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Declaring Trafic contraventions

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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jalal.din
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Location: London

Declaring Trafic contraventions

Post by jalal.din » Fri Apr 24, 2009 1:36 pm

Hi,
I got few parking tickets here and there in last few months and also recieved a trafic contravention penality charge notice.

It says:
50 failing to comply with a sign indicating a prohibited turn bla bla. and I am supposed to pay charge of 60 pounds in 14 days or 120 in 28 days. Do I need to declare all this mess in tier 1 application?

thanks for help.
regards,
Jalal

ChetanOjha
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Re: Declaring Trafic contraventions

Post by ChetanOjha » Fri Apr 24, 2009 1:48 pm

Hi Jalal,

Just pay off the fine. No need to declare these penalties in application. This is not "Criminal" offense.

You will be fine without mentioning these.


jalal.din wrote:Hi,
I got few parking tickets here and there in last few months and also recieved a trafic contravention penality charge notice.

It says:
50 failing to comply with a sign indicating a prohibited turn bla bla. and I am supposed to pay charge of 60 pounds in 14 days or 120 in 28 days. Do I need to declare all this mess in tier 1 application?

thanks for help.
regards,
Jalal

psdesai
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Re: Declaring Trafic contraventions

Post by psdesai » Fri Apr 24, 2009 2:38 pm

Hi ,

You will need to declare these in your application even if this is not criminal conviction. I have called ho (as I am-was in similar situation) and they told me to include any conviction including traffic offences.
Though they said it will not effect your application as its only minor offence. (I haven't read the latest application form so read the latest application form if it says "... including traffic offences" then put it in)

Its better to put this in your application now then problems letter.

After declaring this in my application I got my HSMP approved without any problem.

Also one more thing ... like chetanojha said pay off fine . DO NOT APPEAL OR GO TO COURT . It will just make things complicated.

Hope this helps.
chetanojha wrote:Hi Jalal,

Just pay off the fine. No need to declare these penalties in application. This is not "Criminal" offense.

You will be fine without mentioning these.


jalal.din wrote:Hi,
I got few parking tickets here and there in last few months and also recieved a trafic contravention penality charge notice.

It says:
50 failing to comply with a sign indicating a prohibited turn bla bla. and I am supposed to pay charge of 60 pounds in 14 days or 120 in 28 days. Do I need to declare all this mess in tier 1 application?

thanks for help.
regards,
Jalal

ChetanOjha
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Location: London
United Kingdom

Re: Declaring Trafic contraventions

Post by ChetanOjha » Fri Apr 24, 2009 3:15 pm

Application forms says "E1. Has the applicant had any criminal convictions in the United Kingdom or any other
country (including traffic offences) or any civil judgments made against them?"


It doesn't look Jalan is "convicted" here due to traffic tickets. Conviction is the last stage of Traffic offense when you have to appear in court and a judge decides your offense. I don't think this is the case here.
psdesai wrote:Hi ,

You will need to declare these in your application even if this is not criminal conviction. I have called ho (as I am-was in similar situation) and they told me to include any conviction including traffic offences.
Though they said it will not effect your application as its only minor offence. (I haven't read the latest application form so read the latest application form if it says "... including traffic offences" then put it in)

Its better to put this in your application now then problems letter.

After declaring this in my application I got my HSMP approved without any problem.

Also one more thing ... like chetanojha said pay off fine . DO NOT APPEAL OR GO TO COURT . It will just make things complicated.

Hope this helps.
chetanojha wrote:Hi Jalal,

Just pay off the fine. No need to declare these penalties in application. This is not "Criminal" offense.

You will be fine without mentioning these.


jalal.din wrote:Hi,
I got few parking tickets here and there in last few months and also recieved a trafic contravention penality charge notice.

It says:
50 failing to comply with a sign indicating a prohibited turn bla bla. and I am supposed to pay charge of 60 pounds in 14 days or 120 in 28 days. Do I need to declare all this mess in tier 1 application?

thanks for help.
regards,
Jalal

jalal.din
Newbie
Posts: 45
Joined: Wed Jan 17, 2007 9:56 am
Location: London

Post by jalal.din » Fri Apr 24, 2009 3:35 pm

This penalty charge notice is from council. I think chetanojha is right, conviction ususally comes from court. But at same time I think it is still a trafic offence. I don't mind declaring them but problem is that for old tickets I don't remember the exact details of place, time etc.

psdesai
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Post by psdesai » Fri Apr 24, 2009 4:18 pm

I agree with chetanojha too. but you have nothing to worry about here. So pay your fine that way you dont have to go to court (and you are not convict!). Declare it in the application that you did paid your Fixed Penalty Fine and did not had to appear in court and let HO decide weather this is something serious enough or not! (Which I highly doubt it would be considered as serious).

I would not worry about tickets. I am talking about fixed penalty notice(the one way offence) Did u get points on your licence?

What do you think guys?..




jalal.din wrote:This penalty charge notice is from council. I think chetanojha is right, conviction ususally comes from court. But at same time I think it is still a trafic offence. I don't mind declaring them but problem is that for old tickets I don't remember the exact details of place, time etc.

ChetanOjha
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Post by ChetanOjha » Fri Apr 24, 2009 4:29 pm

I think, including unnecessary details may work against you though not for your extension. HO will have this details for your records forever.

My logic is HO don't know in what circumstance you jumped traffic light or went into one way. It could be the case that some driver is carrying his pregnant wife to hospital and have to jump lights. But traffic cameras can only see the light jumps and council then send you ticket.

I personally feel, and also know few people who have received the same tickets and penalties, to apply and received extension without any problem.

Including these details may force case worker to look into the court judgment or to do some background checks to get the updated status on you; which he will not do otherwise. This may cause delay in your application even though it is mentioned in form that it will not affect the judgement.

Come on man, you have not killed somebody.If you search this forum, i remember there was a guy who was warned by police as he was entangled in street fight and still got approval. That's what I think.

push
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Post by push » Fri Apr 24, 2009 10:38 pm

See this
regards,
push
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CSK
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Post by CSK » Sat Apr 25, 2009 11:42 am

Gurus,

i hv recently been noticed for speding around 100 MPH on a 70 MPH motorway..

i caled the speed camera police to check what is the next course of action, they told me tat i will hv to go to court for which another notice wil come in within 2 months, since my speed is way above the fixed penalty range..Also they said i might get a disqualification which is really worryg cos this may affect my visa extension..
I am tryg to get a PEO apointment quickly so that i wouldnt hv got a hearing from the court by that time...

Now how wil the HO deal my case since i have a speeding notice, but i wont any have judgement on tat when i go for extension??
or in worst case if i get my licence disqualified will it affect my application??

I am very sure that its jus speeding (i shdnt say just :) ) and not any other criminal offence..is this gona be a problem for me?

republique
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Post by republique » Sat Apr 25, 2009 11:48 am

jalal.din wrote:This penalty charge notice is from council. I think chetanojha is right, conviction ususally comes from court. But at same time I think it is still a trafic offence. I don't mind declaring them but problem is that for old tickets I don't remember the exact details of place, time etc.
That is not a traffic conviction
They are not interested in fixed penalty offences but do whatever makes you feel most comfortable.

push
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Post by push » Sat Apr 25, 2009 12:06 pm

CSK wrote:Gurus,

i hv recently been noticed for speding around 100 MPH on a 70 MPH motorway..

i caled the speed camera police to check what is the next course of action, they told me tat i will hv to go to court for which another notice wil come in within 2 months, since my speed is way above the fixed penalty range..Also they said i might get a disqualification which is really worryg cos this may affect my visa extension..
I am tryg to get a PEO apointment quickly so that i wouldnt hv got a hearing from the court by that time...

Now how wil the HO deal my case since i have a speeding notice, but i wont any have judgement on tat when i go for extension??
or in worst case if i get my licence disqualified will it affect my application??

I am very sure that its jus speeding (i shdnt say just :) ) and not any other criminal offence..is this gona be a problem for me?
Legally, you have not been convicted of a criminal traffic offence yet.
regards,
push
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yasa
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Re: Declaring Trafic contraventions

Post by yasa » Sat Apr 25, 2009 1:38 pm

jalal.din wrote:Hi,
I got few parking tickets here and there in last few months and also recieved a trafic contravention penality charge notice.

It says:
50 failing to comply with a sign indicating a prohibited turn bla bla. and I am supposed to pay charge of 60 pounds in 14 days or 120 in 28 days. Do I need to declare all this mess in tier 1 application?

thanks for help.
regards,
Jalal
Its not a criminal offense...
=======================
Every cloud has silver lining
=======================

CSK
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Post by CSK » Sun Apr 26, 2009 10:34 am

@push_hsmp

Thanks mate..

jus curious to know what would be the implications of any judgement that comes before my visa extension? say if i get my licence disqualified for speeding, how bad will ths be to my application?

push
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Post by push » Sun Apr 26, 2009 10:37 am

CSK wrote:@push_hsmp

Thanks mate..

jus curious to know what would be the implications of any judgement that comes before my visa extension? say if i get my licence disqualified for speeding, how bad will ths be to my application?
I guess nothing as on date of the application you did not hide any information. Everything will however depend upon the conviction i.e. does the offence attract a maximum imprisonment of more than 12 months (whether or not awarded). See Refusal on the grounds of criminal convictions and sentencing manual. Given these it is advisable for you to apply ASAP
Last edited by push on Sun Apr 26, 2009 11:09 am, edited 1 time in total.
regards,
push
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push
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Post by push » Sun Apr 26, 2009 10:55 am

This is from Good Character section for citizenship (though I think would be applicable for Extensions etc. as well):
Your criminal record
We will carry out criminal record checks on all applications from people aged 10 and over.

You must also provide details of all civil proceedings which have resulted in a court order being made against you.

You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink-driving offences. An explanation of unspent convictions is given below
regards,
push
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nksg
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Post by nksg » Mon Apr 27, 2009 11:05 am

I had driving Ban for 1 year. I got HSMP and extn just by declaring the same. You need not worrry as long as you are being honest by declaring any offence "including conviction".. you are safe.

I have seen lot of similar cases including mine and i would recommend every one to declare every offence if not on the form atleast mention the same on the cover letter.

Declaring the offence (small or big) wont create any harm but not eclaring (And if case worker comes to know about the same) will result in rejection under dception with a ban of 10 years... choice is yours...
CSK wrote:@push_hsmp

Thanks mate..

jus curious to know what would be the implications of any judgement that comes before my visa extension? say if i get my licence disqualified for speeding, how bad will ths be to my application?

CSK
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Post by CSK » Mon Apr 27, 2009 11:31 am

@nksg


You are a star !!!

thanks for sharing this info with me...it brings a lot of relief to me personally and i shd now concentrate on prep my docs for extn and first shd try to get an PEO appointment..

for sure as you said i will declare about any result that occurs out of my traffic offence..

thanks again..

psdesai
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Post by psdesai » Thu May 07, 2009 4:01 pm

There is a case where HSMP is rejected when applicant didnt declared driving offences.
http://www.immigrationboards.com/viewtopic.php?t=38932


CSK wrote:@nksg



You are a star !!!

thanks for sharing this info with me...it brings a lot of relief to me personally and i shd now concentrate on prep my docs for extn and first shd try to get an PEO appointment..

for sure as you said i will declare about any result that occurs out of my traffic offence..

thanks again..

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