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Hi

Can someone please help me here, i received 3 plenty points for Speeding-SP 30 my local police center advised me if i can appeal against it as i we were coming back from a Doctor and my baby was crying and i was doing 50 on 30 limit my offense date was 08/07/2014.So somebody advised my that i should have nt have to appeal against it as it might effect my Naturalization so accept everything in the court and apologize. Therefore in Magistrate court i said i am sorry but they increase my points from 3 to 6 saying i have now in the Magistrates court and i was driving too fast so its gonna b 6 points and 270 fine. which has been paid and i have no other fixed penalties of driving offense since then. So should i apply for Naturalization.......

My understanding is that since it went to court it has become a court order so you cant apply until the points are taken off (3-4 years depending on offence). If points are given outside the court then its fine.

A friend of mine was in the same situation. He challenged the points when he shouldnt have and couldnt apply for Naturalisation until they came off.

Hi Zubair

Many thanks for your reply and effort. My situation is bit confusing actually. Police stopped me and gave me points outside the Court. 3 for speeding and 3 for not buckling up my Baby. but in the court i explained them that when police asked us to stop and we waited on the side road for 5 minutes before officer approached us so we had to unbuckle the baby and i should not have 3 points for not buckled up the baby. So while in the magistrates court they took the buckling offense off but add 3 more points on the top of my 3 speeding points. So its kind of half outside the court and half inside the court. Can you please advise me a bit on that. Also from DVLA website expiry of my points is 07/08/17 and they will come off from my license year after.Your prompt reply will be highly appreciated.

Thanks
Aamir

You can still apply but explain (page 22 AN form) the circumstances, keep it as simple as possible. Also obtain from the DVLA website a report on your licence points and include with your application.

Following is from the AN guide/booklet

If you have any endorsements on your driving licence you must access the DVLA website
to download and print a summary of your record and send it with your application.
Please note that a driving conviction may not be disregarded despite any penalty points being removed from your driving licence.
3.3–3.4
You must give details of all civil judgments which have resulted in a court order being made against you as well as any civil penalties under the UK Immigration Acts.

Since you challenged the conviction and went to court to admit your guilt, this now becomes a non-custodial offence and will appear on your criminal record so your application will normally be refused if you apply within 3 years of your conviction.

Hi Manka

Thanks ever so much for your effort i really appreciate your feedback . Kindly please advise me if there is any cooling off period as i have heard something about it. You see i got points on 08/07/2014 and i was in the court on 18/12/2014 and from the DVLA records offense date starts from 08/07/2014.Please advise

The booklet says application will be refused if conviction was within last 3 years so I believe its the date when court handed the order, not from the date of traffic contravention so you need to wait until 18/12/2017 but check from other sources too, thats just my estimate.

Hi Manka

i have downloaded this from the DVLA website

SP 30 Penalty Points:6 Offense date :08 July 2014

Expiry Date :8 July 2017
Remove Date 08 July 2018

Offense Details :

SP30: Exceeding Statutory Limit on a Public Road

Penality Points :6
Fine 270
Court /Fixed Penalty Office
2575:South East London Magistrates Court

Please shred some light on it and as advised by you i will be consulting a lawyer soon.

Regards
Ali

Hello there, it will be 5 years from the date of the offence. That will be the rehabilitation period. you still can apply, but your one looks like a serious offence I am afraid. Going to court makes it worse.

Hi Tan

really appreciate your response. Does that means court gave me the points . Actually points were give to me outside the court when police with hand camera stopped us.I went their to appeal if they can remove my points and send me for the awareness test and also to remove 3 points for not buckling up my child. Court took that away but kept the speeding points but add 3 more by saying that i am now in court and there will be extra Charges.Even though i did nt challenge the decision Please shred some light on it.

Thanks
Ali

Hi,

have a read through this thread please its very similar to yours and I had waited for 4 years.

http://www.immigrationboards.com/britis ... l#p1394034

Please control on your nerves and ask yourself this question that what will happen if you have to wait for your Naturalisation ?

Good luck

Hi Sam

Thanks for the clarification yes you are right i have to wait until the expiry of the points. However i visited immigration lawyer explained him that i did not challenge as outside the court i accept my offense therefore it became the court order which is non custodial offense and one has to wait for 3 years. But there is a clause saying that if in the last 12 months there is no similar or any other offense -no custodial i should go for it as i have already got ILR while having this points so Authorities knows about it and i have strong chance. Also he mentioned that the rules are being changed rapidly you never know whats rule gonna be next year. My points are not drink or drug related and i have never even got a caution.I got points via hand held camera but in the magistrates court i did nt challenged them just apologize and paid the fine after 20 days. Any comment on this will be highly appreciated

Thanks

Hi Guys

Any thoughts for my last post. Even court made me confuse by saying that they just gave me a fine but no points . Whereas from DVLA website it say Fixed Penalty Office south East Magistrates court.

Thanks
Aamir

Hi Ali,

In 2013 I got stopped by police and was issued 3 points and £60 due to tinted windows over the legal limit.
I thought the penalty was too harsh as I knew someone only got fine but no points.

I challenged it and went to court, however; magistrate not only upheld the initial decision he increased the fine from £60 to £280 (I still believe it was very harsh)

Anyway I applied for ILR in 2015 I disclosed it in the application and this year I applied for naturalisation and again I disclosed it and both of my applications approved.

Thanks
Zaidi

Hi Mr zaidi

Thanks for your reply my scenario is exactly like yours but i have got Speeding points whereas in your case they were for tinted windows.But i have nt had any offense or Caution since then. Also i declare that during my ILR.What do you think case worker should consider the fact when points have been endorsed two and a half year ago no offense for the last 12 months

Thanks
Aamir AII

Hi Ali

we can't predict what the case worker will consider.
You can wait six months before you apply or book NCS appointment and ask the person to check with home office about the conviction.
In my NCS appointment the council person wasn't sure so she called home office explained the situation and they gave a go ahead.

If you opt for this option and home office say no, then you only loose the NCS fee.

Thanks
Zaidi

Hi Zaidi

Thanks ever so much for the information . So during my NCS appointment i could find out if i should go for it or not .


Regards
Ali

Taht' what happened with me, as I wasn't sure myself so I disclosed it and then discussed it during my appointment.
Person who was dealing wasn't sure so she rang the home office(I'm sure it's not the general call centre)

Thanks
Zaidi

Hi Aamir,
I have exactly same case as yours. Did you manage to book NCS appointment and progressed with the application ? Keen to know the outcome.
Thanks
Regards
Sifat

Hi Sifat
Sorry for the late reply as i was not checking the board communications and away for a month-to Pakistan. Just arrived. I have not sent my papers i will book the NCS appointment soon.

Thanks
Aamir Ali

Hi Ali,

KIndly keep us updated about your application as some of us are in similar boats

All the best for your application.