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2 penality charge notices in 2 months in last 12 months

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Ali_2005
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Posts: 15
Joined: Mon Oct 02, 2017 8:45 am

2 penality charge notices in 2 months in last 12 months

Post by Ali_2005 » Mon Oct 02, 2017 9:53 am

Hi
i have just applied for my naturalisation through nationality service of my local council. As everything shouold be mentioned in the applicaion form regarding the fixed penalties etc.So i asked the person who was checking my form that i have two PCN one for stopping at the yellow box and other for passinng through wrong side of the road 38JL which is Islington councils "which is failing to comply with a sign indicating that vehicular traffic must pass to specified sid of the Sign. last one was just the day before 27/09/2017 i was applying.my case worked rang the home office and they said i have 2 PCN in last 12 months so i should not applied for the naturlisation and wait for a year. She advised me not to but also its a discussionable and depend on the case worker. which is redicilous. I got PCN's from local council and i have paid them and did not lie in my application. Some of my friends who are cabbies and they have had 6 or 7 such notices in the year they never even mentioned them and got the Citizen ship. No i ahve already applied can somebody shred some light on it what will happen.
Thanks
Ali

baddy
Member
Posts: 109
Joined: Fri Sep 09, 2016 10:06 pm

Re: 2 penality charge notices in 2 months in last 12 months

Post by baddy » Mon Oct 02, 2017 10:09 am

The truth is there is no records of these PCNs against you so to say as long as they are paid and they did not result in court enforcement. Anybody could have driven your car and the PCN sent to you as the registered keeper and that person that drove the car paid the PCN. There is not admission of guilt.

The NCS officer obviously called a novice like him/her and the person at the other end misinformed her. HM Courts and Tribunals keep records of all FPNs and any court proceeding resulting from non payment of PCN. Not when the PCN is paid within the time alloted. And that is the department HO will source their information from if checking the number of FPNs you have.

The fact is if the PCN is paid on time, there is no need to mention it on the form.

Ali_2005
Newly Registered
Posts: 15
Joined: Mon Oct 02, 2017 8:45 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by Ali_2005 » Mon Oct 02, 2017 10:30 am

Hi Baddy

Thanks ever so much for the reply. Actually i have already sent my application and mentioned these two PCNs.Would they be considered. Should i be worried.Please advise,

Thanks
Ali

baddy
Member
Posts: 109
Joined: Fri Sep 09, 2016 10:06 pm

Re: 2 penality charge notices in 2 months in last 12 months

Post by baddy » Mon Oct 02, 2017 11:59 am


Ali_2005
Newly Registered
Posts: 15
Joined: Mon Oct 02, 2017 8:45 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by Ali_2005 » Tue Oct 03, 2017 1:08 pm

Hi Baddy

Thanks for sharing the link i am confident now that this will not effect on my application. But i do not know why she said i should not and even the Home Office guy said the saem. They are minor traffic mistakes and charged by Local council i have paid them both.

Ali_2005
Newly Registered
Posts: 15
Joined: Mon Oct 02, 2017 8:45 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by Ali_2005 » Tue Oct 03, 2017 1:11 pm

Hi Baddy
One Last thing i have copied that section from the link

"3.2 Fixed Penalty Notices, Penalty Charge Notices & Penalty Notices for
Disorder
Fixed Penalty Notices, Penalty Charge Notices and Penalty Notices for Disorder are
imposed by the Police or other authorised enforcement officers fo
r traffic rule violations,
environmental and civil violations. It is a way of the criminal justice system disposing of
fairly minor offences without the need for a person to attend court. Receiving one does not
form part of a person’s criminal record as there is no admission of guilt.
The decision maker will not consider these unless the person has:
a.
failed to pay and there were criminal proceedings as a result; or
b.
received numerous fixed penalty notices which would suggest a pattern of
behaviour that calls into question their character.

"
Please shred some light on the higlighted

Thanks
Ali

baddy
Member
Posts: 109
Joined: Fri Sep 09, 2016 10:06 pm

Re: 2 penality charge notices in 2 months in last 12 months

Post by baddy » Tue Oct 03, 2017 2:53 pm

What you have is Penalty Charge Notice and not Fixed Penalty Notices. As I pointed out earlier, HM Courts keep records of all FPN and not PCN. HO will contact Police and HM Courts to check if they hold any records for you regarding FPN and not PCN.

Relax your mind.

Ali_2005
Newly Registered
Posts: 15
Joined: Mon Oct 02, 2017 8:45 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by Ali_2005 » Fri Oct 06, 2017 8:57 am

Hi Baddy
Thanks for the clarification , i really appreciate your advise and help. I do not know why the lady at Nationality service keep on saying its a Fixed Plenty Notice and asked me to sign the declaration that i have 2 Fixed Plenty notice for in last 12 months.

Shahno
Member
Posts: 108
Joined: Mon Feb 05, 2018 10:55 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by Shahno » Tue Mar 06, 2018 2:30 pm

baddy wrote:
Mon Oct 02, 2017 10:09 am
The truth is there is no records of these PCNs against you so to say as long as they are paid and they did not result in court enforcement. Anybody could have driven your car and the PCN sent to you as the registered keeper and that person that drove the car paid the PCN. There is not admission of guilt.

The NCS officer obviously called a novice like him/her and the person at the other end misinformed her. HM Courts and Tribunals keep records of all FPNs and any court proceeding resulting from non payment of PCN. Not when the PCN is paid within the time alloted. And that is the department HO will source their information from if checking the number of FPNs you have.

The fact is if the PCN is paid on time, there is no need to mention it on the form.
Hi baddy,
I'm really sorry to interfere in this thread but I need an advice. In November 2016 my husband received "Notice of enforcement" because of an unpaid Penalty Charge Notice issued on 19 November 2015.

The letter says " A warrant of control was authorised by the traffic enforcement centre at the county court business centre Northampton on 7 july 2016 in respect of an unpaid penalty charge notice issued to vehicle registration XXXXXXX on 19 november 2015 at XXXXX"

I think we've received it late because we moved houses and my husband forgot to change the address on his driving licence.

However, he phoned them and he paid the penalty over the phone and it was settled.

Now My husband is due ilr 10 years route in October 2018 and he is planning to apply in September. Does he need to mention it on his application?

In the highlighted part you mentioned up, does it mean that traffic enforcement centre is a court? "criminal proceedings"? Does the" Notice of enforcement" count as court conviction or "criminal proceedings"?

Please your reply will be highly appreciated, and again I really do apologise for asking here but we're a bit confused if not scared :(

Thank you very much.

baddy
Member
Posts: 109
Joined: Fri Sep 09, 2016 10:06 pm

Re: 2 penality charge notices in 2 months in last 12 months

Post by baddy » Wed Mar 07, 2018 9:12 pm

Shahno wrote:
Tue Mar 06, 2018 2:30 pm
baddy wrote:
Mon Oct 02, 2017 10:09 am
The truth is there is no records of these PCNs against you so to say as long as they are paid and they did not result in court enforcement. Anybody could have driven your car and the PCN sent to you as the registered keeper and that person that drove the car paid the PCN. There is not admission of guilt.

The NCS officer obviously called a novice like him/her and the person at the other end misinformed her. HM Courts and Tribunals keep records of all FPNs and any court proceeding resulting from non payment of PCN. Not when the PCN is paid within the time alloted. And that is the department HO will source their information from if checking the number of FPNs you have.

The fact is if the PCN is paid on time, there is no need to mention it on the form.
Hi baddy,
I'm really sorry to interfere in this thread but I need an advice. In November 2016 my husband received "Notice of enforcement" because of an unpaid Penalty Charge Notice issued on 19 November 2015.

The letter says " A warrant of control was authorised by the traffic enforcement centre at the county court business centre Northampton on 7 july 2016 in respect of an unpaid penalty charge notice issued to vehicle registration XXXXXXX on 19 november 2015 at XXXXX"

I think we've received it late because we moved houses and my husband forgot to change the address on his driving licence.

However, he phoned them and he paid the penalty over the phone and it was settled.

Now My husband is due ilr 10 years route in October 2018 and he is planning to apply in September. Does he need to mention it on his application?

In the highlighted part you mentioned up, does it mean that traffic enforcement centre is a court? "criminal proceedings"? Does the" Notice of enforcement" count as court conviction or "criminal proceedings"?

Please your reply will be highly appreciated, and again I really do apologise for asking here but we're a bit confused if not scared :(

Thank you very much.
Yes, he needs to declare it. He should detail what happened regarding the offence and moving houses and all. And if he has proof of settlement, he can include it with the application. But most importantly, let him explain in details what happened. I dont see this as a big deal. This record will flag up when Home Office do the checks, but nothing to worry about.

Shahno
Member
Posts: 108
Joined: Mon Feb 05, 2018 10:55 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by Shahno » Wed Mar 07, 2018 10:38 pm

Thank you baddy, can I ask one more thing please? We are due a tier 2 extention later this month, shall we declare it in the extention application as well? Again thank you so much for your help really appreciated!

Legia1916
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Posts: 14
Joined: Sat Jul 14, 2018 9:12 am
Mood:
Poland

Re: 2 penality charge notices in 2 months in last 12 months

Post by Legia1916 » Tue Oct 16, 2018 9:53 pm

Ali_2005 wrote:
Tue Oct 03, 2017 1:08 pm
Hi Baddy

Thanks for sharing the link i am confident now that this will not effect on my application. But i do not know why she said i should not and even the Home Office guy said the saem. They are minor traffic mistakes and charged by Local council i have paid them both.
hello man, after the year of application can you reply whether you got the British citizenship or not ?

Thanks

Mark420
Newbie
Posts: 31
Joined: Tue May 01, 2018 2:21 am
Afghanistan

Re: 2 penality charge notices in 2 months in last 12 months

Post by Mark420 » Wed Oct 17, 2018 1:01 am

Shahno wrote:
Tue Mar 06, 2018 2:30 pm
baddy wrote:
Mon Oct 02, 2017 10:09 am
The truth is there is no records of these PCNs against you so to say as long as they are paid and they did not result in court enforcement. Anybody could have driven your car and the PCN sent to you as the registered keeper and that person that drove the car paid the PCN. There is not admission of guilt.

The NCS officer obviously called a novice like him/her and the person at the other end misinformed her. HM Courts and Tribunals keep records of all FPNs and any court proceeding resulting from non payment of PCN. Not when the PCN is paid within the time alloted. And that is the department HO will source their information from if checking the number of FPNs you have.

The fact is if the PCN is paid on time, there is no need to mention it on the form.
Hi baddy,
I'm really sorry to interfere in this thread but I need an advice. In November 2016 my husband received "Notice of enforcement" because of an unpaid Penalty Charge Notice issued on 19 November 2015.

The letter says " A warrant of control was authorised by the traffic enforcement centre at the county court business centre Northampton on 7 july 2016 in respect of an unpaid penalty charge notice issued to vehicle registration XXXXXXX on 19 november 2015 at XXXXX"

I think we've received it late because we moved houses and my husband forgot to change the address on his driving licence.

However, he phoned them and he paid the penalty over the phone and it was settled.

Now My husband is due ilr 10 years route in October 2018 and he is planning to apply in September. Does he need to mention it on his application?

In the highlighted part you mentioned up, does it mean that traffic enforcement centre is a court? "criminal proceedings"? Does the" Notice of enforcement" count as court conviction or "criminal proceedings"?

Please your reply will be highly appreciated, and again I really do apologise for asking here but we're a bit confused if not scared :(

Thank you very much.



Just wanted to share my experience I applied for citizenship in April 2018 and received approval in October 2018.

I had around 15 unpaid PCN and the bailiff were nocking my door every morning and i didn’t pay them a penny and they had letter of county court taking control of good.

I applied for citizenship after these tickets and bailiffs and I didn’t tell them in the AN form. And I got aproval.

Don’t declare any PCN unless you got CCJ.

This is how it is.

Shahno
Member
Posts: 108
Joined: Mon Feb 05, 2018 10:55 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by Shahno » Wed Oct 17, 2018 11:38 am

Thanks a lot Mark420, so you mean not to declare it in the ilr or the citzienship? We have the proof that he paid it..
Thank you so much

Mark420
Newbie
Posts: 31
Joined: Tue May 01, 2018 2:21 am
Afghanistan

Re: 2 penality charge notices in 2 months in last 12 months

Post by Mark420 » Wed Oct 17, 2018 5:07 pm

Yes. You already paid it. Don’t need to declare it.

As much as you declare everything it might delay your application coz they will search for it on the third parties systems.

So better not to make it complicated for them and PCN doesn’t show in their system unless you receive CCJ.

User avatar
equitydealer
Member of Standing
Posts: 261
Joined: Sun Dec 02, 2012 6:22 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by equitydealer » Wed Oct 17, 2018 7:34 pm

Mark420 wrote:
Wed Oct 17, 2018 1:01 am
Shahno wrote:
Tue Mar 06, 2018 2:30 pm
baddy wrote:
Mon Oct 02, 2017 10:09 am
The truth is there is no records of these PCNs against you so to say as long as they are paid and they did not result in court enforcement. Anybody could have driven your car and the PCN sent to you as the registered keeper and that person that drove the car paid the PCN. There is not admission of guilt.

The NCS officer obviously called a novice like him/her and the person at the other end misinformed her. HM Courts and Tribunals keep records of all FPNs and any court proceeding resulting from non payment of PCN. Not when the PCN is paid within the time alloted. And that is the department HO will source their information from if checking the number of FPNs you have.

The fact is if the PCN is paid on time, there is no need to mention it on the form.
Hi baddy,
I'm really sorry to interfere in this thread but I need an advice. In November 2016 my husband received "Notice of enforcement" because of an unpaid Penalty Charge Notice issued on 19 November 2015.

The letter says " A warrant of control was authorised by the traffic enforcement centre at the county court business centre Northampton on 7 july 2016 in respect of an unpaid penalty charge notice issued to vehicle registration XXXXXXX on 19 november 2015 at XXXXX"

I think we've received it late because we moved houses and my husband forgot to change the address on his driving licence.

However, he phoned them and he paid the penalty over the phone and it was settled.

Now My husband is due ilr 10 years route in October 2018 and he is planning to apply in September. Does he need to mention it on his application?

In the highlighted part you mentioned up, does it mean that traffic enforcement centre is a court? "criminal proceedings"? Does the" Notice of enforcement" count as court conviction or "criminal proceedings"?

Please your reply will be highly appreciated, and again I really do apologise for asking here but we're a bit confused if not scared :(

Thank you very much.



Just wanted to share my experience I applied for citizenship in April 2018 and received approval in October 2018.

I had around 15 unpaid PCN and the bailiff were nocking my door every morning and i didn’t pay them a penny and they had letter of county court taking control of good.

I applied for citizenship after these tickets and bailiffs and I didn’t tell them in the AN form. And I got aproval.

Don’t declare any PCN unless you got CCJ.

This is how it is.
Not quite, if it's gone to the county court and you've not paid when the bailiff visits you have already got a CCJ. Check your credit file, you might find out your credit score has been trashed.
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

smithman11
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Posts: 21
Joined: Sun Oct 07, 2018 1:36 pm
Mood:

Re: 2 penality charge notices in 2 months in last 12 months

Post by smithman11 » Thu Oct 18, 2018 4:46 pm

I am also in similar situation:

In March 2018 I was on the way back home in my car after a night out with friends in a pub. I and my 3 friends were sitting in the car, 2 at back and I was sitting at the passenger seat in the front, drunk (not driver seat). My other friend who was not drunk (had a provisional license, insurance on same car and L plate) decided to drop them home but on the way two friends at back seat had arguments and one of them all sudden jumped out of the running car (20mph). Unfortunately there were off duty police officers driving behind called up police.

Police first taken driver’s breath reading as he was not drunk, breath analyser didn't record above prescribe limit 35. Police then asked me, was you supervisor, out of panic said yes. (i have full driving license). My breath reading was 44 at roadside.

I was arrested at roadside drunk then taken to the police station, they again recoded my breath reading 57 and took my finger prints and photo then i spent a overnight in the police station custody.

Next morning police gave me free lawyer who advised me just to say “no comment” except name and address in police statement recording system so in the court you can explain everything at ease. However the lawyer was greedy and advised me wrong as he wanted to make money out of me. Otherwise this matter would have been winded up at this stage but i realised this very late. Lawyer was supposed to be free but after a week he asked me to pay £600 initial amount. Later i didn’t call him.

A month after I recived a court attendance letter for “in charge of a vehicle - alcohol level above the limit”. Code: DR40

At first attendance court asked me plead guilty however i pleaded not guilty. At second attendance court called up off duty police officers who gave witness statements. Then court found me guilty. I received 10 penalty points and £192 fine.

I did explain my situation to the court that, this conviction and criminal record on my name can affect my British citizenship, however court said Home office do consider the seriousness of the crime.

Currently I have UK permanent residency card under EU law. I am non EU family member of an EU citizen since last 6 years.

I am due to apply for BC in October 2018, Will I have any chance to get a British Citizenship?

Experts advice will be highly appreciated.

Thank you.

Ali_2005
Newly Registered
Posts: 15
Joined: Mon Oct 02, 2017 8:45 am

Re: 2 penality charge notices in 2 months in last 12 months

Post by Ali_2005 » Tue Nov 13, 2018 1:31 pm

Hi Guys
Forgot to add yes i got my naturalisaiton.
BR
Ali

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