Dear all,
I am applying for ILR and really struggling at the page asking if I have had a "criminal conviction". Could you please give me some advice in case any of you had experience on this? I spent a lot of time but couldn't find an exactly answer on this. Meanwhile, I found a lot of people having a similar situation like me but don't know what to do. I'm hoping by opening a thread on this case would help myself and benefit others who may have the same issue.
My case is:
I kept my unused old car (with a SORN) on a public road (which is a narrow road that all residences use for parking everyday). Last year, DVLA clamped the car and I paid the release fee and taxed the car.
Later on, DVLA issued me a fine via post which I didn’t receive due to failing to update my car’s address (I know it is my fault but I didn't know it at the time and thought all I need to do is to update my driving license address which I did). Then DVLA put this to Brighton Magistrates Court (I also didn’t receive any letter from the court, if there is any), then I received a letter from Marston enforcement agent a year later (this August) saying that they have been given "warrant of control" in a court order and asked for a massive fine. I was then aware of the whole case and paid the fine immediately.
I understand I could have made a statutory declaration to the court stating that I wasn't aware of the fine and the court process, but I was told via phone by a court staff that this is not a crime so I didn't make the declaration because I don't want this case to become more complicated. Some people says it is not a criminal or unrecordable. But DVLA says it is a criminal offence, however, I heard that DVLA is good at “inventing laws” and misled people. Recently I asked two solicitors found from the internet, they both suggest this is a criminal conviction.
So now my question is:
(1) In law, is it actually a criminal conviction for me? Was the fine asked by Marston a sentence of fine by the court or is it just fine from DVLA? Or is it called the "non-custodial sentence" which is mandatory to be refused in ILR application if it is unspent?
(2) If it is a minor and unrecordable criminal conviction, should I tick "I have had a criminal conviction" in ILR application? If I tick that I guess it will be refused for sure because it is unspent, according to (page 49-50 of reference (a) below) and what is the chance to win an appeal afterwards?
I still can't believe that I might be a criminal now after 6years doing research at university, living in a quiet town and not involving in any harmful thing. Any suggestions from solicitors or people who had similar experience would be much appreciated! For personal opinions that not from a solicitor or your own experience, please would you kindly indicate it so people don't get misled. I would definitely post the result of this afterwards so that more people could benefit from this thread.
Thanks a lot everyone!
Best regards,
Tim
P.S. Here attached a few searching results I had.
References:
(a) Home office Guidance for refusal:
https://assets.publishing.service.gov.u ... .0-EXT.PDF
(b) DVLA enforcement regulation saying it is a criminal offence:
https://assets.publishing.service.gov.u ... vised_.pdf
(c) Magistrate’s possible actions at a hearing:
https://www.nationaldebtline.org/EW/fac ... tdebt.aspx
(d) Discussion on a similar case but without a final conclusion:
indefinite-leave-to-remain/question-to- ... l#p1703631
(e) List of UK driving offence:
https://www.lawdonut.co.uk/personal/tra ... lty-points
(f) Motor offence for untax:
http://www.motordefenceteam.co.uk/offen ... ad-Tax.htm
(g) Different criminal record databases:
https://www.gov.uk/criminal-record-checks-apply-role