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Traffic conviction , how to determine if they have been spen

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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rajbrinder
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Posts: 2
Joined: Mon Mar 12, 2012 4:42 pm

Traffic conviction , how to determine if they have been spen

Post by rajbrinder » Mon Mar 12, 2012 4:56 pm

Hi
I have gone through various threads with similar discussions about traffic convictions. Here is the timeline of offences:

May2005 - Overspeeding ticket .. as I was on International DL they reffered my case to court. If I correctly remember they asked me to pay 60£ fine. I paid up the fine but I am not sure about the rehab period of 5 years whether my offence qualified for this 5 year sentence.

Feb-Mar 2007 - Again overspeeding ticket .. I am not sure whether this was decided by court or I got a Fixed Penality notice. But my licence was marked with 3 points + 60£ fine.

My problem is that I have lost the letters from court or police when I committed these offences and not even sure about the dates of offence or date of conviction.

I wanted to apply for CRB but looking at responsed on other threads it appears as if CRB doesnt capture information about traffic offences.

Well, I applied for ILR in Aug 2009 which was successful.

Now I am bit concerned whether to mention these offences or not . Can someone please assist.

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Re: Traffic conviction , how to determine if they have been

Post by Smallfamily » Tue Mar 13, 2012 11:11 am

rajbrinder wrote:Hi
I have gone through various threads with similar discussions about traffic convictions. Here is the timeline of offences:

May2005 - Overspeeding ticket .. as I was on International DL they reffered my case to court. If I correctly remember they asked me to pay 60£ fine. I paid up the fine but I am not sure about the rehab period of 5 years whether my offence qualified for this 5 year sentence.

Feb-Mar 2007 - Again overspeeding ticket .. I am not sure whether this was decided by court or I got a Fixed Penality notice. But my licence was marked with 3 points + 60£ fine.

My problem is that I have lost the letters from court or police when I committed these offences and not even sure about the dates of offence or date of conviction.

I wanted to apply for CRB but looking at responsed on other threads it appears as if CRB doesnt capture information about traffic offences.

Well, I applied for ILR in Aug 2009 which was successful.

Now I am bit concerned whether to mention these offences or not . Can someone please assist.
No you don't have to mention them... you should be fine. they all more than 5 yrs old now :wink:

rajbrinder
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Posts: 2
Joined: Mon Mar 12, 2012 4:42 pm

Date of conviction

Post by rajbrinder » Wed Mar 14, 2012 3:32 pm

Thanks for your response. I called DVLA regarding my previous endorsement. Following are the details:

Offence code : sp30
date of offence: 3rd march 2007
Date of conviction: 22nd Oct 2007
Fine : 60£
Penality points 3

Do I still need to mention this on my application as date of conviction is less than 5 years old. Does this conviction also has rehab period of 5 years.

zeeshop
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Posts: 20
Joined: Sat Mar 21, 2009 12:33 pm

Post by zeeshop » Wed Mar 14, 2012 6:40 pm

Hi,

I am on same situation as well, but my date of conviction was 02 April 2007.
points removed from license, and in my application form, I didn't declare these as conviction. Reason was my CRB was done in July 2011 and no conviction was recorded in this CRB disclosure. so I thought I should be fine.

now I need advise shall I send letter to UKBA to clarify why i didn't declare these old convictions, and also send copy of CRB discloure to UKBA?

thanks

doubletrouble
Member
Posts: 182
Joined: Fri Mar 10, 2006 7:41 pm

Post by doubletrouble » Wed Mar 14, 2012 6:51 pm

You are safe not to disclose if your conviction date is more than 5 years. Rehab period for fine is 5 years from the date of conviction.

FPN need not be mentioned.

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Re: Date of conviction

Post by Smallfamily » Thu Mar 15, 2012 6:00 pm

rajbrinder wrote:Thanks for your response. I called DVLA regarding my previous endorsement. Following are the details:

Offence code : sp30
date of offence: 3rd march 2007
Date of conviction: 22nd Oct 2007
Fine : 60£
Penality points 3

Do I still need to mention this on my application as date of conviction is less than 5 years old. Does this conviction also has rehab period of 5 years.
Yes in this case you must mention as date of conviction is less than 5 years old...now important bit - if you had to go to the court where you pleaded guilty then you shouldn't apply until 22nd Oct 2012 but if you didn't go to the court then you will be fine... hope that helps!

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Post by Smallfamily » Thu Mar 15, 2012 6:05 pm

zeeshop wrote:Hi,

I am on same situation as well, but my date of conviction was 02 April 2007.
points removed from license, and in my application form, I didn't declare these as conviction. Reason was my CRB was done in July 2011 and no conviction was recorded in this CRB disclosure. so I thought I should be fine.

now I need advise shall I send letter to UKBA to clarify why i didn't declare these old convictions, and also send copy of CRB discloure to UKBA?

thanks
Mate unfortunately CRB doesn't pick up traffic convictions... so as I said in my earlier post if you had to go to the court where you pleaded guilty then you shouldn't have applied until 2nd April 2012 but if you didn't go to the court then you will be fine... but u should inform HO in both cases! hope that helps!

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Post by Smallfamily » Thu Mar 15, 2012 6:07 pm

doubletrouble wrote:You are safe not to disclose if your conviction date is more than 5 years. Rehab period for fine is 5 years from the date of conviction.

FPN need not be mentioned.
Yes you are safe only if you were not pleaded guilty in the court.

zeeshop
Newly Registered
Posts: 20
Joined: Sat Mar 21, 2009 12:33 pm

Post by zeeshop » Thu Mar 15, 2012 7:25 pm

Thanks for reply mate.

What method Ukba use to check traffic convictions then,If crb doesn't show this how Ukba check for this then.

I remember I recieved summons and they asked I donot have to come in court if I admit guillt or something similar, I had to pay additional court fees in addition of £60 fine and 3 points. Do you think this counts as conviction and remain for 5 years?

I already sent letter to Ukba and explain reason why I didn't declare these conviction that as per my understanding they r spent.
What you suggest if this letter is suffecient explanation.
I hope my application will be decided after 02 April 2012 , as even if mine is conviction this should count as spent.
will UKBA consider this from date of application or date of decision?

Any suggestion?
thanks..
What could happen now ?
Thanks

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Post by Smallfamily » Thu Mar 15, 2012 10:05 pm

zeeshop wrote:
What method Ukba use to check traffic convictions then,If crb doesn't show this how Ukba check for this then.
Not really sure but they do have special access to records which we don't have...
zeeshop wrote:
I remember I recieved summons and they asked I donot have to come in court if I admit guillt or something similar, I had to pay additional court fees in addition of £60 fine and 3 points. Do you think this counts as conviction and remain for 5 years?

Sorry i didn't get you...are u saying you didn't go to the court but pay extra court fee?
zeeshop wrote: I already sent letter to Ukba and explain reason why I didn't declare these conviction that as per my understanding they r spent.
What you suggest if this letter is suffecient explanation.

Yes just don't hide anything...be honest :wink: Honesty is the best policy :)
zeeshop wrote: I hope my application will be decided after 02 April 2012 , as even if mine is conviction this should count as spent.
will UKBA consider this from date of application or date of decision? .
It now completely depends on ur caseworker but the fact is that UKBA consider this from date of application.

Good luck

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