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Thank you for looking at my post. I would like to know whether someone would be penalised for failing to declare 3 Driving points for SP30 even though these are no longer valid. I acquired these points in june 2006 and are only valid for a period of 3 years. I paid £60 penalty and there was no court involvement.

UKBA wrote:You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink-driving offences. An explanation of unspent convictions is given below.

This is a clearly stated requirement for citizenship and I don't believe it would be any different for ILR.

hi
just recieved ilr and i had two speeding tickets with 3 points and £60 quid fine each . declared it on application form so it wont be a problem.all the best with your application.

If someone receives a fixed penalty, such as 30 or 60 or 100 pounds fine and gets points on the license then they dont need to be declared.

But if the person gets convicted in court then he has to declare that.

If someone gets a speeding fixed penalty and 3 or 6 points and they take the matter to court and then court finds them quilty then that person would now be regarded as "convicted".

In a nutshell, a conviction can only happen in court. Fixed penalty is not a conviction, so no need to declare it.

drtmt wrote:Thank you for looking at my post. I would like to know whether someone would be penalised for failing to declare 3 Driving points for SP30 even though these are no longer valid. I acquired these points in june 2006 and are only valid for a period of 3 years. I paid £60 penalty and there was no court involvement.

SP30 is valid for 4 years! so they will be active until 2010!

Once again, let me clarify, if its sp30 or sp40 or anything else, it doesnt need to be mentioned if it was a fixed penalty. if it was handed down in court then it becomes a conviction and need to be declared.

SO THERE IS NO NEED TO DECLARE FIXED PENALTIES. SIMPLE.

Please clarify the following for me in terms of spent and unspent traffic convictions.
Back in March 2000, I got a fixed penalty for speeding for £30. I ended up in court not because I disputed anything but because my payment for the fine was late. I just went to the court as a formality and was under the impression that this would be classified as a fixed penalty offence - after reading the other posts I am now a bit concerned
I did not declare this on my ILR application because I thought traffic offences were not included.
Will this affect my application? Is this classified as a spent or unspent offence?

Hi Kingie,

It was not a fixed penalty, it was a conviction. You were convicted and fined in march 2000 so it was spent in march 2005. Hence there was no requirement to declare it anywhere after march 2005.

The five years for insurance companies is to do with the Rehabilitation of Offenders Act which states that offences don't have to be disclosed (for the purpose of obtaining car insurance) after this period ( the period does depend on the specific offence) - otherwise insurers would want your whole life history and that speeding offence from 20 years ago would haunt you forever.