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Traffic Offence - Criminality ?

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Saga
Member
Posts: 235
Joined: Sun Oct 16, 2005 9:16 pm

Traffic Offence - Criminality ?

Post by Saga » Fri Mar 13, 2015 6:52 pm

Hello,

I know this have been asked before but it seems to me every case is unique and decisions were different.

I was stopped by the police and charged for speeding on motorway plus lane hogging.

I was charged £100 and 3 points on my license.

I had paid it promptly. This did not go to court.

Does this constitute a criminal record?

What can I do to mitigate my chances of a refusal ?

Where can I declare it on the SET(O) form?

Many Thanks

Omor4real
Member
Posts: 103
Joined: Wed Jul 09, 2014 3:31 am

Re: Traffic Offence - Criminality ?

Post by Omor4real » Fri Mar 13, 2015 8:43 pm

Saga wrote:Hello,

I know this have been asked before but it seems to me every case is unique and decisions were different.

I was stopped by the police and charged for speeding on motorway plus lane hogging.

I was charged £100 and 3 points on my license.

I had paid it promptly. This did not go to court.

Does this constitute a criminal record?

What can I do to mitigate my chances of a refusal ?

Where can I declare it on the SET(O) form?

Many Thanks

They clearly state that it does not constitute to a criminal record because you did not admit guilt, but if you fail to pay the money then a criminal offence has been committed. There is a section for Fixed Penalty after the criminal record section. That is where i put mine and i also send my counterpart as proof with my application. Mine was driving not in accordance with licence £65 fine and three point.

Saga
Member
Posts: 235
Joined: Sun Oct 16, 2005 9:16 pm

Re: Traffic Offence - Criminality ?

Post by Saga » Sat Mar 14, 2015 7:46 am

Hello,


They clearly state that it does not constitute to a criminal record because you did not admit guilt, but if you fail to pay the money then a criminal offence has been committed.
You mean I did admit guilt ? As I had paid the amount.
There is a section for Fixed Penalty after the criminal record section. That is where i put mine and i also send my counterpart as proof with my application. Mine was driving not in accordance with licence £65 fine and three point.
Sorry but what do you mean by counter proof ?

Thanks for your help

leavetoremain
Junior Member
Posts: 68
Joined: Sat Jul 27, 2013 12:14 pm

Re: Traffic Offence - Criminality ?

Post by leavetoremain » Sat Mar 14, 2015 12:46 pm

Think court summons will impact your application but not fixed penalties.

Omor4real
Member
Posts: 103
Joined: Wed Jul 09, 2014 3:31 am

Re: Traffic Offence - Criminality ?

Post by Omor4real » Sat Mar 14, 2015 5:26 pm

Saga wrote:
Hello,


They clearly state that it does not constitute to a criminal record because you did not admit guilt, but if you fail to pay the money then a criminal offence has been committed.
You mean I did admit guilt ? As I had paid the amount.
There is a section for Fixed Penalty after the criminal record section. That is where i put mine and i also send my counterpart as proof with my application. Mine was driving not in accordance with licence £65 fine and three point.
Sorry but what do you mean by counter proof ?

Thanks for your help
No you didn't admit guilt as you didn't go to court that is according to them .

Counterpart is the slip that normally come with your driver's licence, as that is where they put the point.

montysingh
Member
Posts: 128
Joined: Wed Aug 20, 2008 8:12 pm

Re: Traffic Offence - Criminality ?

Post by montysingh » Sat Mar 14, 2015 9:08 pm

Saga wrote:Hello,

I know this have been asked before but it seems to me every case is unique and decisions were different.

I was stopped by the police and charged for speeding on motorway plus lane hogging.

I was charged £100 and 3 points on my license.

I had paid it promptly. This did not go to court.

Does this constitute a criminal record?

What can I do to mitigate my chances of a refusal ?

Where can I declare it on the SET(O) form?

Many Thanks

hello mate

if the case did not go to court and you paid fine outside of the court along with points, then you are absolutely fine, DO NOT worry at all.
but do declare it on the application form

Saga
Member
Posts: 235
Joined: Sun Oct 16, 2005 9:16 pm

Re: Traffic Offence - Criminality ?

Post by Saga » Sun Mar 15, 2015 8:41 am

The section 7.1 asks to declare criminal convictions only.

So if I understand you guys correctly, though an FPN is not a criminal conviction, I should still say 'yes' in 7.1 and fill in the details in sec. 7.2.

Correct?

Omor4real
Member
Posts: 103
Joined: Wed Jul 09, 2014 3:31 am

Re: Traffic Offence - Criminality ?

Post by Omor4real » Sun Mar 15, 2015 8:31 pm

Saga wrote:The section 7.1 asks to declare criminal convictions only.

So if I understand you guys correctly, though an FPN is not a criminal conviction, I should still say 'yes' in 7.1 and fill in the details in sec. 7.2.

Correct?
you will tick No for criminal conviction don't convince yourself. I put my own where they asked about civil penalty and that was the reason why i sent the counterpart to show them what am taking about.

Look fixed penalty are not issue, you start having problem only when you start having two or more over short period of time. I only declare mine because this people might pull it out and they might start saying why didn't declare it. you know what i mean false declaration blah blah.

montysingh
Member
Posts: 128
Joined: Wed Aug 20, 2008 8:12 pm

Re: Traffic Offence - Criminality ?

Post by montysingh » Sun Mar 15, 2015 11:47 pm

Hello mate

You will need to tick 7.3 as NO

Saga
Member
Posts: 235
Joined: Sun Oct 16, 2005 9:16 pm

Re: Traffic Offence - Criminality ?

Post by Saga » Tue Mar 31, 2015 8:31 am

montysingh wrote:Hello mate

You will need to tick 7.3 as NO
I think 7.3 is the only place mentioning a civil penalty, correct? I will tick that as 'yes' and provide details of the FPN.

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