence. Apart from that you don't need to do anything.

[Double V]

Many thanks for replies.

Under what circumstances court can issue this ?

What are my options if no speed awareness course is offered to me ?

From my understanding, will the police not be issuing an FPN to me ? And if I pay, then nothing to worry.

??

[akhurshid]

If you are doing over 100 in a 70 zone, you'll be taken into the court. It is upto police, they have discretion.
I dont know what the actual limit is in 40 zone but I think worse that can happen in your case is an FPN. But remember, if Police thinks it was dangerous, they can still take you into court.
If they issue you an FPN and you decide to appeal, that'll go in court as well and if judge doesn't overturn theor decision, that will be counted as non custodial sentence.

[Wanderer]

I cant see a speed awareness course being offered in this case, but the OP might be lucky. 54 in a 40 is pretty naughty....

[Double V]

I cant see a speed awareness course being offered in this case, but the OP might be lucky. 54 in a 40 is pretty naughty....

It was actually on M23 (Motorway), Near Gatwick they have started some road works on the motorway and for this they have temporarily placed 40mph speed limit.
And at that time 00:18, very few cars were on the road.
And plus I am not used to 40mph on that road, and as soon the construction part was finished, i tried to speed up to the actualy motorway speed.
Did not get any flash or anything. Only recieved NIP in post.

Anyway, I am not giving excuses. I admit, i should have kept to the limit.


I don't know the law for this scenario as it was Motorway.

[Wanderer]

I cant see a speed awareness course being offered in this case, but the OP might be lucky. 54 in a 40 is pretty naughty....

It was actually on M23 (Motorway), Near Gatwick they have started some road works on the motorway and for this they have temporarily placed 40mph speed limit.
And at that time 00:18, very few cars were on the road.
And plus I am not used to 40mph on that road, and as soon the construction part was finished, i tried to speed up to the actualy motorway speed.
Did not get any flash or anything. Only recieved NIP in post.

Anyway, I am not giving excuses. I admit, i should have kept to the limit.


I don't know the law for this scenario as it was Motorway.

Probably average speed camera, the tiny yellow ones on posts.

I've had three NIP, first one was 09:45 Sunday Morning, Cockett, Swansea, 34 in a 30, not a car or person about, apart from the mobile camera van I never saw! No Speed Awareness curse offered.

The next weekend, Sunday Morning again, A64 York to Leeds, 81 in a 70, Speed Awareness course offered.

5 months later, another 34 in a 30, just round the corner from where I live in Leeds.

All mobile camera vans.

You get 10% speedo error, that's all, I was unlucky twice, and a bit unlucky the other time, but I was speeding - no arguing that.

In a 40 zone, 10% speedo error gives you 44, so you were still well over, just need to keep your fingers crossed....

[akhurshid]

violating temporary speed limit is treated as normal speed limit violation. All you can do is wait and probably ask for speed awareness course. Explain how made a mistake and own it. You might get away with speed awareness course. End of the day it's not just the citizenship application you have to worry about, this offence will cause your insurance premium to go up as well.

[akhurshid]

I think you have been unlucky. Police guidelines state 10% of speed limit +2 to issue ticket. In your case I guess they were desperate to meet the quota. End of the day, law says police can fine you even if you are 1MPH over the speed limit.

Probably average speed camera, the tiny yellow ones on posts.

I've had three NIP, first one was 09:45 Sunday Morning, Cockett, Swansea, 34 in a 30, not a car or person about, apart from the mobile camera van I never saw! No Speed Awareness curse offered.

The next weekend, Sunday Morning again, A64 York to Leeds, 81 in a 70, Speed Awareness course offered.

5 months later, another 34 in a 30, just round the corner from where I live in Leeds.

All mobile camera vans.

You get 10% speedo error, that's all, I was unlucky twice, and a bit unlucky the other time, but I was speeding - no arguing that.

In a 40 zone, 10% speedo error gives you 44, so you were still well over, just need to keep your fingers crossed....

[Wanderer]

I think you have been unlucky. Police guidelines state 10% of speed limit +2 to issue ticket. In your case I guess they were desperate to meet the quota. End of the day, law says police can fine you even if you are 1MPH over the speed limit.

On the Speed Awareness course (which was very good incidentally) we were told the +2mph is 'at the discretion of the Chief Constable' and the Chief Constables have been instructed by HM Gov. NOT to exercise this discretion, so it's 10% speedo error only now

Was certainly the case on 2011 when I got the NIP's and my experience bears that out. Things might have changed but knowing the Gov., I doubt it!

[akhurshid]

Agreed. Govt is all about making money now a days. Take the application fee for an example. It costs 150 odd quid to process an application but we have to pay 906.

[Double V]

Many thanks for all your replies.

I have just completed the NIP form and sending via recorded delivery.

What happens next ?
Will they decide whether to give me course or FPN ?
Or do I have to go chase it up from my local police station ?

I am sorry this is the first time i am involved in something like this and really worrying me about the whole thing.
The impact on application.

I will surely keep you posted once I hear or know what to do after sending NIP.

Thanks

[akhurshid]

Even though I have learned alot about these things, I have never actually gone through the process so I can't tell bud.

[Double V]

Yeah.
Lets hope for the best.

And thanks once again everybody.
You guys are awesome.

[Wanderer]

Many thanks for all your replies.

I have just completed the NIP form and sending via recorded delivery.

What happens next ?
Will they decide whether to give me course or FPN ?
Or do I have to go chase it up from my local police station ?

I am sorry this is the first time i am involved in something like this and really worrying me about the whole thing.
The impact on application.

I will surely keep you posted once I hear or know what to do after sending NIP.

Thanks

If they didn't offer the option of a Speed Awareness course with the NIP itself they haven't offered it at all.

No option but to pay the fine and take the points I'm afraid.

[Double V]

Many thanks for all your replies.

I have just completed the NIP form and sending via recorded delivery.

What happens next ?
Will they decide whether to give me course or FPN ?
Or do I have to go chase it up from my local police station ?

I am sorry this is the first time i am involved in something like this and really worrying me about the whole thing.
The impact on application.

I will surely keep you posted once I hear or know what to do after sending NIP.

Thanks

If they didn't offer the option of a Speed Awareness course with the NIP itself they haven't offered it at all.

No option but to pay the fine and take the points I'm afraid.

Okay in that case do I need to inform Home Office of the fine (FPN) ?

And what about insurance company, do they need to know about this ?

Thanks

[akhurshid]

You definable need to inform your insurer. It shouldn't effect your this years premium though.

I think you should also inform HO about FPN even though it shouldn't have any bearing on the decision if you haven't had any in the past. No sure if you need to inform them now or wait till it's final. May be a senior can shed some light on that.

[Double V]

I have sent the completed form back to them via recorded delivery.
They will get it today sometime.

And lets see what they send me back.
I really hope I get the course.

I will keep you posted.

And then will seek further help.
Many thanks

[akhurshid]

All the best and be careful next time

[Double V]

Hi

A little update.
I just received a letter of COFP.
It says i have 28 days to pay or contest this in court.

I want to pay it.

Now my question, do i need to inform HO about this ?

Thanks

[sohail_e]

HI
Could you please clarify whether or not you are offered a "awareness course" or they have given you 3 point and want you to pay the fine as well?

Regards

[Double V]

They did not offer any speed awareness course.

The letter only says "cofp" and asks me to send in my license. And also make payment of £100.
Or I can contest this. (which is useless).

So now, does Home Office need to know about this FPN ?
I never had any FPN before.
Only parking notice in 2012.

Thanks

[Double V]

Hi

Could any senior member answer to my query ?
Amber ? pretty please, I once again require your expertise.

Experts help please.
As i need to send my driving license and make the payment within 28 days.
Just want to get it done and over with it, before I get busy with my Royal Mail XMas temp job.

Do I need to declare/inform Home Office about this COFP i received ?


Many thanks