Unsuccessful applications

[bale541]

Hi Guys
Unfortunately my application has been refused due to court conviction.
In January 2014 I was pulled over by police due to two road offences ( speeding and jump through red light).
Police reported me to prosecutor fiscal. In court police dropped one charges and I was guilty for speeding( SP 30 and £100 fine) . There were no hearing I only went to the court and guilty myself for speeding.
Any idea guys can I submit for review or have to wait three more year for new application.

[ak_akhan]

I applied through NCS for naturalisation in July, received a letter to send original life in the UK test and my city and guilds esol pass certificate entry level 3, which I send, received another letter today to send full esol certificate.

The one I have got says certificate of unit credits towards certificate. My friends wife got her naturalisation through the same certificate passed from the same center in Liverpool. So I don't understand why they are questioning mine.
I will call city and guilds on Monday to see what they say.

I would appreciate some advice from you guys as in past I have always got my answers through this forum.
Thanks

[Serina26]

Sorry if I'mposting to ask a question and not to provide an answer.

My application was turned dow because of a congestion charge that I appealed.

1. On 15th July I entered the congestion charge to visit a clinic in central london. This was to sort out the final preparations (sign paperwork, consent forms, etc) related to an important (invasive) surgery I was due to have early the next day. This surgery was vital for me. It required overnight hospitalisation

After my visit to the clinic, I drove back home, packed my suitcase and went to bed very early as I had be up at 5:30 for I to be at hospital at 7am in the next morning. In the process it slipped my mind that I had to pay for congestion charge. I was very anxious and nervous; I had a lot on my mind as - just like all other surgeries- I had to go through this one on my own, for I don't have anyone in this country to take care of me post surgery.

While waiting for surgery early morning in my operating gown, I remembered I had to make a payment. I run to my locker and tried make a payment on my mobile phone but my phone internet connection was not very good in the hospital building. I tried to make a payment but had a few error messages coming up on the screen. I could not call congestion charge to make a payment over the phone as it was quite early in the morning and they were still not open. I went through surgery that day. It lasted about 8 hours, during which I was under general anaestehia. I woke up feeling very drowsy and sick, unable to move. The following day, I got discharged late afternoon and -despite the dizziness and drownsiness caused by the powerful general anesthesia- I called Congestion charge as soon as I got back home. I was told the 48 hours allowed to make a payment for the CT had lapsed and that I had to wait for the penalty charge to arrive in the post to be able to ask for a reconsideration. I tried to explain that due to my surgery circumstances, I was not in a position to make a payment for most of the 48 hours allowed to make a payment and that I should be given an extension of 24 hours for my extenuating circumstances. But the operator advised there was nothing that could be done,; that I had to wait until I received the penalty in the post before I could ask for it to be reconsidered.

On the same day I received the penalty, I wrote the Congestion Charge explaining my circumstances (see attached evidence on 24th July 2013), but they dismissed it. I ten was given the OPTION to appeal it to the Traffic Appelate Authority.

Since I genuinely felt I had a fair case, I referred the matter to the Traffic Appelate Authority by completing the necessary forms and posting them. I did this on the same day I received the response (within the time frame allowed). However the my appeal was turned down and I had to pay. However, in the decision letter, the adjudicator stated he did not rule on any malice intent (This was stated in the decision letter); that he could only dismiss the penalty if:

(a) The appelant was not the registered keeper of the vehicle at the time of the contravention.
(b) The relevant charge was paid at the time and in the manner required
(c)No penalty is payable under the congestion charging scheme.
(d) The vehicle was used without the consent of the registered keeper.
(e) The penalty charge exceeded the amount applicable in the circumstances of the case
(d) The appelant if a vehicle-hire firm



Not only I accepted th the adjudicator's decision and I made a payment to Congestion Charge straight away, but I also set up Auto-Pay with them so that in the future my payment would be made automatically should I have to go through similar extenuating circumstances in the future. I was also allowed to pay the reduced amount of £65 (instead of £130) as I paid within the next 15 days allowed.

From the above, it is clear that there was no malicious intent establised in the adjudicator's letter regarding the way I handled the CT charge. No malicious intent on my behalf not to pay the CT or avoid the penalty notice. I just followed the process in place to have a chance of my case being heard and adjudicated. Once it was, I accepted the findings and took steps to prevent the sitaution from occuring in the future.

I am self-employed, and this is the only penalty charge I've had during the last 12 years I've been in the UK

[akhurshid]

Sorry to hear about your refusal.
Did HO explain why it is being turned down? did you declare it on application form?

[Serina26]

Sorry to hear about your refusal.
Did HO explain why it is being turned down? did you declare it on application form?

Yes I did. They said it affects my "good character requirements" lol

[royh]

Yes I did. They said it affects my "good character requirements" lol

They took your £1k and banned you for 10 years for a congestion charge (that you declared too)? There are no words. It's actually frightening to the ppl applying since they might nitpick whatever they can get their hands on as a reason not just good character requirements either. Maybe some bad press over this might do something, your banned for 10 years so you have nothing to lose (imo).

[ouflak1]

I don't believe you will be banned for ten years if you've declared it. It's just unfortunate that some unspecified time will have to elapse before you really can apply again. I have to wonder if the case was a former employee of that council or something. A congestion charge is controversial in the first place. What reflection that would be of one's character, I can't imagine.

[ban.s]

You'll need to wait for (minimum) 3 years from the Traffic Appelate Authority decision date before you choose to reapply.

also see Q5 - FPN

[Serina26]

Well, it's actually they said two years since the the penalty occured in 2013.

I have gone through all the good character requirements on the HO website. My traffic "offence" does not fall under any of the four main reasons for refusal of an application based on good character requirements. It is not even a non-custodial sentence as the latter needs to be handed in by a judge in criminal proceedings. However, a an unseccessful challenge of pcn can be considered as a conviction, which needs to be taken into account. But according to the HO guidelines, should ONLY be considered grounds for refusal if you have multiple offences. In my case, this is the only traffic offence that I appealed that led to a "conviction". Again it happened under extenuating circumstances. In fact, I never had any offences whatsoever.

I am going to see my MP next week regarding this matter

Serina

[akhurshid]

It is indeed odd to refuse so meone on those basis. I would seek legal assistance before seeing an MP.

[ban.s]

3 years from the Traffic Appelate Authority decision date so effectively 2 years from now.

If it's FPN or PCN - which are not conviction - then usually multiple offerences lead to refusal.
In this case it was considered as conviction not an offence.

[Serina26]

3 years from the Traffic Appelate Authority decision date so effectively 2 years from now.

If it's FPN or PCN - which are not conviction - then usually multiple offerences lead to refusal.
In this case it was considered as conviction not an offence.

Where does it say "3 years from the Traffic Appelate Authority"? It says court, not "Traffic Appelate Authority".

[Serina26]

For your info it's called "Parking and Traffic Appeals Service" lol.

Besides, this is a not a non-custodial sentence as a non-custodial sentence needs to be issued at the end of a case involving criminal proceedings. It also needs to be handed in by a judge of law, not an adjudicator in a civil tribunal.

A conviction Conviction
The outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of the crime charged.

Just consulted a solicitor. None of this applies to my case.

[ban.s]

Agree. I misinterpreted Traffic Appelate Authority with Immigration Appellate Authority ...infact there is no entity as Traffic Appelate Authority ...for London parking and traffic it's PATAS.
so can you post the exact reason for refusal?
perhaps you can apply to reconsider the decision?

[Serina26]

Agree. I misinterpreted Traffic Appelate Authority with Immigration Appellate Authority ...infact there is no entity as Traffic Appelate Authority ...for London parking and traffic it's PATAS.
so can you post the exact reason for refusal?
perhaps you can apply to reconsider the decision?

It said "applicant has a conviction", which is an error on their behalf:

I have no conviction as a conviction is a sentence handed in by a judge in a court of law at the end of criminal proceedings.

Further, on the HO website, it says :

3.2 Fixed Penalty Notices, Penalty Charge Notices & Penalty Notices


Where a fixed penalty notice or fiscal fine has been referred to a court due to non-payment or
the notice has been unsuccessfully challenged by the person in court, the decision maker will
consider this as a conviction and assessed in line with the new sentence imposed.

Mine was a PCN, not an FPN. The difference between the two is that the Fixed Penalty Notice (FPN) is that a FPN can lead to criminal prosecution if not paid.

[Serina26]

You'll need to wait for (minimum) 3 years from the Traffic Appelate Authority decision date before you choose to reapply.

also see Q5 - FPN

Mine is PCN, NOT a FPN lol

[jabajaw]

did you declare the FPN in your application?

[Serina26]

did you declare the FPN in your application?

I did

Mine was a PCN, not an FPN. The difference between the two is that the Fixed Penalty Notice (FPN) is that a FPN can lead to criminal prosecution if not paid.

[JAYSON65]

Sorry if I'mposting to ask a question and not to provide an answer.

My application was turned dow because of a congestion charge that I appealed.

1. On 15th July I entered the congestion charge to visit a clinic in central london. This was to sort out the final preparations (sign paperwork, consent forms, etc) related to an important (invasive) surgery I was due to have early the next day. This surgery was vital for me. It required overnight hospitalisation

After my visit to the clinic, I drove back home, packed my suitcase and went to bed very early as I had be up at 5:30 for I to be at hospital at 7am in the next morning. In the process it slipped my mind that I had to pay for congestion charge. I was very anxious and nervous; I had a lot on my mind as - just like all other surgeries- I had to go through this one on my own, for I don't have anyone in this country to take care of me post surgery.

While waiting for surgery early morning in my operating gown, I remembered I had to make a payment. I run to my locker and tried make a payment on my mobile phone but my phone internet connection was not very good in the hospital building. I tried to make a payment but had a few error messages coming up on the screen. I could not call congestion charge to make a payment over the phone as it was quite early in the morning and they were still not open. I went through surgery that day. It lasted about 8 hours, during which I was under general anaestehia. I woke up feeling very drowsy and sick, unable to move. The following day, I got discharged late afternoon and -despite the dizziness and drownsiness caused by the powerful general anesthesia- I called Congestion charge as soon as I got back home. I was told the 48 hours allowed to make a payment for the CT had lapsed and that I had to wait for the penalty charge to arrive in the post to be able to ask for a reconsideration. I tried to explain that due to my surgery circumstances, I was not in a position to make a payment for most of the 48 hours allowed to make a payment and that I should be given an extension of 24 hours for my extenuating circumstances. But the operator advised there was nothing that could be done,; that I had to wait until I received the penalty in the post before I could ask for it to be reconsidered.

On the same day I received the penalty, I wrote the Congestion Charge explaining my circumstances (see attached evidence on 24th July 2013), but they dismissed it. I ten was given the OPTION to appeal it to the Traffic Appelate Authority.

Since I genuinely felt I had a fair case, I referred the matter to the Traffic Appelate Authority by completing the necessary forms and posting them. I did this on the same day I received the response (within the time frame allowed). However the my appeal was turned down and I had to pay. However, in the decision letter, the adjudicator stated he did not rule on any malice intent (This was stated in the decision letter); that he could only dismiss the penalty if:

(a) The appelant was not the registered keeper of the vehicle at the time of the contravention.
(b) The relevant charge was paid at the time and in the manner required
(c)No penalty is payable under the congestion charging scheme.
(d) The vehicle was used without the consent of the registered keeper.
(e) The penalty charge exceeded the amount applicable in the circumstances of the case
(d) The appelant if a vehicle-hire firm



Not only I accepted th the adjudicator's decision and I made a payment to Congestion Charge straight away, but I also set up Auto-Pay with them so that in the future my payment would be made automatically should I have to go through similar extenuating circumstances in the future. I was also allowed to pay the reduced amount of £65 (instead of £130) as I paid within the next 15 days allowed.

From the above, it is clear that there was no malicious intent establised in the adjudicator's letter regarding the way I handled the CT charge. No malicious intent on my behalf not to pay the CT or avoid the penalty notice. I just followed the process in place to have a chance of my case being heard and adjudicated. Once it was, I accepted the findings and took steps to prevent the sitaution from occuring in the future.

I am self-employed, and this is the only penalty charge I've had during the last 12 years I've been in the UK

Sorry to read about your refusal Serina.
I hope all goes well when you appeal this properly.
Really enjoyed chats with you before I submitted my application .
You take care.

[Serina26]

Thanx Jason,

I managed to get a statement from the adjudicator who issued me with a pcn stating that it was not a cnviction of any kind so hopefully reconsideration shoud be successful

Serina

[royh]

After reading your situation, I really hope you get a successful appeal on this.

[Serina26]

Thanks Roys, my solicitor has sent a reconsideration request, and I'm awaiting a reply.

Serina

[ladapower]

Hi there,

I am new in this site, and there are loads of info that is just overwhelming

So here is my story... I am Hungarian (A8 country) and I've been in the UK for a bit more than 6 years. When I first came, I registered with the WRS but resigned from my first job just before the 12 months completed (8 days short... A bit angry now...).
After about 3 months I went back to the same employer but didn't register again as in that time I didn't know I have to do it again.

Couple of days ago I went to the NCS and I was told, because I resigned 8 days before my 12 months completed I cannot apply for BC and I have two options:

1) Wait till 2017 and try again or;
2) Apply for resident card, hold it 12 months and try again.

Here is my confusion: the 2nd option is kinda new for me, as I am not sure which resident card I suppose to go for: EEA2 or EEA4? I guess EEA2 but I still don't know how does it affect the fact I didn't complete the required WRS period?
Also I red the FAQ and this site doesn't mention anything about it.. Just this:

Q6: I'm an EEA national from A8 country. I never registered with WRS and the scheme has been abolished in 2011. Can I still apply for naturalisation?

Under EEA regulations, EEA nationals from the new joiners in 2004 (the A8 countries) were required to register with the HO within 30 days of starting employment (there were exemptions in certain cases). This scheme was abolished in April 2011. It was the responsibility of the employee to register.

If you never registered, then your employment years can't be counted as lawful under the EEA regulations and will not lead to PR and British citizenship. This means that your 5 years for PR (and 6 years for BC) started in May 2011 (when the scheme was closed). You should be able to apply for naturalisation in 2017.

Summary: I am working here for more than 6 years ago. All my papers, payslips, P60s, etc, included my referees are fine, except this little annoying shortage of the WRS.

What options do I have?

If anyone could help me with this confusion.... Well that would be wonderful

Thanks,
LP

[EU2015]

Ok this worries me.. I got my licence suspended for 6 months after driving without proper insurance (it was my wifes car, long story) I also have 2 speed camera tickets.. this was a year ago, I appealed but lost and had to pay. I do not have a criminal record of any kind.

I haven't yet sent the paperwork, is this something I should mention? will it automatically disqualify me?


thanks

[akhurshid]

Ok this worries me.. I got my licence suspended for 6 months after driving without proper insurance (it was my wifes car, long story) I also have 2 speed camera tickets.. this was a year ago, I appealed but lost and had to pay. I do not have a criminal record of any kind.

I haven't yet sent the paperwork, is this something I should mention? will it automatically disqualify me?


thanks

Please list offences including date of offence and appeal/court decision.