Chances of ILR approval - appealing FPN (Mobile usage)

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Chances of ILR approval - appealing FPN (Mobile usage)

Postby hlookoff » Mon Oct 01, 2012 4:30 pm

Hello, I have been in the UK since 2007. Right now i am on HSMP visa and around mid 2013 i will be able to apply for ILR.
I was all relaxed about my future application up to the point when 2 weeks back i received fixed penalty notice with code 125 (for using mobile phone while driving) When the unidentified car stopped me i explained to the police officer that i was checking the map only as i got lost around London bridge area and didn't know which way to take. However i received a Fixed Penalty Notice (FPN): £60 fine and 3 points.
As i felt i have been charged wrongly and he could have just given me a warning etc. I met few lawyers and decided to appeal. My chances of winning are 50/50 as in any case.
What will happen in case i lose the appeal? Do I have any other option to remain in the UK?
In case i lose the appeal will i be denied ILR (Indefinite Leave to Remain) or that strictly depends on the different cases and once luck?
Have anyone been approved ILR even after losing appeal for FPN?

Thanks
hlookoff
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Postby arifahmmed » Mon Oct 01, 2012 5:25 pm

Hi hlookoff: My idea is poor about traffic offences for immigration purpose but I know if there is no criminal record or fined from court you will be fine. But if you not pay in time or move court (because you said chances 50/50) and out come negetive may not good. However read this web about FPN.

http://www.direct.gov.uk/en/CrimeJustic ... /DG_201925

Some one will turn up with best wishes and information.
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Postby hlookoff » Mon Oct 01, 2012 5:31 pm

Thanks arif, the thing is that i have already asked for appeal. So the case would be taken into court. I just wonder what are my options is i lose the case. This new rules are very confusing
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Postby arifahmmed » Mon Oct 01, 2012 6:24 pm

Hi hlookoff: Because of poor idea I can not say anything but realize failure to pay fine right time will lead U in bad situation unless you appeal.

However I found follwing link you can look.


http://www.immigrationboards.com/viewto ... 80ed284a80

http://www.immigrationboards.com/viewto ... 2807fd59ce

Thanks
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Postby innocentdevil » Mon Oct 01, 2012 7:02 pm

contesting the police over charge notices is always a bad idea as you will end up getting more than 3 points and more fine as well.

Normally, in such cases, if there were 2 police bobbies in the car then its their word against yours. they have nothing to prove and you have everything to prove that you weren't using the phone.

also the law is if the engine is running then you shouldn't be using the phone at all full stop.

you should have just accepted 3 points and 60 fine which is nothing
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Postby rajesh2012 » Mon Oct 01, 2012 11:45 pm

hlookoff

i got ilr last month and i had the same offence and i lose my case in court.


don't worry you will be ok

chose liverpool peo
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Postby hlookoff » Tue Oct 02, 2012 8:12 am

Thank You Rajesh,
I am glad to hear that. Feel much more relaxed now :)
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Re: Chances of ILR approval - appealing FPN (Mobile usage)

Postby frey80 » Tue Oct 02, 2012 12:11 pm

hlookoff wrote:Hello, I have been in the UK since 2007. Right now i am on HSMP visa and around mid 2013 i will be able to apply for ILR.
I was all relaxed about my future application up to the point when 2 weeks back i received fixed penalty notice with code 125 (for using mobile phone while driving) When the unidentified car stopped me i explained to the police officer that i was checking the map only as i got lost around London bridge area and didn't know which way to take. However i received a Fixed Penalty Notice (FPN): £60 fine and 3 points.
As i felt i have been charged wrongly and he could have just given me a warning etc. I met few lawyers and decided to appeal. My chances of winning are 50/50 as in any case.
What will happen in case i lose the appeal? Do I have any other option to remain in the UK?
In case i lose the appeal will i be denied ILR (Indefinite Leave to Remain) or that strictly depends on the different cases and once luck?
Have anyone been approved ILR even after losing appeal for FPN?

Thanks


i would choose to pay the fine, it is just £60

i read another story on this forum, a very unfortunate guy caught by police for having his tyre too thin and at that time the policeman got no blank ticket with him so he simply redirected him to court and this guy got ILR refused because of a sentence from court.....

it is probably not about right or wrong, it is about whether it is worth or not

think about worst could happen with what you has chosen, paying the fine will DEFIITELY NOT affect your ILR but if you lost in court, they may reject you and you will need to appeal and it could take several months and cost much more than that.

sometime people got lucky but it doesn't happen every case and some time people got unlucky and you won't know if you are the one, no need to risk something important over £60 and 3 points on your licence.
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Postby rajesh2012 » Tue Oct 02, 2012 4:41 pm

hlookoff

just explain everything in cover letter.

If nothing showing on crb then everything will be fine.

They can't refused ilr because applicant convicted in court for minor traffic offences, but if they refuse ilr because of minor traffic offence then you can take ukba to court and give them other applicant references (people who involved in the same offence and convicted in court got the ilr - after april 2011).

take it easy and don't listen to any one. only follow ukba guidelines

good luck man
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Postby hlookoff » Wed Oct 03, 2012 10:46 am

Thanks Rajesh,

I will wait and see what happens and in case it comes to worst will try find out references for people who were in the same situation and consult lawyer perhaps
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Postby arifahmmed » Thu Oct 04, 2012 4:12 am

hlookoff: To me first pay and then think unless you contesting the police over charge notices on court. If delay and further fine notice appear from court then situation would may different. You may take Home office to court for rejection your ILR but that delay and sorting solicuitor would be more pain full and frustrating. Choice is yours.
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Postby rajesh2012 » Sat Oct 06, 2012 10:51 pm

arifahmmed


true man...
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