Naturalisation Court Issue

[akythaky]

Hi,

Hope you are doing good.

I had filled an N244 application for the PCN raised, as I had moved from my old place and did not change the address. So PCN was never received to me. After 1 year I received letter from debit collector asking around 900 pounds. So I raised N244 application form which was rejected.

Then I decided to go to court paying extra 80 pounds in person, but my appeal was rejected so I made payment of initial amount asked by the debit collector.

Now I want to apply for Naturalisation so yesterday I had booked appointment with the nationality checking service, they asked me about the PCN so I explained the above things. Now they want me provide some kind of evidence from court that it is was not a criminal offense.

Please can you help me with this.

[SouthWest1]

I am afraid to say it is a Non-custodial conviction and will result in 3 years ban( from the date of the court order) before you can apply for naturalisation.
the court rejected the appeal and therefore it is considered as a criminal conviction in regards to the "good Character" requirements.

have a look at the following sticky note http://www.immigrationboards.com/britis ... 36725.html

[akythaky]

Hi,

Sorry for the late reply. I was busy with chasing solicitor and gathering more proof about the PCN.

After discussing with the county court , they mentioned the application N244 is not consider as county court judgement.

Please go through following website.

http://www.justice.gov.uk/courts/northa ... -questions

The last query suggest it is not consider as county court judgement

Will the charge be registered as a judgment?
A penalty charge registration is not registered on a collective register in the same way a County Court Judgment is.

The naturilsation guide mentions as

3.6 – 3.7 You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences. Fixed penalty notices will not normally be taken in to account unless:
you have failed to pay and there were criminal proceedings as a result; or
you have received numerous fixed penalty notices

I have paid my PCN only reason I approached county court as I never received any PCN. My case clearly mentions it is neither a criminal offense or non –custodial offense.

4. A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record. Application will normally be refused if the conviction occurred in the last 3 years.

Please can you guide me about the issue and best way to handle the situation.

Cheers

[akythaky]

I am afraid to say it is a Non-custodial conviction and will result in 3 years ban( from the date of the court order) before you can apply for naturalisation.
the court rejected the appeal and therefore it is considered as a criminal conviction in regards to the "good Character" requirements.

have a look at the following sticky note http://www.immigrationboards.com/britis ... 36725.html

------------------------------------

Hi,

Sorry for the late reply. I was busy with chasing solicitor and gathering more proof about the PCN.

After discussing with the county court , they mentioned the application N244 is not consider as county court judgement.

Please go through following website.

http://www.justice.gov.uk/courts/northa ... -questions

The last query suggest it is not consider as county court judgement

Will the charge be registered as a judgment?
A penalty charge registration is not registered on a collective register in the same way a County Court Judgment is.

The naturilsation guide mentions as

3.6 – 3.7 You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences. Fixed penalty notices will not normally be taken in to account unless:
you have failed to pay and there were criminal proceedings as a result; or
you have received numerous fixed penalty notices

I have paid my PCN only reason I approached county court as I never received any PCN. My case clearly mentions it is neither a criminal offense or non –custodial offense.

4. A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record. Application will normally be refused if the conviction occurred in the last 3 years.

Please can you guide me about the issue and best way to handle the situation.

Cheers

[Amber]

If you didn't receive a FPN in the post and you were disputing this you should have given a statutory declaration to have the resulting fine set aside.

[akythaky]

Hi,

Thanks for your message. I had filled statutory declaration but it got rejected then I appealed using application N244 , and before going to court I clearly asked to the Advisor that it won't be counted as County court judgment or any non-custodial offense, hence I agreed to go to court for the hearing. My application was rejected without hearing to me and I paid the full payment with penalty. That was around 700 pounds on the same day my appeal was rejected.

My only concern is If my naturalization application will be rejected on this basis, please advice.

Cheers,A

[Amber]

Consider:

Where a fixed penalty notice or fiscal fine has been referred to a court due to non-payment or
the notice has been unsuccessfully challenged by the person in court, the decision maker will
consider this as a conviction and assessed in line with the new sentence imposed.

[akythaky]

Thanks for your message.

In this case only option is I have to wait for 3 years.

Cheers,
Akshay