Spent conviction for FPN ?

[Saga]

Hello all,

I got an FPN. This is what my DVLA record says:-

Court/Fixed penalty office

Offence date: 18 Oct2013
Expiry date: 18 Oct 2016
Removal date: 18 Oct 2017

Offence details
CD10: Driving withoutduecareand attention
Penalty points: 3

Does the concept of 'spent/unspent' applies to above?

If yes, can I apply in Sep. 2016 or should I wait till after Oct. 2016? Do i need to wait till Oct. 2017?

Many Thanks

[devenpunjabi999]

Going by the current rules, a single FPN should not affect your application. You could even apply today. - See Q5 FAQ of the Good Charachter Requirement

[Saga]

Thanks for your reply.

As I understand it, the above offence if gotten after going to court, I would have to wait for 3 years (spent)
If awarded by police (no court involved), then no wait/spent time involved.

Am I correct ?

[devenpunjabi999]

Correct - as far as my knowledge of the rules go

[Saga]

Ok.

Which section should I fill it in?

It's not criminal conviction then is it civil penalty or caution/warning (3.4 - 3.6) or just in additional details section ?

Thanks

[devenpunjabi999]

Yes Other details. You will need to send a copy of your online driving license summary from the DVLA website

[Smam]

I think you should be fine

[Saga]

Hi guys,

I went to the NCS and the case worker was of the opinion an FPN can be treated as a 'non-custodial sentence' depending on what the offence was.

He called the H.O. and they asked if the details of the FPN. I told them £100 fine and 3 points for CD10. The H.O. also advised that it might be rejected and wait till the expiry of the offence which is 3 years from the time of the offence as recorded on the DVLA records.

I think they are now classifying the FPN's on case by case basis and depending on how they judge severity of the offence can reject on the basis of bad character.

[devenpunjabi999]

So did you apply?

I have read several cases on this forum about HO and NCS giving incorrect advise. I'm not saying they are incorrect in your case but I am not convinced they are right either. There are several cases on this Forum with FPN's within 3 years of application who have had acceptance (I am not sure what FPN though)

IMHO - CD10 is not as bad as DUI or license or insurance violations. If this is the only spot on your application then I would say apply with a small covering letter explaing how you got your FPN and mention how careful you have been since.

I have a court speeding fine from 2010 (6 points and 300 fine) and have an HMRC fine for late submission of SA in 2015. I have applied on 1 August and only disclosed the former - lets see what happens

[devenpunjabi999]

Just saw that it would be 3 years since your FPN in October 2016 - so best to just wait anyway

[Saga]

So did you apply?

No. Got another NCS appointment after the expiry date. (Cost me the NCS fee but better the loosing the application fee)

What happens if someone has 1 PCN and 1 FPN (without any points) in quick succession in the year of applying for naturalisation?

Will the expired FPN and the new FPN count as 2 or just 1 ?

[Saga]

I have read several cases on this forum about HO and NCS giving incorrect advise. I'm not saying they are incorrect in your case but I am not convinced they are right either. There are several cases on this Forum with FPN's within 3 years of application who have had acceptance (I am not sure what FPN though)

I had also called the H.O. helpline telling them exactly about the points / fine etc. and I was told it should be disclosed but "unlikely to affect the outcome of the application" Little did the helpline know !

[devenpunjabi999]

What happens if someone has 1 PCN and 1 FPN (without any points) in quick succession in the year of applying for naturalisation?

IMHO - PCN's should have no impact on the application and dont need to be disclosed. This seems to be the consensus on this forum. 1 PCN shoudl be ok. I have had so many parking tickets (a couple in the year of application) that I have lost count (probably around 10 in the last 5-6 years and I am not proud of it). I have also had one for Juntion box and one for cycling in the royal parks. I paid all of them in time and didnt disclose any.

Again some people have disclosed PCN's but I decided not too. I read a very vaild point somewhere in this forum where Parking fines are issued to the Car and not the driver. Also it would take an effort for HO to check with each council in UK.

My application is not the most strightforward so keeping my finger crossed. I dont think you have much to worry with 1 PCN and FPN.

[devenpunjabi999]

I received my approval last week - hope this information helps

Quite a few PCN's (maybe 6 to 8 fines) - mainly council and private parking tickets and one for cycling in royal parks. Did not declare any

HMRC fine (£1500) for late SA submission. Paid on time and did not declare. More importantly did not ever use this income for any HO application.

FPN for speeding issued in court November 2010. Ticked yes for criminal convictions and Declared this