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PCNs versus FPNs
Posted: Mon Mar 26, 2018 2:42 pm
by premsai
Hi,
I think that there have been some changes in the guide of AN1 for this year. In Good Character Section (Section 3), there has been the following statement:
"Fixed penalty notices (such as speeding or parking tickets) must be disclosed,
although will not normally be taken into account unless:
• you have failed to pay and there were criminal proceedings as a result
• you received 3 or more fixed penalty notices at any level
• in the past 3 years you received 2 or more fixed penalty notices, at least one of which, was at the upper levels (fine of £200 or more)"
My question is that are Penalty Charge Notices (PCNs) are the same as the Fixed Penalty Notices (FPNs)? If no, do the PCNs need to be then disclosed?
Many thanks
Re: PCNs versus FPNs
Posted: Mon Mar 26, 2018 3:09 pm
by Hstepper07
PCN is a civil matter and will not need to be declared however receiving numerous PCNs within the past year will affect the good character requirement
Re: PCNs versus FPNs
Posted: Mon Mar 26, 2018 3:43 pm
by Forest2thirds
Hi Hstepper07
I am really interested in getting to the source of what you said to Premsai - in particular the bit about "within the past year". I have been digging around the home office's website to no avail. Would you be able to help point me to the right direction? Thanks.
Re: PCNs versus FPNs
Posted: Mon Mar 26, 2018 3:52 pm
by Redempless_0300
PCNs if they are paid in time and settled. There is no need to mention them as they are issued by the local council and you have paid the fine in time.
If you have not paid the PCNs and you have received court notifications or letters to attend then you need to mention them in your application.
All kind of fixed plenty notices speeding fines, points on the driving license you will need to declare them in your application.
Re: PCNs versus FPNs
Posted: Mon Mar 26, 2018 5:30 pm
by abhijack
Redempless_0300 wrote: ↑Mon Mar 26, 2018 3:52 pm
All kind of
fixed plenty notices speeding fines, points on the driving license you will need to declare them in your application.
thanks.
but in which section do you disclose speeding tickets?
do I have to tick yes to a criminal conviction?
if yes, is it still the case if I had attended drivers improvement course and didn't get any points on the license.
i am struggling to find an appropriate section of the form to disclose it. any suggestions?
Re: PCNs versus FPNs
Posted: Mon Mar 26, 2018 7:02 pm
by premsai
Thanks for all the replies...
It seems that from most replies that one does not need to mention PCNs in his/her application. It would be great if we could get confirmation from some expert members.
Thanks.
Re: PCNs versus FPNs
Posted: Mon Mar 26, 2018 10:12 pm
by Hstepper07
Forest2thirds wrote: ↑Mon Mar 26, 2018 3:43 pm
Hi Hstepper07
I am really interested in getting to the source of what you said to Premsai - in particular the bit about "within the past year". I have been digging around the home office's website to no avail. Would you be able to help point me to the right direction? Thanks.
Good question. I know its something I have read in the past and people have also talked about in the forum but cant seem to figure out were. Came across this from an online solicitor while I was searching though so, I am not alone. It feels as if the wording has changed in the HO guidance. My head is popping
Fixed Penalty Notices
A fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) are 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.
In determining whether an applicant meets the "good character" requirement, caseworkers should not normally take into account fixed penalty notices, unless the applicant has received numerous fixed penalty notices in the last 12 months, and this would suggest a pattern of behaviour that calls into question their character.