Fixed penalty notice

dineshcv · Post by **dineshcv** » Tue Mar 22, 2011 2:26 pm

Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

Points on License - is it a FPN or not?

blay1 · Post by **blay1** » Tue Mar 22, 2011 2:39 pm

dineshcv wrote:Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

Points on License - is it a FPN or not?

FPN is at least a 3points plus a Â£60 fine.Google what FPN is in google and your question will be answered.

dineshcv · Post by **dineshcv** » Tue Mar 22, 2011 5:12 pm

Blay1,

I got the meaning of FPN; so in that case the criminality threshold does NOT apply for someone having penalty points on License.

Am I mistaken?

howlong · Post by **howlong** » Tue Mar 22, 2011 5:48 pm

http://www.ukba.homeoffice.gov.uk/briti ... character/
This link defines the meaning of unspent conviction.

kunald · Post by **kunald** » Tue Mar 22, 2011 6:24 pm

howlong wrote:http://www.ukba.homeoffice.gov.uk/briti ... character/
This link defines the meaning of unspent conviction.

You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences. Fixed penalty notices will not normally be taken in to account, unless you have had more than one fixed penalty notice in the last 12 months. In that case you may wish to wait to make your application until you have no more than one fixed penalty notice in the 12 month period before applying.
Drink driving offences must be declared. If you have any endorsements on your driving licence you must provide the paper counterpart.

Although this is taken from UKBA's guide to naturalisation, (Sec 3.6; Page-8 ) my guess is that the definition of unspent conviction (especially with regards to FPN) remains same whether its for settlement or naturalisation? May be the experts will be able to throw some light...

kenfrapin · Post by **kenfrapin** » Tue Mar 22, 2011 8:10 pm

Under current rules too there is a Character requirement - if you read the guidelines on UKBA, it clearly talks of unspent convictions and not having any for ILR. It is not separated out as Criminality requirement but embedded within the Good Character requirement itself.

The only statement that makes things better is to possibly ignore minor offences if all other requirements are met. Case workers are advised to bind over, discharge any minor offences committed once and not repeated.

So, technically, what is the difference between the Character requirement of today versus the Criminality requirement of tomorrow with respect specifically to traffic offences?

KP

zahid.ali.anwar · Post by **zahid.ali.anwar** » Tue Mar 22, 2011 9:49 pm

uckocak wrote:Dear members,

http://www.ukba.homeoffice.gov.uk/sitec ... settlement

as per above, they are changing the rules again effective from 6 April 2011.

I entered UK with work permit at 10 April 2006, and changed to HSMP at July 2007.
5 years due by 10 April 2011.

Are they going to apply new rules to me or is there going to be a transitional period.

And do you know what "unspent convictions" mean? I have 3 points on my driving license due to traffic offence. Does this mean an unspent conviction?

Sorry for bothering you with my personal problems, however this may be a common problem for everyone.

kind regards, Utkan

I have the same problem, so I wrote to UKBA and NACRO. I am quoting their replies. This includes my question as well. Just to tell you this traffic offence is not done by me, but my WIFE...

Letter to NACRO:

Respected Sir or Madam,

I was reading the new settlement rules(PROPOSED) set by UKBA.

I need an advise on the first point i.e. Applicants will need to be clear of unspent convictions when they apply for settlement.

My wife have 3 points on her driving licence. Due to offence code LC20 (driving with provisional licence without any supervision).

Does this include in criminal conviction?

What is the meaning of unspent conviction?

I hope you will advise me at your earlist about this.

Waiting for a favorable reply from your end.

Thanks,

Their reply:

Dear Mr Anwar

You did ask about â€˜convictionsâ€™, which are findingsof guilt by a magistratesâ€™ court or crown court.

Your wife has nothing to worry about. A fixed penalty notice isnot a conviction, does not form part of a criminal record, and will not show upin any CRB or other criminal record check. It cannot be spent or unspent anddoes not have to be disclosed for UKBA or employment purposes.

Mervyn

Letter to Home Office:

Respected Sir or Madam,

I was reading the new settlement rules(PROPOSED).

I need an advise on the first point i.e. Applicants will need to be clear of unspent convictions when they apply for settlement.

My wife have 3 points under FPN (Fixed Penelty Notice) on her driving licence, due to offence code LC20 (driving with provisional licence without any supervision). She was also fined Â£60.00 that was paid off straight away the same date. The Police Officer that stopped her, asked her to bring her counterpart and provisional licence to Police Station. She took these documents to Police Station, and they told her that she will get her licence from court after 3 weeks. As all the endorsment on counterparts is now done by Manchester courts in Manchester Area. And that she will be issued with 3 Fixed penelty points.

I have read the CRIMINALITY REQUIRMENT published by UKBA. The point (bullet 4) on page 3 of 4 states that FPN are not criminal convictions. Whereas, Rehabilitaion of Offerders Act 1974 doesnot states any thing about this.

So is this mean that she can apply with me for Indefinite Leave to Remain.

I hope you will advise me at your earlist about this. In case you need further details, you can send me an email anytime.

Waiting for a favorable reply from your end.

Thanks,

UKBA Reply
Dear Mr Anwar,

Thank you for your enquiry.

Please be advised that receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and will not impact on her application for Indefinite Leave to remain (ILR).

The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and would be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

If she meets the requirements of the Immigration Rules for ILR, she may submit her application. I am unable to advise you whether she can submit her application with you as you have not provided information on what basis you will be submitting your application for ILR. The immigration rules are subject to change and applicants must meet the rules that are in place at the time that they applies for Indefinite Leave to remain.

I hope that this information will be of assistance to you.

Yours sincerely,

Amrit Haria
Immigration Group
UK Border Agency

UNQUOTE

Now go to counterpart of licence. If in endorsment section it is written FIXED PENALTY and under fine, disqualifications and other, nothing is written. Then you are SAVED.

Do update me about your findings.

Zahid

rajivilr · Post by **rajivilr** » Wed Mar 23, 2011 8:49 am

Hi All,

I met my solicitor yesterday personally and want to bring this to attention of all, I have 3 points on my licence for speeding, she asked me to mention and also to prove that it was just an FPN they need proof of payment made and the letter. I got this like 3 years or ago and dont have anything in records now with me. Is there any other way we can prove it was just a FPN.
Raj

salina02 · Post by **salina02** » Wed Mar 23, 2011 9:15 am

rajivilr wrote:Hi All,

I met my solicitor yesterday personally and want to bring this to attention of all, I have 3 points on my licence for speeding, she asked me to mention and also to prove that it was just an FPN they need proof of payment made and the letter. I got this like 3 years or ago and dont have anything in records now with me. Is there any other way we can prove it was just a FPN.
Raj

My lawyer needed only the photocopy of driving license counter part which he intend to attach with the application and mention in the application, i got the same as you 3 points on speeding and a fixed penalty.

rajivilr · Post by **rajivilr** » Wed Mar 23, 2011 9:33 am

Hi Salina,

I dont know why but my solicitor asked me to get the letter issued by police and my driving licence counterpart both and I dont know where i have the letter of FPN but i am sure i did not challenge and just accepted it, she even asked me to get a proof of payment and i dont have all of those except the counter part mentioning whatever needs to be in there really. I told her i will look for it over the weekend but I am pretty sure I wouldnt find the letter from met police but atleast i will try and dig my bank statements for that time and provide what i can get but its a hard job.

Raj

zahid.ali.anwar · Post by **zahid.ali.anwar** » Fri Mar 25, 2011 12:39 pm

rajivilr wrote:Hi Salina,

I dont know why but my solicitor asked me to get the letter issued by police and my driving licence counterpart both and I dont know where i have the letter of FPN but i am sure i did not challenge and just accepted it, she even asked me to get a proof of payment and i dont have all of those except the counter part mentioning whatever needs to be in there really. I told her i will look for it over the weekend but I am pretty sure I wouldnt find the letter from met police but atleast i will try and dig my bank statements for that time and provide what i can get but its a hard job.

Raj

The best solution will be to sent it to Nacro. This is the only agency that can guide you about the conviction etc. I have sent the scanned copy of the counterpart to the concerned person and have received the above mentioned reply(see my post).

If it is written FIXED PENALTY on counterpart and no mention of fine. etc then it is OK.

Let me make it clear. Criminal conviction is when you are arrested meaning police stops you. Tell you yoor rights, hand cuffs you and take you in to their custody. Then you go to court, presented before a Judge, the judge give you fine and punishment etc.

So no worries for you and everyone having FIXED PENALTY on their licence.

viren_patel25 · Post by **viren_patel25** » Wed Apr 06, 2011 12:59 pm

I had four Parking FPN in around year time. this was around three years ago.

will it affect me when i apply for ILR next year

dineshcv · Post by **dineshcv** » Wed Apr 06, 2011 2:36 pm

viren_patel25,

Nope, that wont affect your ILR...

ssoct98@hotmail.com · Post by **ssoct98@hotmail.com** » Wed Apr 06, 2011 9:08 pm

Dear Zahid as per my knowledge anything decided by court via fixed penalty or another considered as conviction especially fines by court,counterparts don't show fines because you paid it.Its not important that you have to go court for this.I advise you check ist with CRB by putting application with them.As applying and refused no good better apply with full records.Seniors can advise more.

kunald · Post by **kunald** » Sat Apr 09, 2011 2:16 pm

Just came across this piece of news....

DRIVERS AVOID SPEEDING PENALTIES

To summarise, if you are caught speeding at XX mph, you can avoid points on your licence if you agree to pay to complete a speed awareness course instead. LOL

Where XX = (Speed limit X 1.1) + 9.0

I know this is not of any help to those who have already had points on their license but could help those who are caught from now on. Not sure how this new development will translate to when it comes to immigration matters.

RichM · Post by **RichM** » Sat Apr 09, 2011 11:20 pm

What should be the answer for question mentioned below if I have received one FPN for box junction

Yes or No

7 . 1 Do you or any dependants who are applying with you have any criminal convictions in the
UK or any other country (including traffic offences) or any civil judgments made against you

Chuks · Post by **Chuks** » Sun Apr 10, 2011 2:15 am

Hello everyone,

Please I need advise. I have parking tickets worth of 300 pounds and i have less than 5 months to apply for ILR, How can this affect my application.

Also, I was charged with a 40 pounds fine for breach of peace which i had paid last year, Will this affect my application AS WELL?

Thanks for you help.

FZ · Post by FZ » Tue Apr 19, 2011 2:51 pm

dineshcv wrote:Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

Points on License - is it a FPN or not?

HELP NEEDED!

I have two FPN on my licence, unfortunately had in the same month, first one on 06/08/08 and the second one on 21/08/08, next year in Feb 2012 I will be applying for my ILR, can anyone tell me if this could cause problem to get ILR, under new rules introduce on 11 April 11?

tunce · Post by **tunce** » Tue Jun 07, 2011 12:51 pm

Hi,

I also have two FPNs back to back: May 2009 SP30 and July 2009 CU80. Both are fixed penalty notices but the second one is for talking on the mobile phone whilst driving. I'll apply in person on 8 July 2011 at Solihull but I'm not 100% convinced what they will make out of that. Any one got rejected for CU80 before?

There are loads of speculations on the web I but haven't heard anybody refused ILR for having any Fixed Penaly Notice yet. It looks like this is another thing that is driving all of us mad but not actually an issue. Does any one have a refusal story to tell?

Cheers,
Efe

Polat · Post by **Polat** » Tue Jun 07, 2011 1:21 pm

till now i have not heard about any refusal due to FPN ... the criminality requirements says the exception is when a person has multiple FPNs .. Mutiple means what ?? 2 or more ??? do they mean by multiple 3 and more or 2 and more ?
language wise multiple means as I understand more than two FPNs ...
any body correct me if I'm wrong please....
so in my opinion if a person has normal 2 FPNs then it is disregarded but more than that then I don't know ...
also FPN resulted from mobile calling while driving or from driving without insurance I cant really give clear idea about ...
it is good if you will let us know about the outcome of your application.
I wish you good luck with it and that you will get the ILR

tunce · Post by **tunce** » Wed Jun 08, 2011 12:54 pm

Hi guys,

After spending another sleepless night thinking about the consequences of a refusal, I tried calling UKBA helpline. I guess I should have done this earlier as the phone was answered in less than a minute!

A very polite gentleman told me reassuringly that traffic offences "no matter what they are for" as long as they are given as fixed penalty notices, won't be a problem. He told me to relax, too. He advised me to disclose them, though. I asked over and over again if mobile phone conviction or speeding conviction matters differently. He said all FPNs are the same.

I'm applying on 8 July 2011. Will keep you informed.

Efe

Polat · Post by **Polat** » Wed Jun 08, 2011 4:46 pm

I really wish you the best with your application mate
so now you going to answer to the question 7.1 yes ?
or just write a cover letter ?

minicooper · Post by **minicooper** » Thu Jul 14, 2011 11:10 am

HI DID U APPLY WITH OR WITHOUT YOUR CONVITION IN YOUR APPLICATION.IM IN THE SAME BOAT.

Scooter1 · Post by **Scooter1** » Sat Jul 23, 2011 9:04 am

I received a fixed penalty notice for texting whilst driving one month before making my applicatio on June 26th. . I paid the fine, and declared it on my application. I received my visa approval today, the FPN was no problem. But I do advise declaring it-don't try to hide anything.

Dino99 · Post by **Dino99** » Sat Oct 01, 2011 2:36 pm

Hmm I haven't hard any one refused due to FPNs.

I got Two FPNs

sp30 and in10. both FPNs with out going to court and paid on time.

so... what you guys think will it be

or

.

well.. searched enough on web but no clear answer now just waiting time till feb 11 when i am applying. surely post the out come here to help others

Immigrationboards.com: Immigration, work visa and work permit discussion board

Fixed penalty notice

Re: Changes to Settlement (ILR) from 6th April 2011

parking FPN

Parking tickets

Two FPNs CU80 and SP30

Just Called UKBA helpline