ILR and PCN (Penalty charge notice)

handeesmurf · Post by **handeesmurf** » Sun Apr 22, 2012 1:19 am

Hi all
I am going to file my ILR in first week of may ,2012 and I am having big issue with PCN.

In 2010 I was issued fine driving in bus lane, but unfortunelty I didn't received PCN because my old landlord didn't informed me about those letter and after 6 months time I recieved bailiff removal letter.. I was shocked to see that then I contacted council they told me filled PE2 for and ask court to review the case. Here's they court reply

It is ordered that

1. Under rule 23.8 of the civil procedure rules the court will deal with the application for leave to file a statutory deceleration /witness statement out of time with out a hearing because the court does not consider a hearing at Northampton would be appropriate.

2. The application for leave to file a statutory declaration /witness statement to be refused

In the letter they also mentioned that if i wish to apply for review this decision, I had to pay court fees and fill application notice form N244.

So the summary, I paid full bailiff amount 400 GBP and didn't go for review.

Is there any chance for me to get ILR and so confused.

Any advice or suggestion

Thanks

handeesmurf · Post by **handeesmurf** » Sun Apr 22, 2012 12:51 pm

Any help guys................. I am so confused

handeesmurf · Post by **handeesmurf** » Sun Apr 22, 2012 7:51 pm

Hi Guys

I found this article
http://www.lifeintheuk.org/mod/forum/di ... p?d=764925

As In my case I didn't have any conviction letter from court

Any help, thanks

angelloveguy · Post by **angelloveguy** » Sun Apr 22, 2012 8:37 pm

I think as it was a non payment of PCN case, and it was not a criminal case it won't create any problem to your ILR.

handeesmurf · Post by **handeesmurf** » Sun Apr 22, 2012 9:48 pm

Thanks for your reply

But do I have to declare this on the SET(o) form. I don't have any court hearing or court proceeding.

Can the forum moderator also confirm this...

Thanks

handeesmurf · Post by **handeesmurf** » Mon Apr 23, 2012 10:24 am

Hi All

I have recieved this confirmation from Parking appeal officer.

"This does not affect your credit rating. As Parking enforcement within the Borough has been 'decriminalised', i.e. is no longer the responsibility of the police parking contraventions are not a criminal offence. Your debt and/or criminal check will therefore be unaffected."

I think, i don't need to worry about this case but big question do i have to declare this on my SET(O) form.Please reply I hope this post could help everyone with similar issue.

Thanks

Devb · Post by **Devb** » Mon Apr 23, 2012 12:19 pm

Hi,
I am not a legal expert. But I don't think PCN will effect as it seems a Civil case than Criminal case. And you may not need to state it.
try the :
http://forums.pepipoo.com

They might help you there.
Dev

PS : if you genuinely not received the PCN, then you should have submitted the N244 and review it without paying. Haven't you ever wonder how they have found your new address only when the fine went to £400 and not before that..? this seems a legalized scam

handeesmurf · Post by **handeesmurf** » Mon Apr 23, 2012 1:29 pm

Thanks for your reply

Adding one more thing to my question , I also have TS10 3 points on my driving license, fine was on spot by police and paid. No court involve.

Do i have to declare this on my SET (O) form.

Thanks

miyazi78 · Post by **miyazi78** » Mon Apr 23, 2012 2:03 pm

handeesmurf wrote:Thanks for your reply

Adding one more thing to my question , I also have TS10 3 points on my driving license, fine was on spot by police and paid. No court involve.

Do i have to declare this on my SET (O) form.

Thanks

Hi , Here I enclosed a link of homeoffice staff guideline how they deal with it .
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Page no 6 . Go and check you will get your answer.

handeesmurf · Post by **handeesmurf** » Mon Apr 23, 2012 2:09 pm

Form that paragraph on page 6

"Receiving a fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) do not form part of a person’s criminal record as there is no admission of guilt and they therefore do not need to be covered by the 1974 act. They must therefore be disregarded. The exceptions to this are when either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple penalty notices, particularly over a short period of time. In these cases you must consider the case in line with the general requirements of character, conduct and associations within paragraph 322(5) of the rules. For more information, see related link: Not desirable to let a person remain in the UK – leave to remain."

I don't have any criminal procceding in the court so I don't have declare this on my SET(O) application form

Please correct me if am wrong

Thanks everyone

miyazi78 · Post by **miyazi78** » Mon Apr 23, 2012 3:21 pm

handeesmurf wrote:Form that paragraph on page 6

"Receiving a fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) do not form part of a person’s criminal record as there is no admission of guilt and they therefore do not need to be covered by the 1974 act. They must therefore be disregarded. The exceptions to this are when either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple penalty notices, particularly over a short period of time. In these cases you must consider the case in line with the general requirements of character, conduct and associations within paragraph 322(5) of the rules. For more information, see related link: Not desirable to let a person remain in the UK – leave to remain."

I don't have any criminal procceding in the court so I don't have declare this on my SET(O) application form

Please correct me if am wrong

Thanks everyone

Thanks that you read the link .

You have nothing to worried about . Tick no

angelloveguy · Post by **angelloveguy** » Mon Apr 23, 2012 9:02 pm

you have to declare Points on your driving licence

handeesmurf · Post by **handeesmurf** » Thu Apr 26, 2012 3:43 pm

Now I am totally confused Can senior member or admin clearify this situation.

I have got TS10 jumping red lights by police on the spot fine and driving license marked with TS10 and also paid £60 penalty but did not went to court.

Do I have to declare this on my SET (O) form
Does it comes under criminal offence

Thanks

innocentdevil · Post by **innocentdevil** » Thu Apr 26, 2012 6:10 pm

handeesmurf wrote:Now I am totally confused Can senior member or admin clearify this situation.

I have got TS10 jumping red lights by police on the spot fine and driving license marked with TS10 and also paid £60 penalty but did not went to court.

Do I have to declare this on my SET (O) form
Does it comes under criminal offence

Thanks

Yes

handeesmurf · Post by **handeesmurf** » Sun Apr 29, 2012 9:24 pm

you mean yes to declare it or yes it is criminal conviction

innocentdevil · Post by **innocentdevil** » Mon Apr 30, 2012 6:57 pm

handeesmurf wrote:you mean yes to declare it or yes it is criminal conviction

you need to declare the conviction. do not hide anything. and you tick Yes on the form where it says you had convictions

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ILR and PCN (Penalty charge notice)

ILR and PCN (Penalty charge notice)

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