Parking Fine & drunk disorderly

[ipvaid]

Hi Guys,

I am applying ILR under HSMP JR but I have 2 questions :-

1. In 2007 I was giving drunk disorderly for arguing with police officer, spent night in station and was given fine of £70. I paid it on time and they mentioned that paying doesn't mean conviction. I never declared it when I renewed my HSMP in 2008 Aug but do I have to declare it now for ILR. Please advise.

2. In 2009 I changed my residence but forgot to change address of my car which I know is my fault but due to this lot of parking fines went to my old address (caught by cctv), and 4 of these came to my new address as well which I paid promptly (well within 14 days), last week I received bailiff notice paying other and they have gone 3 times up now. Bailiff notice mentioned "Distress Warrant Issued by TEC Northampton county court" but after some research I found that "TEC" (Traffic Enforcement Centre) in Northampton is not court but actually a processing centre and Bailiffs regularly use this in wrong way. But these things apart, I immediately paid and contacted the council which issued all these asking them for all fines. I had 13 in total, 4 I paid which came to my residence, they have 4 with them which I paid as well but rest 5 were sent to bailiffs, I took their contact numbers and before other Bailiff's could send me letter I called up and paid, only 1 is left which doesn't have any information regarding my fine as it was sent to them by council last week only. So waiting to pay that as well.
I have no intention of not paying but I am confused if I have to declare it in my ILR application, is this a criminal conviction ? I wonder if Bailiff's can find my new address (as I changed it after few months) then why not TEC (Traffic Enforcement Centre) at Northampton and if TEC is actually a court which convicted me (as I have been reading around that TEC is not court and no court can convict without presence).
Can someone please advise on these two matters, I would be very greatful.

[nksg]

Hi Inder,

I dont think these offences are criminal convictions.. You don't need to declare them but mention on the cover letter, as i would recommend.

As far as CCJ is concerned, i dont think its an issue as looking my case, i was given ILR in May 2010. In June 2010 i changed jobs and my new employer did the background and security checks. It was found that there was a CCJ (which i was not aware of) on my name since 2005. What i am trying to say based on my experiance is I got the ILR withought knowing the fact i had CCJ and so did not declare it.

In your cae just mention on the cover letter about the parking tickets but make sure you have all the documentation with you.. just incase case wroker asks for it..

All the best

Hi Guys,

I am applying ILR under HSMP JR but I have 2 questions :-

1. In 2007 I was giving drunk disorderly for arguing with police officer, spent night in station and was given fine of £70. I paid it on time and they mentioned that paying doesn't mean conviction. I never declared it when I renewed my HSMP in 2008 Aug but do I have to declare it now for ILR. Please advise.

2. In 2009 I changed my residence but forgot to change address of my car which I know is my fault but due to this lot of parking fines went to my old address (caught by cctv), and 4 of these came to my new address as well which I paid promptly (well within 14 days), last week I received bailiff notice paying other and they have gone 3 times up now. Bailiff notice mentioned "Distress Warrant Issued by TEC Northampton county court" but after some research I found that "TEC" (Traffic Enforcement Centre) in Northampton is not court but actually a processing centre and Bailiffs regularly use this in wrong way. But these things apart, I immediately paid and contacted the council which issued all these asking them for all fines. I had 13 in total, 4 I paid which came to my residence, they have 4 with them which I paid as well but rest 5 were sent to bailiffs, I took their contact numbers and before other Bailiff's could send me letter I called up and paid, only 1 is left which doesn't have any information regarding my fine as it was sent to them by council last week only. So waiting to pay that as well.
I have no intention of not paying but I am confused if I have to declare it in my ILR application, is this a criminal conviction ? I wonder if Bailiff's can find my new address (as I changed it after few months) then why not TEC (Traffic Enforcement Centre) at Northampton and if TEC is actually a court which convicted me (as I have been reading around that TEC is not court and no court can convict without presence).
Can someone please advise on these two matters, I would be very greatful.

Thanks
Inder

[ipvaid]

Hi,

I dont think these offences are criminal convictions.. You don't need to declare them but mention on the cover letter, as i would recommend.

As far as CCJ is concerned, i dont think its an issue as looking my case, i was given ILR in May 2010. In June 2010 i changed jobs and my new employer did the background and security checks. It was found that there was a CCJ (which i was not aware of) on my name since 2005. What i am trying to say based on my experiance is I got the ILR withought knowing the fact i had CCJ and so did not declare it.

In your cae just mention on the cover letter about the parking tickets but make sure you have all the documentation with you.. just incase case wroker asks for it..

All the best

Hello,

Thanks for replying nksg. I am just concerned if it is a civil judgement or not. I called one of the Bailiff company and they say that they receive warrant from council and then issue a distress warrant for claim, and everything is cleared because I have paid them

Council say same and have confirmed that is not Civil judgment but I am bit confused.

I have decided to make a cover letter as you suggest but leave blank on application and will ask at PEO regarding this. If they don't know then I will mention it as Parking fines can happen to anyone anywhere and has nothing to do with the character (since it is not criminal conviction).

Unless someone has any further advise (which I will appreciate as always), that will be great.

Thanks nksg and others who will reply.

[ipvaid]

Ok I have come to this conclusion that there is no need for any of these to be declared as long as you haven't contested any.
But may be it will be relevant to someone, so here are the details.

http://www.homeoffice.gov.uk/police/pen ... rocedures/
http://www.homeoffice.gov.uk/police/pen ... es/212291/

This link clearly states that paying fine doesn't mean conviction or admittance of any guilt.

http://www.homeoffice.gov.uk/police/pen ... oduction11

Above link states that DD is a recordable offence but not notifiable as per home office and since I never contested & paid fine, should be fine. Have printed all relevant laws incase they come up with this as I am not going to declare this.

For Parking fine by TEC, it is mentioned by TEC itself that it is not registered on collective register as County court judgement but I will make a note of this on cover letter to be on safe side.

But to be on safe side, I have printed all relevant laws alongwith websites (official such as Crown Prosecution service/Criminal justice & Police Act 2001/Section 91 Criminal Justice Act 1967/Her Majesty Court Service).

If I am missing something then let me know.

Thanks.