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Penalty Charge Notice Naturalisation

Posted: Tue Feb 25, 2014 2:31 pm
by shine12
I plan to apply for Naturalisation. I received two PCNs due to speeding (37mph in 30 mile zone for one and 36 mph for the other) in September 2013 and I wrote a letter to the police, they cancelled one PCN due to my reason and I was also given the offer of a speed awareness course which I accepted and attended. Do I declare these PCNs and if I have to declare them, Do they get filled in section 3.7 (Criminal conviction section) as it’s not really criminal, or Section 3.11(Caution Section).

Re: Penalty Charge Notice Naturalisation

Posted: Wed Feb 26, 2014 12:51 am
by Just Wondering
They are criminal as they're issued because you broke the law (which is a criminal law - not civil). However, they are not criminal convictions or cautions if they are not referred to court.

There is a section on this on the Good Character Requirement FAQ thread (http://www.immigrationboards.com/britis ... 36725.html) See: Question 5: FPN

Re: Penalty Charge Notice Naturalisation

Posted: Wed Feb 26, 2014 11:13 am
by alexboy84
shine12 wrote:I plan to apply for Naturalisation. I received two PCNs due to speeding (37mph in 30 mile zone for one and 36 mph for the other) in September 2013 and I wrote a letter to the police, they cancelled one PCN due to my reason and I was also given the offer of a speed awareness course which I accepted and attended. Do I declare these PCNs and if I have to declare them, Do they get filled in section 3.7 (Criminal conviction section) as it’s not really criminal, or Section 3.11(Caution Section).
Hi Shine12,

Speed awareness course is also classed as a penalty and is recorded on the system. Although there is no fine involved or points added to your license, it is recorded that you have broke the law and HO are able to check and see this when they run the background checks.
I had a speeding fine and was told that HO will only accept cases with 1 speeding offence.
The lady advised if I had a speeding fine and also attended speed awareness course, it would be deemed as I have broke the law twice and application will be refused as this fails the HO's good character requirements.

However, I would advice you to double check with your local NCS and ask them for their advice and opinion.

Hope this helps.

Re: Penalty Charge Notice Naturalisation

Posted: Thu Feb 27, 2014 10:34 pm
by JPB
shine12 wrote:I plan to apply for Naturalisation. I received two PCNs due to speeding (37mph in 30 mile zone for one and 36 mph for the other) in September 2013 and I wrote a letter to the police, they cancelled one PCN due to my reason and I was also given the offer of a speed awareness course which I accepted and attended. Do I declare these PCNs and if I have to declare them, Do they get filled in section 3.7 (Criminal conviction section) as it’s not really criminal, or Section 3.11(Caution Section).
For the case of brevity i would suggest you ensure you dot have any PCNs in the last 12 months prior to application as stated in the guidance notes. I think u need to declare them because you have stated the police cancelled one. Do u have that in writting?

Re: Penalty Charge Notice Naturalisation

Posted: Sat Mar 01, 2014 9:48 am
by shine12
Sorry about this,I was issued notice of intended prosecution for speeding and not FPN and also was offered the speed awareness course.
I never paid any fine to the police and my licence was never endorsed.Do I need to include in my application that I attended the course?

Re: Penalty Charge Notice Naturalisation

Posted: Sat Mar 01, 2014 5:44 pm
by Heisgood
Shine12 apply with confidence you will be ok. Just don't get another one. You don't need to mention anything about speed awareness course as you will be asked on the form by NCS "Do you have more that 1 FPN in the last 12mths? The answer based on the above is no. As long as you were not fine by the courts for the first FPN then you are ok. Just peruse the forum and you will see others who have been successful. All the best and drive carefully.