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Spent conviction for FPN ?
Posted: Sun Aug 28, 2016 5:36 pm
by 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
Re: Spent conviction for FPN ?
Posted: Mon Aug 29, 2016 8:12 am
by 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
Re: Spent conviction for FPN ?
Posted: Mon Aug 29, 2016 1:08 pm
by 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 ?
Re: Spent conviction for FPN ?
Posted: Mon Aug 29, 2016 2:07 pm
by devenpunjabi999
Correct - as far as my knowledge of the rules go
Re: Spent conviction for FPN ?
Posted: Tue Aug 30, 2016 8:34 am
by 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
Re: Spent conviction for FPN ?
Posted: Wed Aug 31, 2016 10:28 am
by devenpunjabi999
Yes Other details. You will need to send a copy of your online driving license summary from the DVLA website
Re: Spent conviction for FPN ?
Posted: Sun Sep 04, 2016 10:36 am
by Smam
I think you should be fine
Re: Spent conviction for FPN ?
Posted: Wed Sep 07, 2016 5:22 pm
by 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.
Re: Spent conviction for FPN ?
Posted: Wed Sep 07, 2016 7:42 pm
by 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
Re: Spent conviction for FPN ?
Posted: Wed Sep 07, 2016 10:19 pm
by devenpunjabi999
Just saw that it would be 3 years since your FPN in October 2016 - so best to just wait anyway
Re: Spent conviction for FPN ?
Posted: Thu Sep 08, 2016 9:19 am
by 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 ?
Re: Spent conviction for FPN ?
Posted: Thu Sep 08, 2016 9:21 am
by Saga
devenpunjabi999 wrote:
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 !

Re: Spent conviction for FPN ?
Posted: Thu Sep 08, 2016 3:23 pm
by 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.
Re: Spent conviction for FPN ?
Posted: Mon Nov 21, 2016 10:35 am
by 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