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Classification of "Offences"

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

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Pekaro
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Joined: Fri Aug 24, 2018 3:18 pm
Germany

Classification of "Offences"

Post by Pekaro » Fri Aug 24, 2018 3:52 pm

I am currently completing my application for British citizenship online and am struggling with the "classification" of my "offences":

1. In 2015, I received a penalty charge notice from the local council for stopping on a restricted bus stop or stand; I paid the reduced fine of £55.

2. In 2017, I paid £124 to the DVLA as an out of court settlement for an unlicensed vehicle. Background is that I had correctly registered the vehicle on purchase, but - due to never having received any documentation from the DVLA - had wrongly assumed that the direct debit for my previous vehicle (de-registered on the same day) would automatically transfer to my new one.

Would the above be considered "driving offences, for example disqualification for speeding or no motor insurance" or "cautions, warning, reprimands or other penalties"?

Furthermore, I attended a speed awareness course ... am I correct in assuming that I will not need to declare this, as no penalty charge notice was issued and no points awarded?

It seems that the online form does not offer a space for additional comments, hence I cannot declare it there.

Thank you very much in advance for your help.

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equitydealer
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Posts: 261
Joined: Sun Dec 02, 2012 6:22 am
United Kingdom

Re: Classification of "Offences"

Post by equitydealer » Fri Aug 24, 2018 4:40 pm

1. You don’t declare PCNs
2. What type of fine was this? Fixed penalty or other?
3. For speeding you would have received a FPN, that still needs to be declared as a record remains of the offence.

There is an additional comments box towards the end of the application.

As you’ve received less than 3 FPNs during the last 12 months it shouldn’t cause an issue with your application but you’ll need to declare them.
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

Pekaro
Newly Registered
Posts: 3
Joined: Fri Aug 24, 2018 3:18 pm
Germany

Re: Classification of "Offences"

Post by Pekaro » Fri Aug 24, 2018 8:47 pm

equitydealer wrote:
Fri Aug 24, 2018 4:40 pm
1. You don’t declare PCNs
2. What type of fine was this? Fixed penalty or other?
3. For speeding you would have received a FPN, that still needs to be declared as a record remains of the offence.

There is an additional comments box towards the end of the application.

As you’ve received less than 3 FPNs during the last 12 months it shouldn’t cause an issue with your application but you’ll need to declare them.
Many thanks for your quick reply. In response to your question re. 2:

From the beginning (very first letter), the DVLA referred to the fine as an "out of court settlement to avoid court action" for an offence contrary to section 29 of the Vehicle Excise and Registration Act 1994. It furthermore states that the "penalty does not include any element of duty" (whatever this means).

As for the comments box ... I found it, thanks so much for pointing me in the right direction.

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equitydealer
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Posts: 261
Joined: Sun Dec 02, 2012 6:22 am
United Kingdom

Re: Classification of "Offences"

Post by equitydealer » Sat Aug 25, 2018 7:26 am

According to the below it’s a criminal offence, even though it was dealt by way of an OCS, therefore probably needs to be declared.

https://assets.publishing.service.gov.u ... vised_.pdf
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

Pekaro
Newly Registered
Posts: 3
Joined: Fri Aug 24, 2018 3:18 pm
Germany

Re: Classification of "Offences"

Post by Pekaro » Tue Aug 28, 2018 7:39 pm

equitydealer wrote:
Sat Aug 25, 2018 7:26 am
According to the below it’s a criminal offence, even though it was dealt by way of an OCS, therefore probably needs to be declared.

https://assets.publishing.service.gov.u ... vised_.pdf
Thanks again for your reply, equitydealer ... I will definitely declare it (particularly since I had also declared it in my residence application), but am unsure where. Does it classify as a "driving offence" or a "caution, warning, reprimand and other penalty"?

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