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Thomas
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Some months ago police stop my car in a London when I was driving

Resolved Question:

Some months ago police stop my car in a London when I was driving with no insurance. In the same day I have paid £ 200 claim and I have been in the police station in order to show proof of payment. Later I receive 6 point from DVLA on my counterpart. This accident wasn’t case in the court.
Now I try to receive permanent residential and in a form EEA 3 in section 9 it is a question, have you been convicted of any criminal offence and below this question in a note explanation is: including road traffic offences. I don’t know which answer I should choice Yes I have been convicted of any criminal offence or I don’t have been.
Please help me to choice a good answer Yes or no.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If you received a fixed penalty notice for driving without insurance then this would not be a conviction for he purposes of competing the form.

You will note from the form that it says “This includes road traffic offences
but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court.”. Therefore if you were simply issued with the notice and then paid the fine and it did not proceed to court then you would not have to disclose it in the form because it’s not seen as a criminal convicition.

You would have know if the matter proceeded to court because you would have received notice of the court hearing date. Also, the police are empowered to issue a fixed penalty notice with £200 fine and 6 penalty points on your licence. If this is what you got then this indicates that you only received a fixed penalty notice. Please see hear for confirmation:-
https://www.gov.uk/vehicle-insurance/driving-without-insurance

However, you may consider answering “No” to the question but disclosing the fixed penalty notice in your application covering letter simply to indicate that you wish to be 100% honest.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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