Fixed Penalty Notices/ PCN Declaration

[xavieryves]

Hi all. I've read a few posts about FPNs but cannot find one that's similar to my queries. Hoping someone will know the answers. (I apologise in advance this is quite loaded I know, but I figured I might as well make one post since it's all to do with one subject)
I helped a relative apply for his BC. We did not declare the PCNs as my understanding from the form was that you only need to do it if they were not paid and ended up going to court. Also there doesn't seem to be anywhere on the form to specifically write about FPN/ PCNs, from what I've been reading, it looks like a few people are getting caught out on this! Also the form mentions FPN but proceeds to mention parking tickets which are PCN, a bit confusing really.

The PCNs were addressed to someone else as the registered driver is a different person, he is an added driver.

My question is, do we write to them to declare these? Is it via email or a letter? if letter do we send recorded? The application has been gone for 10 weeks already and will be 11 weeks this weekend, my worry is the reply might already be on the way and this will probably serve to rock the boat. Also at time of application he had 2 parking tickets and has since had another parking ticket as well as a PCN for Congestion zone after getting lost in London.
If we were to send a letter do we mention the 2 or all of them including the ones post application?

Another question I have is for a different application, of my former dependant. Around 2006/7 she had 3 FPNs for driving alone with Learner's licence and had points on her licence. Over the years since she has had about 2 for speeding and may not even recall if there were any parking tickets etc.
I know that the ones that matter are in the last 3 years but in terms of declaration, do you have to declare all of them since the time you were in the UK?
To complicate things, she is the registered driver for above mentioned PCNs, her son was driving. Does she have to mention when applying that it was someone else driving?

Appreciate all answers.

[nidaulhaque]

Parking tickets are not issue.

FPN you have to mention them does not matter if it's 10 year old or 20

If you already sent application you can send letter to them that to forgot to mention these FPN

[equitydealer]

The reason parking FPNs are mentioned is because you can receive one from the police, e.g parking in a dangerous place. Police issued FPNs for parking are not the same as PCNs issued by local councils which are a civil matter only.

[xavieryves]

Thank you both very much. So am I right in my understanding from above that he does not need to declare council issued parking tickets which are PCNs? or does he need to declare those as well? He does not have any police issued FPNs. I'd prefer to not have to write a letter about the PCNs if we don't have to.

[equitydealer]

No need to declare PCNs, only FPNs need to be.

The Home Office should really clarify this in their guidance notes as it causes confusion.

[xavieryves]

I agree, they really need to make it clearer. Thank you very much for your response

[jhonny19]

PCN is not a big issue.

[Simon222]

Hi Everyone

I understand from what you mentioned above that we do not need to declare the PCNs at all? I am submitting my application in few days and I have only received one FPN (resolved by doing a speed awareness course) in 2016 and two PCNs (parking and bus lane) in 2017 and both paid and I never endured any penalty points or disqualified in the last 11 years. I know they say if you have 3 FPNs in the last three years, the caseworker will consider them in their decision and they include parking tickets and I also know there are two kinds of parking tickets one FPN and One PCN, but the question is, does the caseworker know the difference between the two or we just assume that they know?. For me, it is a bit risky. I am thinking to postpone my application few months to make sure that they will not reject my application for such a misunderstanding!?? please if anybody with experience could help me, please

[Simon222]

ANA Guide: "Section 3: Good character

3.1 - 3.2 You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences. 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)
We will consider the applications against the factors listed in the Good character
guidance."

It is clear that they are taking here about fixed penalty notices, however, in other section, they continue to say that (We will consider the applications against the factors listed in the Good character
guidance.). It says, " 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, The decision maker will not consider these unless the person has:
a. failed ...."


SO my understanding that we have to mention everything including PCN?1 Please advice from an expert ASAP.

[xavieryves]

I'm no expert on this but if it helps, the person for whom I originally posted this query is now a British Citizen. He had 2 council issued PCNs for parking which we did not declare. He had a further 2 council issued PCNs whilst application was with HO. All were under 3 years. Granted, he is a second driver on the car and not the registered driver so they were all addressed to someone else (the registered driver), so for that reason I can't say with certainty that they are not to be declared.
Floor open to experts....

[equitydealer]

Granted, he is a second driver on the car and not the registered driver so they were all addressed to someone else (the registered driver), so for that reason I can't say with certainty that they are not to be declared.
Floor open to experts....

Precisely the reason why PCNs don’t need to be declared, they are against the car itself and its registered keeper, not the person who may have been driving it at the time. Imagine a scenario where an applicant’s husband received a PCN for a yellow box infringement, the car is registered with the applicant why would the applicant be responsible? It’s only where a record is made against the applicant (i.e a FPN) that it may need to be declared on the application form.

[Simon222]

Thank you very much for your inputs. SO with one FPN in 2016 and 2 FCNs in 2017, it would not be risky to submit my application. WOuld it be okay just to mention the PCNs in the cover letter with details to void any sort of whatever they call it?


Best


S