Immigrationboards.com

hello all,
Any advice wuld be appriciated...
i attended a friends weddin in december last year, met an old friend at the receiption party who asked to borrow my car to pick up someone from the train station i borrowed him my car few weeks later a NIP letter from essex police came through the past sayin that my car was caught on a digit speed camera doing 58mph on a 50mph road...i filled the form and gave the name and adress of the person who drove the car at the time,a month later i was sent another letter and form from essex police sayin that they have tried contactin the person but no respond...they asked how im i related to the perrson and also if he or she has a driving license etc i filled the form and sent back to them since then i havent heard from them and i will be applyin for naturalization next month would this affect my application and also should i tell them about this in my AN form..im abit worried and will appriciate any advice...thanks

Regards.

if the police decide to blame you for the incident after you submit your application then you still need to inform them.

why the agonising wait? just give me them a call instead of waiting months for a letter

thank for your reply...my question is should i mension this in the AN form if they didnt get back to me before i submit and also will its affect my application if they decide to to me to court?? ...i wasnt the one drivin at the time and is not a crime to borrow someone your car but if worse come to worse and i was taken to court will it affect application????do you think if i submit throught NCS they will tell me if its ok to apply or not as im not willin to risk the fee... will appriciate any advice...Thanks

Regards

forwardever wrote:thank for your reply...my question is should i mension this in the AN form if they didnt get back to me before i submit and also will its affect my application if they decide to to me to court?? ...i wasnt the one drivin at the time and is not a crime to borrow someone your car but if worse come to worse and i was taken to court will it affect application????do you think if i submit throught NCS they will tell me if its ok to apply or not as im not willin to risk the fee... will appriciate any advice...Thanks

Regards

read this from http://www.ukba.homeoffice.gov.uk/briti ... haracter/#, at the bottom of the page there is a FAQ,

they say if you are being investigated by the police you need to wait untill the matter is resolved, the reason why it is good to call the police is that you need to know if you are still being investigated or they have already got hold of the offending party and they dont need your input anymore.

they usually do exercise discretion especially if you have a clean record.
call the NCS before hand, call the HO and call the police.

i am not sure if this constitutes a serious offence though.

i've just gone through the FAQ and found this...I have a recent conviction for a minor offence. Should I still wait until the conviction has become spent before I apply for citizenship?

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By 'minor offences' we mean speeding or other 'regulatory' offences.

Offences involving dishonesty (for example theft), violence or sexual offences are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified are also not minor offences.

i think my case fall in this category..i am clean, i havent been convicted,i am not being investigated and i am not waiting trial..but if they decide to take me to court i think i wuld still be fine becos its a SPEEDING OFFENCE which is class as minor offence,but im abit worried that they might refuse my application and ask to wait to hear from the police which might take for ever..i am not sure.. please please i need an expert advice...thanks

Regards

forwardever wrote:i've just gone through the FAQ and found this...I have a recent conviction for a minor offence. Should I still wait until the conviction has become spent before I apply for citizenship?

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By 'minor offences' we mean speeding or other 'regulatory' offences.

Offences involving dishonesty (for example theft), violence or sexual offences are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified are also not minor offences.

i think my case fall in this category..i am clean, i havent been convicted,i am not being investigated and i am not waiting trial..but if they decide to take me to court i think i wuld still be fine becos its a SPEEDING OFFENCE which is class as minor offence,but im abit worried that they might refuse my application and ask to wait to hear from the police which might take for ever..i am not sure.. please please i need an expert advice...thanks

Regards

i still dont understand why dont you call the police and ask if the matter has been resolved, also bear in mind that the HO do the checks themselves, they dont rely solely on what you put on the form. if the police have sent you something in the post it means there is something recorded against you either PNC system or local authority.


speeding fine is a minor offence so you should be ok, but you need to get a definitive answer from the police before you apply. the last thing you need is that you get convicted after you send the application and then they find out that you havent put it in the application, i think thats even worse than not mentioning it at all.

i dont have a number to call the police and secoundly i wasnt the one driving they sent me a form to assist them in findin the person who was driving at the time which i have given all the information i have about him..i will search on google to see if i can get a number to call the police but what if they say they are still looking for him, how does that affect me ????do i have to wait untill they find him???the police are not sayin anything about me or threathenin to prosecute me all they asked for, was information about the driver becos its was my car that was caught on camera,which have given all information to them....im abit confuse here since its a speedin offence the HO said We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By 'minor offences' we mean speeding or other 'regulatory' offences.....so would it make sense to put it in the form or ignore it?but even with all this as a human im still abit worried hope u understand why im seekin an expert advice to know my full right as have read some worse cases than mine with couple of CCJ and even driving offence like drivin without insurasnce but they still grant there application...If HO say they will disregard speeding offence why put it in the form and also if i didnt put it in the form and i get convicted later it wuld be for speedin and not for anything else which is what the HO class as minor offence anyway.. hope u get what i mean...i know my case is not a big case to worry about but its kind of bugs me and i would really appricate an expert advice or advice from anyone who has had similar case before applyin for BC....thanks

Regards

Can an expert or any of the moderator interpret this for me please.. i will be so greatful...

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.

does this mean i do not have to give details of my fixed penalty notices (NIP) for speeding which i dispute as i wasnt the one driving at the time and gave the dateils of the driver???


We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By 'minor offences' we mean speeding or other 'regulatory' offences


does this mean if you have already been convicted for speeding it will be disregarded?? in my case i havent been presecuted nor charged or convicted for speeding jus a (NIP) In my name as im the registered keeper of the car caught on speed camera doing 58mph on a 50mph zone do i still need to mension it when fillin the AN form...i dont have a problem putin it on the form,jus abit confuse wether to put it or not and also if it would have any effect on my application...any advice will be highly appericiated.

Regards


[/b]

I understand that you have the contact details of your friend who was driving over the speed limit.

Have you contacted that friend to see if he has got anything from the police. If he has been contacted by the police and if he has accepted the fixed penaly notice, then you dont have to worry.

Another thought - do you know if it was a rear facing Gatso speed camara or a front facing camera. If it was a front facing camera then the picture would show the drivers face and there is no reason for you to worry then. if this is the case then you can declare it on the form and also enclose the picture to prove that it wasnt you.

thnx for your reply tintin...i have contacted him once and told him abt it and he said he cant remember going that fast since then i havent heard from him the police sent me another form to fill and help them find the driver has he never respond to the NIP.. i filled the form with all the details of the driver, he his an old friend he lives in london and i live in birmingham we met at a friends weddin reception party he also drives i gave him my car becos a car was parked behind his car and he couldnt find the owner so he asked to quickly borrow mine if not i wouldnt have given him my car and to be honest im not sure if he still live at the adress i gave the police ...on the NIP its says DIGITAL SPEED CAMERA or so i cant remember...i jus hope its the one that shows the face of the driver..so should i mension this on the form im abit worried...this is still a speedin offence isnt it????even if i get prosecuted for it the HO said they will ignore a single conviction for speeding...do u think i should mension it wuld this be a problem???...i cant afford to risk 800box...thanks
REGARDS

There are a few possible scenarios:


1. You can trace your friend and he admits his fault and pays the fine - There is no problem at all then.

2. Your friend does not admit his fault and you cannot prove that he was driving - In this case speak to the police and they will be able advise you on the best way forward. The NIP will definitely have a number or address where you can contact them. You will have to take the trouble of making a few phone calls or writing a few letters. Your problem is unlikely to be solved if you dont do anything about it. Ask the police if they have a photo of the driver.

3. You admit that it was your fault and pay the fine - In this case the police may say that you lied to them at the first place by saying that your friend was driving. Hence, do not go down this route now.

I would suggest that you wait for the things to get clarified before you apply. When you do apply, I suggest that you declare this and most likely they will ignore this. You mentioned that you have commited one minor offence previously, be sure that you do not have more than one minor offence within a year.

A good idea would be to go to the nationality checking service in your area and get their advice. It will cost you 50-55 pounds but atleast you'll be speaking to experienced people who will be able to point you in the right direction.

Hope this helps.

yea its does tin tin,i think i will mension it and leave the rest to them,i am totally clean havent commited any minor or major or what ever offence before no CCJ nothing and to be honest im ready to fight for my right as its is not a crime to borrow someone your car and also there is no where the law says u shouldnt allow a friend to drive your car hope you get me..it will be too harsh for the HO to refuse my application bcos of that,surely i will mension this on my form and i will speak to a solictor about this before submitin as i called the Nationality helpline and spoke to someone first she said put it in your application form later she said called the police and ask if you are still being investigated and tell them to give u a letter sayin u are not being investigated isnt that extra obviously u knw what the police wuld say to them they wuld think im liein and might wanna make things worse how can i be under investigation when i havent done anything wronge i am the registered owner of the car caught on a speed camera does that mean im the offender and even if i was or if i get prosecuted for it later already the home office clearly said they will ignore a single conviction,mate hope u gettin my point???worse case senerio i get prosecuted and charged for speeding and even pay fine its will still be under a speedin offence and not a criminal offence so if the home office says no need to mension a speedin offence on your form and that they will ignore a single conviction for speeding why do i have to that extend of callin the police and ask for all that ....hope you understand where im comin from

i understand you are worried but in my opinion you should be picking up the phone and start making few phone calls, we already established that even if you get prosecuted your BC application will be fine.

if your friend denies everything, have some witnesses at hand, i am sure since this happened during the wedding someone must have seen him, ask the person that he picked up from train station to witness him driving the car at that time.

if you dont proactively give information to the police than they will think you are hiding something.

thanks alot dz_nostalgia,as long as it has no effect on my BC application im OK...i have witnesses my friend that got married that day is one as he knows about this, the person i gave my car is not a close friend he is an old friend from college and i dont know who he went to pick up that day i only borrowed him my car becos he couldnt get his car out of where he parked ..i have given the police all they asked for all the details i have about the driver the only thing i wasnt sure of is if he still lives in the adress i gave the police...i called him when i got the first NIP he said he cant remember drivin that fast that was the last time i heard from him since then i havent been able to reach him on phone...CLEAR CONSCIENSE FEARS NO ACCUSATION.as long as the HO doesnt refuse my application becos of this im OK..if not for my application i wont be bothered atall..i have learn a very big lesson from this..