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Spent / Unspent Conviction

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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rakeysh.patel
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Joined: Mon Mar 23, 2009 1:07 pm
Location: Basildon, Essex

Spent / Unspent Conviction

Post by rakeysh.patel » Sat Feb 26, 2011 8:48 pm

Hi.

I am on TIER 1 General, and due for extension soon. I just had a letter through the post today from some Bailiff company. Upon enquiring, I have realised that it was issued by Ealing Magistrate's court for the case bought to them by Traffic Prosecutors. This was because, I had failed to tax my vehicle in year 2008 while I was away from UK for nearly 50 weeks (PS I was not on Tier 1 Visa at that point in time). The car was clamped on off street parking by warden because of no tax disc.

I paid the fine of £200 and got the car declamped. It was than sold back to dealer I bought it from. I can not recall exactly, if I had taxed the vehicle after paying the fine to enforcement people.

Now, is this conviction, since been dragged to and dealt with in Magistrate's court, count as Spent and/or Unspent conviction?
Any help on advice as to if I could appeal against this now? BTW, reason I was in India for so long was because of an honest medical reason (had a left plural effusion).

Any comments from senior staff be greatful

Ta x
An [Expensive] Immigrant journey has ended 19/08/2015. Good luck to you all out there...

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Sun Feb 27, 2011 11:33 am

pay fines u will be ok
CDOKS

rakeysh.patel
Diamond Member
Posts: 1175
Joined: Mon Mar 23, 2009 1:07 pm
Location: Basildon, Essex

Post by rakeysh.patel » Sun Feb 27, 2011 11:34 am

Sushil-ACCA wrote:pay fines u will be ok
Is it classes as spent or unspent conviction? Would it need mentioning in all future application to HO?
An [Expensive] Immigrant journey has ended 19/08/2015. Good luck to you all out there...

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Re: Spent / Unspent Conviction

Post by nksg » Sun Feb 27, 2011 5:37 pm

As far as my experiance says, CCJ is not a conviction.. u can declare it on the form if you like..
raxs1983 wrote:Hi.

I am on TIER 1 General, and due for extension soon. I just had a letter through the post today from some Bailiff company. Upon enquiring, I have realised that it was issued by Ealing Magistrate's court for the case bought to them by Traffic Prosecutors. This was because, I had failed to tax my vehicle in year 2008 while I was away from UK for nearly 50 weeks (PS I was not on Tier 1 Visa at that point in time). The car was clamped on off street parking by warden because of no tax disc.

I paid the fine of £200 and got the car declamped. It was than sold back to dealer I bought it from. I can not recall exactly, if I had taxed the vehicle after paying the fine to enforcement people.

Now, is this conviction, since been dragged to and dealt with in Magistrate's court, count as Spent and/or Unspent conviction?
Any help on advice as to if I could appeal against this now? BTW, reason I was in India for so long was because of an honest medical reason (had a left plural effusion).

Any comments from senior staff be greatful

Ta x

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Sun Feb 27, 2011 5:44 pm

Not paying road tax is a criminal offence however.

rakeysh.patel
Diamond Member
Posts: 1175
Joined: Mon Mar 23, 2009 1:07 pm
Location: Basildon, Essex

Re: Spent / Unspent Conviction

Post by rakeysh.patel » Sun Feb 27, 2011 7:05 pm

You saying Magistrate Court ruling is CCJ??? I thought CCJ was county court judgement? Sorry, if my understanding was wrong :( Day is just getting worse for me :(
nksg wrote:As far as my experiance says, CCJ is not a conviction.. u can declare it on the form if you like..
An [Expensive] Immigrant journey has ended 19/08/2015. Good luck to you all out there...

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Sun Feb 27, 2011 8:01 pm

If you got a conviction and fine for an offence at the magistrates court that is a criminal conviction. As far as I am aware minor traffic offences become spent after 5 years, so you have a bit to go.

If in doubt, declare it, I may be wrong but better to put it on the form rather than get refused for deception if you do not put a conviction down.

I haven't heard of anyone getting refused for that sort of conviction.

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