Potential court summon from fixed penalty notice

[Oposum]

Hello,

I have just found out today that during the last rental from Zip Car, when I rented the car together with a friend, my friend drove 46mph in 40mph limit zone. This was 6 months ago, however I found out about this today.

Since he was recorded by the camera, Metropolitan Police sent letter to zip car asking them to identify who rented the car and zipcar gave my details. However, since I moved my home over a year ago, and ZipCar had old billing address, I never received the letter about this and I have no idea what is the current status of the ticket. I called zipcar but they said that they did what they had to do and that now it depends on Metropolitan Police.

My friend is happy to confirm that he was driving and to pay the fine. Since this is A band fine, it will probably be 100gbp so that is the least of our worries. What worries me is that police may have sent the fine on my name, then since I never received it they might have recorded it as unpaid and potentially they could have issued court summon? Is this scenario possible to happen within 6 months?

Furthermore, since the photo from the camera will show him as a driver, and since I have at least 4 different proofs of address showing that I live on different address and that zipcar sent the wrong address, I hope that if I go to court I can successfully explain the situation for late payment and transfer the ticket, I will be not guilty for this.

If I go to court but I am not guilty, where I prove the different driver and that I never received the letter, would this impact my ILR application? I would like to apply in 12 months.

Thank you!

[CULLINAN]

This will not impact your ILR in any case.

As speeding fine - FPN or even if given by court - is not recorded on your criminal record. For ILR purpose, this will have no impact.

However, if you are fined by the court i.e. if the case leads to court and you are fined (not FPN), you will have a criminal conviction which may impact your Naturalisation application for 3 years under good character requirements.

If you get fined by court, you must declare it for both ILR and AN but it will not impact ILR.

You need to chase at what stage this is and try to sort it as soon as possible to avoid further complications. Worth fighting the case to avoid complications at Naturalisation stage. Try your best to get the police issue you a new FPN (on your friend’s name or yours) as the address was wrong. FPN alone is not a criminal conviction and will not affect even your AN application.

[Oposum]

Thank you for reply!

I was able to call police this morning to 020 7230 1199 (working hours are only from 9am to noon) and I was told that they have my old address in file but that I can download copy of form that they sent to zipcar and I can fill it and send it to them. They also said that it isn't too late, so all good. I am now waiting for my friend's details and I will pass them to police.