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Thomas, Lawyer
Category: UK Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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Hi there, I am on a working visa and am going to be leaving

Resolved Question:

Hi there,

I am on a working visa and am going to be leaving the country in a months time, I have just recalled that I had been given a speeding fine in my bosses work car at the end of last year and have never received the actual fine. This is probably due to the fact that I have moved around a lot as I am travelling! Also as I havnt seen anything it just completely slipped my mind.
Who do I contact to find out about it and what kind of trouble will I be in?
Thanks

Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.

Hi
Thanks for your question.

To enable me to answer your question could you please respond to the following:-
1. Can you give me a little more detail about the actual incident and how you received the fine please
Kind regards.

Tom

Customer: replied 1 year ago.

I received the fine when working for my boss in Buckinghamshire. THe fine was addressed to him as he is the car owner but it was me driving the date of the fine. I just filled in the form with the address I was moving to at the time and put in my New Zealand licence number as I dont have a UK one. I wasnt at my new address for long and do not know who lives there now? Assume it maybe been sent back or what have you? I dont even know how much the fine is for.

Expert:  Thomas replied 1 year ago.

Hi,

So you admitted that it was you in the form and you returned it with payment of the fine, correct?

Tom

Customer: replied 1 year ago.

No, no payement has been made. That was just the initial information given so that I can receive the fine in my name I guess? I am not sure how it all works to be honest.

Expert:  Thomas replied 1 year ago.


Hi

Thanks for your reply.

You need to get in touch with the police in Buckinghamshire to trace the record of the fine. You should also speak to your boss to see if he has received any correspondence in respect of the fine or possibly paid it on your behalf.

If you have not done anything about it and the fine has not been paid then the matter would have been referred to Court. This may have happened in your absence so you really need to check. Usually if the defendant is found guilty they simply receive a larger fine. I would expect this to happen.

Provided you settle the fine (whether it’s been imposed at Court or not) you will be fine from a criminal perspective.

If you are on a visa and intend in the future to apply for indefinite leave to remain then proceeding to court could be detrimental on your ILR application. As part of the UKBA’s requirements for indefinite leave to remain you must have what is termed as “good character”. As part of the most recent rule change this means you must not have any unspent convictions under the Rehabilitation of Offenders Act as at the date of submission of your application:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

Normally FPNs are not considered fines for the purpose of the Rehabilitation of Offenders Act, however if they proceed to court then they are and fall within the definite of a conviction for the purpose of unspent convictions.

For fines, this means that it would be spent 5 years after the date of the conviction so on this basis you would not be able to apply for ILR until 5 years have passed:-
http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act

You would still be eligible to extend your visa though.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Positive Feedback: 98.2 %
Satisfied Customers: 5200
Experience: BA (Hons), PgDip, Practising Solicitor
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