Immigrationboards.com

Hey guys,

I am looking to apply for British Citizenship in July 2024. At the moment, I'm a permanent resident (ILR in 2020), living in the UK since 2010.

I have to travel a lot around London because of my work, and as a result, during these years, I have received quite a few PCNs (Penalty Charge Notices), Parking Charge Notices, and some FPNs (Fixed Penalty Notices). As far as I understand, PCNs (Penalty Charge Notices) and Parking Charge Notices are normally disregarded. However, I have quite a lot of them. I need advice regarding which of them I need to declare and which not. Please note that some of them are not related to driving a car.


1. Congestion Charge PCNs on 25/05/2019, 01/06/2019, 04/06/2019. I made a representation but received a Notice of Rejection. Do I need to declare these PCNs?


2. ULEZ PCNs on 25/05/2019, 29/05/2019, 31/05/2019, 01/06/2019. I made a representation but received a Notice of Rejection. Do I need to declare these PCNs?


3. Other PCNs and Parking Charge Notices. Do I need to declare these PCNs?

* 04/08/2021 - PCN by Waltham Forest - Entering and stopping in a box junction when prohibited - Paid in full, £65
* 04/12/2021 - PCN by Transport for London/Mayor of London - Vehicle stopped where prohibited (on a red route or clearway) - Paid in full, £65
* 17/12/2021 - PCN by Transport for London/Mayor of London - Vehicle stopped where prohibited (on a red route or clearway) - Paid in full, £65
* 10/05/2022 - Parking Charge Notice by Total Parking Solutions - Breaching parking terms and conditions - Paid in full, £60. This is a Parking Charge Notice from a private company. Do I need to declare it?
* 15/06/2022 - Parking Charge Notice by Horizon Parking - Breaching parking terms and conditions - I made a representation and as a result paid £60. This is a Parking Charge Notice from a private company. Do I need to declare it?
* 29/06/2022 - PCN by Camden - Failing to comply with a prohibition on certain types of vehicle - Paid in full, £65
* 13/07/2022 - PCN by City of Westminster - Parked wholly or partly in a suspended bay or space - Paid in full, £65
* 13/09/2022 - PCN by City of Westminster - Parked wholly or partly in a suspended bay or space - Paid in full, £65
* 27/03/2023 - Parking Charge Notice by NCP - Didn’t pay parking charge - Paid in full, £15 (with 1st-time discount). This is a Parking Charge Notice from a private company. Do I need to declare it?
* 11/04/2023 - Parking Charge Notice by Parkingeye - Stayed too long in a car park - Paid in full, £60. This is a Parking Charge Notice from a private company. Do I need to declare it?
* 07/12/2023 - PCN by London Borough of Merton - Entering and stopping in a box junction where prohibited - Paid in full, £65
* 06/02/2024 - PCN by Wandsworth - Failing to comply with a prohibition on certain types of vehicle - Paid in full, £65


4. 20/02/2023 - PCN by Wandsworth - Entering and stopping in a box junction when prohibited - I made a representation, but I think it was unsuccessful, or possibly they didn’t receive it. As a result, an order to recover a Penalty Charge Notice has been made against me at the Traffic Enforcement Centre at the County Court Business Centre. I paid in full, £165, plus a £9 court registration fee, £174 total. I guess I do need to declare this, don’t I? Can an unsuccessful representation of a PCN be a reason for refusal?


5. Cancelled PCNs and Parking Charge Notices. Do I need to declare these PCNs?

* 07/12/2022 - PCN by Islington - Parked wholly or partly in a suspended bay or space - I made a representation and as a result, the PCN was cancelled.
* 21/04/2023 - PCN by The Royal Borough of Kensington and Chelsea - Parked without payment of the parking charge - I made a representation and as a result, the PCN was cancelled.
* 09/05/2023 - Parking Charge Notice by Parkingeye - Stayed too long in a car park - I made a representation and as a result, the Parking Charge Notice was cancelled.


6. 05/02/2024 - Penalty Notice by London Borough of Sutton - Penalty Notice for my son's 5-day absence from school because of an unauthorized holiday trip - Paid in full, £120. Do I need to declare it and where does it go in the form?


7. 16/12/2021 - Conditional Offer of Fixed Penalty by Metropolitan Police - Conditional Offer of Fixed Penalty - Drive a vehicle when the registration mark failed to conform with regulations (number plate did not comply with standards) - Paid in full, £100


8. 19/09/2020 - FPN by Borough of Sutton - Fly-tipping of waste. I dumped a couple of bin bags into the garbage bins that are not related to my home address. Paid in full, £400 fixed penalty.


9. 26/05/2022 - FPN by Essex Police - Exceeding a 50mph speed restriction on a special road/motorway - automatic camera device - Paid in full £100 penalty and received 3 penalty points.


10. I’ve also twice attended & completed your National Speed Awareness Course for speeding, once in May 2022 and once in October 2023. At the moment, I have 3 points, expiry date 22/05/2025, removal date 22/04/2026. What do I do here? I don’t have any other records left. How are these courses treated? Do I need to declare them?


11. I’ve probably had a few Notifications of Late Filing Penalty Charge from HM Revenue and Customs. I made representations for some of them and they were cancelled. The other ones I paid. Unfortunately, I have just one of them; the other ones are lost. What do I do here?


12. 02/09/2024 - Summons in respect of Council Tax by Croydon Magistrates Court - Paid in full, £1351 debt + £110 Billing Authority for obtaining this Summons = £1461 total. Do I need to declare it and where does it go in the form?


13. I think there were some more Congestion Charge, ULEZ, Parking and other PCNs that I received before 2019, and possibly some more during the last 5 years, but I paid them all and binned them. If I still need to declare PCNs, what do I do with the ones that I’ve lost or binned?


What are the chances that these will cause a refusal of my prospective British Citizenship application?
Do you think I should wait a few years before applying or should I do it now?
What are my options? Please let me know.

Many thanks in advance,
Tony




For any FPNs you received, as well as late filing by HMRC, do your best to retrieve the details. The HMRC helpline may be a resource for you - call them and ask about these late filings, they may have them still on record.

Cancelled FPNs/PCNs are not relevant. Nor are awareness courses as you were not issued a FPN.

I am assuming you paid all of these, also those you received a notice of rejection for?

Why have you been summoned regarding Council Tax? Have you made a repayment plan?

Overall, you haven't committed serious offences, BUT there is a pattern there, which may indicate to the Home Office that you tend to disregard the rules.

From the Good character guidance https://assets.publishing.service.gov.u ... racter.pdf

Fixed penalty notices, penalty charge notices and 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 for traffic rule
violations, environmental and civil violations. A fixed penalty notice may also be
issued where a person has committed an offence under the coronavirus Regulations.
It is a way of the criminal justice system disposing of minor offences without the need
for a person to attend court.
Receiving one does not form part of a person’s criminal record. A fixed penalty
notice will not normally result in refusal unless the person has failed to pay or has
unsuccessfully challenged the notice and there were subsequent criminal
proceedings resulting in a conviction. In such instances, they should be treated in
line with the sentence imposed by the court.
However, multiple fixed penalty notices over a short period of time, could
demonstrate a disregard for the law and therefore demonstrate that someone is not
of good character.
See considering the balance of probabilities for more information.

Considering the balance of probabilities
Where a person has criminality that would not normally result in the refusal of their
application, you must decide whether they are of good character, on the balance of
probabilities.
An assessment of whether or not a person is of good character on the balance of
probabilities, must take account of all available information concerning the
applicant’s character, weighing any negative factors around criminality against
mitigating factors such as contributions a person has made to society or any
significant proportions of a person’s life spent not offending.
You must consider the individual circumstances of the case; what may be
appropriate for one case will not be appropriate for another. Each application must
be carefully considered on an individual basis on its own merits, giving consideration
to the (non-exhaustive) list of factors below:
Length of time since offences
You must consider how long ago the offences took place. The more recent the
offence, the more likely it is the applicant is not of good character.
Older offences may still indicate the person is not of good character, if the
circumstances of the conviction or disposal call the person’s character into question.
It is also more likely that a person will not be meet the good character requirement on
the sole basis of non-custodial offences or out of court disposals where the offences
took place recently.
Number of offences
You must consider the number of offences on the applicant’s record. There is no set
number of non-custodial sentences or out of court disposals that would mean a
person is not of good character; however, the higher the number the more likely it is
the person is not of good character.
A person who persistently shows a lack of respect for, or desire to comply with, the
law of the UK, through frequent criminal activity and adverse engagement with the
judicial system, can be considered to show a particular disregard for the law.
Where a person is identified as a persistent offender who has shown a particular
disregard for the law, they will normally not be considered to be of good character on
that basis alone.
Period over which offences were committed
You must consider the period over which offences were committed or other
disposals occurred. For example, a series of minor offences or disposals in a short
space of time may indicate a pattern of sustained anti-social behaviour or disregard
for the law which will be relevant to the assessment of the person’s character.
Older non-custodial sentences or out of court disposals may be relevant if there are
other serious factors.
Where a person is identified as a persistent offender who has shown a particular
disregard for the law, they will normally not be considered to be of good character on
that basis alone.

...

Other mitigating factors
You must also consider whether the applicant has demonstrated genuine,
meaningful attempts to change their behaviour and comply with the law that may
indicate, on a balance of probabilities, they are now considered to be of good
character despite earlier offending. A long period of time with no offending will be a
more positive factor than a short period of time.
An applicant may have also been involved in activities that indicate they may be of
good character. For example, they may have,
• engaged with programmes or activities aimed at addressing the cause of the
offending, such as (but not limited to) treatments aimed at reduction of alcohol
consumption, or drug dependency or anger management courses
• actively engaged with voluntary work, charity work, or actively promoted the
reduction of crime
The list of factors is indicative, not exhaustive.

I suggest that you should review your list in chronological order, removing the ones I mentioned above which are not relevant. You do have (if I counted correctly) at least 3 FPNs in 5 years. You never committed any serious offence, but from the amount of small infractions you committed you may give the impression of having a general disregard of the rules - note it is hard to know what the HO may consider a pattern, or if there is a maximum number of FPNs over a certain period of time that leads to refusal.

What I would recommend, after reassessing the number/frequency of offences, is to do your very best to spend at least a year without getting any PCNs/FPNs and to do something that shows your character has changed (eg volunteering in the community, taking a safe driving course)

https://www.gov.uk/government/publicati ... sentencing

"However, multiple fixed penalty notices over a short period of time, could demonstrate a disregard for the law and therefore demonstrate that someone is not of good character."

Casa wrote: ↑

Thu Jul 11, 2024 4:58 pm

https://www.gov.uk/government/publicati ... sentencing

"However, multiple fixed penalty notices over a short period of time, could demonstrate a disregard for the law and therefore demonstrate that someone is not of good character."

I'm not sure I understand rhings right. It's saying "multiple fixed penalty notices", but does it also include PCNs (Penalty Charge Notices) and Parking Charge Notices? If we are talking only about the FPNs, then I have just 3 of them.

contorted_svy wrote: ↑

Thu Jul 11, 2024 4:15 pm

For any FPNs you received, as well as late filing by HMRC, do your best to retrieve the details. The HMRC helpline may be a resource for you - call them and ask about these late filings, they may have them still on record.

Cancelled FPNs/PCNs are not relevant. Nor are awareness courses as you were not issued a FPN.

I am assuming you paid all of these, also those you received a notice of rejection for?

Why have you been summoned regarding Council Tax? Have you made a repayment plan?

Overall, you haven't committed serious offences, BUT there is a pattern there, which may indicate to the Home Office that you tend to disregard the rules.

From the Good character guidance https://assets.publishing.service.gov.u ... racter.pdf

Fixed penalty notices, penalty charge notices and 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 for traffic rule
violations, environmental and civil violations. A fixed penalty notice may also be
issued where a person has committed an offence under the coronavirus Regulations.
It is a way of the criminal justice system disposing of minor offences without the need
for a person to attend court.
Receiving one does not form part of a person’s criminal record. A fixed penalty
notice will not normally result in refusal unless the person has failed to pay or has
unsuccessfully challenged the notice and there were subsequent criminal
proceedings resulting in a conviction. In such instances, they should be treated in
line with the sentence imposed by the court.
However, multiple fixed penalty notices over a short period of time, could
demonstrate a disregard for the law and therefore demonstrate that someone is not
of good character.
See considering the balance of probabilities for more information.

Considering the balance of probabilities
Where a person has criminality that would not normally result in the refusal of their
application, you must decide whether they are of good character, on the balance of
probabilities.
An assessment of whether or not a person is of good character on the balance of
probabilities, must take account of all available information concerning the
applicant’s character, weighing any negative factors around criminality against
mitigating factors such as contributions a person has made to society or any
significant proportions of a person’s life spent not offending.
You must consider the individual circumstances of the case; what may be
appropriate for one case will not be appropriate for another. Each application must
be carefully considered on an individual basis on its own merits, giving consideration
to the (non-exhaustive) list of factors below:
Length of time since offences
You must consider how long ago the offences took place. The more recent the
offence, the more likely it is the applicant is not of good character.
Older offences may still indicate the person is not of good character, if the
circumstances of the conviction or disposal call the person’s character into question.
It is also more likely that a person will not be meet the good character requirement on
the sole basis of non-custodial offences or out of court disposals where the offences
took place recently.
Number of offences
You must consider the number of offences on the applicant’s record. There is no set
number of non-custodial sentences or out of court disposals that would mean a
person is not of good character; however, the higher the number the more likely it is
the person is not of good character.
A person who persistently shows a lack of respect for, or desire to comply with, the
law of the UK, through frequent criminal activity and adverse engagement with the
judicial system, can be considered to show a particular disregard for the law.
Where a person is identified as a persistent offender who has shown a particular
disregard for the law, they will normally not be considered to be of good character on
that basis alone.
Period over which offences were committed
You must consider the period over which offences were committed or other
disposals occurred. For example, a series of minor offences or disposals in a short
space of time may indicate a pattern of sustained anti-social behaviour or disregard
for the law which will be relevant to the assessment of the person’s character.
Older non-custodial sentences or out of court disposals may be relevant if there are
other serious factors.
Where a person is identified as a persistent offender who has shown a particular
disregard for the law, they will normally not be considered to be of good character on
that basis alone.

...

Other mitigating factors
You must also consider whether the applicant has demonstrated genuine,
meaningful attempts to change their behaviour and comply with the law that may
indicate, on a balance of probabilities, they are now considered to be of good
character despite earlier offending. A long period of time with no offending will be a
more positive factor than a short period of time.
An applicant may have also been involved in activities that indicate they may be of
good character. For example, they may have,
• engaged with programmes or activities aimed at addressing the cause of the
offending, such as (but not limited to) treatments aimed at reduction of alcohol
consumption, or drug dependency or anger management courses
• actively engaged with voluntary work, charity work, or actively promoted the
reduction of crime
The list of factors is indicative, not exhaustive.

I suggest that you should review your list in chronological order, removing the ones I mentioned above which are not relevant. You do have (if I counted correctly) at least 3 FPNs in 5 years. You never committed any serious offence, but from the amount of small infractions you committed you may give the impression of having a general disregard of the rules - note it is hard to know what the HO may consider a pattern, or if there is a maximum number of FPNs over a certain period of time that leads to refusal.

What I would recommend, after reassessing the number/frequency of offences, is to do your very best to spend at least a year without getting any PCNs/FPNs and to do something that shows your character has changed (eg volunteering in the community, taking a safe driving course)

Thank you for such a detailed answer! I still have a few more questions if you don't mind.

No. 1, 2, and 3 are all PCNs. Some are for ULEZ and Congestion Charge, some for Parking, some for something else. But they are all still PCNs, not FPNs. Do I need to declare them at all? Do they see them at all in their system? I guess they should not, as PCNs are addressed to a vehicle owner and potentially driver could be someone else (my wife, for example). Now I can't even remember which PCNs were received by me and which of them by my wife.

Also, what about this one? Do I need to declare this PCN:
20/02/2023 - PCN by Wandsworth - Entering and stopping in a box junction when prohibited - I made a representation, but I think it was unsuccessful, or possibly they didn't receive it. As a result, an order to recover a Penalty Charge Notice has been made against me at the Traffic Enforcement Centre at the County Court Business Centre. I paid in full, £165, plus a £9 court registration fee, £174 total. I guess I do need to declare this, don't I? Can an unsuccessful representation of a PCN be a reason for refusal?

I confirm that everything was paid, including those with notice of rejection.

I was summoned regarding Council Tax as I missed the payment. I paid straight away after receiving this letter. Do I declare the summons?

Do I need to declare this one:
05/02/2024 - Penalty Notice by London Borough of Sutton - Penalty Notice for my son's 5-day absence from school because of an unauthorized holiday trip - Paid in full, £120. Do I need to declare it and where does it go in the form?

And thank you very much for your suggestions about volunteering in the community, taking a safe driving course. That might be helpful!

Also, do they want information just about the last 5 years?

I will try to address your queries, though this may be my interpretation rather than the actual guidance as I quoted to you everything that explicitly covers your case - advise to read it all anyway.

Tony_LV wrote: ↑

Thu Jul 11, 2024 6:42 pm

No. 1, 2, and 3 are all PCNs. Some are for ULEZ and Congestion Charge, some for Parking, some for something else. But they are all still PCNs, not FPNs. Do I need to declare them at all? Do they see them at all in their system? I guess they should not, as PCNs are addressed to a vehicle owner and potentially driver could be someone else (my wife, for example). Now I can't even remember which PCNs were received by me and which of them by my wife.

If the vehicle is in your name, one could infer that you committed most of those violations. If they were all paid, theoretically they shouldn't be a problem HOWEVER the fact you received so many may raise a problem. I do not know how they would find out but surely they have ways to conduct background checks.

Tony_LV wrote: ↑

Thu Jul 11, 2024 6:42 pm

Also, what about this one? Do I need to declare this PCN:
20/02/2023 - PCN by Wandsworth - Entering and stopping in a box junction when prohibited - I made a representation, but I think it was unsuccessful, or possibly they didn't receive it. As a result, an order to recover a Penalty Charge Notice has been made against me at the Traffic Enforcement Centre at the County Court Business Centre. I paid in full, £165, plus a £9 court registration fee, £174 total. I guess I do need to declare this, don't I? Can an unsuccessful representation of a PCN be a reason for refusal?

I wouldn't say it causes an issue as you paid what you were requested. As it is a PCN normally these are not declared, but as I highlighted above you have a pattern of receiving a consistent amount of them - unsure how this is interpreted by caseworkers.

Tony_LV wrote: ↑

Thu Jul 11, 2024 6:42 pm

I was summoned regarding Council Tax as I missed the payment. I paid straight away after receiving this letter. Do I declare the summons?

Was this a trial? Was it an out of court disposal?

Tony_LV wrote: ↑

Thu Jul 11, 2024 6:42 pm

Do I need to declare this one:
05/02/2024 - Penalty Notice by London Borough of Sutton - Penalty Notice for my son's 5-day absence from school because of an unauthorized holiday trip - Paid in full, £120. Do I need to declare it and where does it go in the form?

It seems like a Penalty Charge Notice so it would be akin to a parking offence. Again normally these are not a matter to have to declare but you have a certain number to your name.

I would not declare these in the online form, rather I would write the details in a cover letter and in the Good character box declare that you are providing details of your offences in the cover letter.

Note that a late filing notice from HMRC is a FPN therefore it would need to be declared for sure. How many of those did you receive that weren't cancelled?

For this kind of offences, only the last 5 years matter.