3 Fixed penalty notices and naturalization

[mansawant]

Hi,

I got my full driving license in May 2008 and I got total 3 fixed penalty notices until now (2 for parking and one for taking wrong turn). I am going to submit my naturalization application on 9th August 2010.

Are these fixed penalty issues will affect my application? I have paid those fines immediately and had received last notice in March 2010 but not able to recall the dates for previous two notices.

Can some one please advise?

Regards,
Mansawant

[Backer]

One one hand the guidance claims that fixed penalty fines (such as parking fines) not given in court shold not be declared. On the other hand the caseworker instructions say that 2 successive fines in a 12 month period prior to naturalization might be problematic.

When did your offences take place? Do you or mightl you have 2 in the period August 2009 to August 2010?

[mansawant]

Is there any difference between fixed penalty notices received from councils and DVLA as I have received all 3 from Council not from DVLA?

[Rex]

I was given a questionnaire by NCS lady where last question was

Did you have more than one fixed panelity fine in last 12 months (Yes/No)

I had two parking panelities in last 12 months.

She explained that this question is related to parking tickets etc. but if i paid within given time and did not have court interference then i should say 'NO'

[mansawant]

Thanks Rex for providing the information I was looking for.

I have paid all 3 fixed penalty fines within first 14 days. But I had all these 3 in last 12 months.

So I would say no to fixed panalty fines. But I have to more care now as there is 1 month time for my naturalization application also don't know how much time Home office will take for decision.

.....Manish

[senthil78]

She explained that this question is related to parking tickets etc. but if i paid within given time and did not have court interference then i should say 'NO'

I don't think it is correct. If you have fixed penalty, that's it. If court involves, the issue will be different and need to wait for 5 years. If HO finds that you haven't disclosed the fine, you can't apply next 10 years. It is your responsibility to make sure that you disclosed everything.

[mansawant]

Rex,

When did you get your citizenship?

Regards,
Manish

[Rex]

I only applied on 5th July, i think it will be 4-6 weeks wait. I appled from NCS Newham.

[f2k]

No need to worry about the ones issued by councils or parking agencies eg NCP if you have paid the fine before t went to court. As the form does not require you to give details of these I would not volunteer the information.

[Backer]

From caseworker instructions - Annex D:

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

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 more than one fixed penalty notice in the last 12 months, and this would suggest a pattern of offending. If an application is refused on this basis, the applicant should be advised that he or she can reapply at a time when he or she does not have more than one fixed penalty notice in the twelve month period before making an application

[f2k]

From caseworker instructions - Annex D:

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

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 more than one fixed penalty notice in the last 12 months, and this would suggest a pattern of offending. If an application is refused on this basis, the applicant should be advised that he or she can reapply at a time when he or she does not have more than one fixed penalty notice in the twelve month period before making an application

From the guidance notes it says ‘You must give details of all criminal convictions both within or outside the United
Kingdom. These include road traffic offences, but not fixed penalty notices which have not
been given in a court. Fixed penalty notices include parking and speeding offences. Drink
driving offences must be declared’. With most FPN like parking tickets, the HO will not know about so why highlight to them that you have so many parking tickets in the last year or so

[Backer]

f2k - note I already put in my original post in this thread that:

One one hand the guidance claims that fixed penalty fines (such as parking fines) not given in court shold not be declared. On the other hand the caseworker instructions say that 2 successive fines in a 12 month period prior to naturalization might be problematic.

I'm just providing the information I know about and it is the individual's decision how to act and what to disclose.

[senthil78]

Hi,

I got my full driving license in May 2008 and I got total 3 fixed penalty notices until now (2 for parking and one for taking wrong turn). I am going to submit my naturalization application on 9th August 2010.

Are these fixed penalty issues will affect my application? I have paid those fines immediately and had received last notice in March 2010 but not able to recall the dates for previous two notices.

Can some one please advise?

Regards,
Manish Sawant

Your parking fine is not FPN, It is Penalty Charge Notice (PCN). I assume that you got both parking ticket by PCN. This is normally fixed on the wind screen by parking enforcement officers (Not given by police). I think that you have only one FPN for taking wrong turn (I assume that you would have got this fine by police). If this the case, you have absolutely no issue.

[mrlookforward]

I totally agree with senthil78. A parking ticket is a "penalty charge notice" issued by local council, usually for parking contraventions, driving in bus lanes etc. "Fixed penalty notice" is issued by police for traffic offences.

[mansawant]

Hi Senthil,

Yes I paid two parking fine notices, which were put on my windscreen by parking wardens.

However my third fine for wrong turn in Tooting (South West London), I got notice for that by post as they caught me on CCTV. And I paid that fine to Wandsworth Council, not to DVLA or Police. So not sure whether this one is fixed penalty or not.

Regards,
Manish

[alizarao]

[quote="Backer"]From caseworker instructions - Annex D:

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

[i]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 more than one fixed penalty notice in the last 12 months, and this would suggest a pattern of offending. If an application is refused on this basis, the applicant should be advised that he or she can reapply at a time when he or she does not have more than one fixed penalty notice in the twelve month period before making an application[/i][/quote]

is yr application single or joint? i mean if its joint hen u can say that u got one fixed penalty notice & other is for yr wife......

[senthil78]

Hi Senthil,

Yes I paid two parking fine notices, which were put on my windscreen by parking wardens.

However my third fine for wrong turn in Tooting (South West London), I got notice for that by post as they caught me on CCTV. And I paid that fine to Wandsworth Council, not to DVLA or Police. So not sure whether this one is fixed penalty or not.

Regards,
Manish

Ignore your parking tickets, which are not fixed penalty. Probably your 3rd one is fixed penalty. However, you no need to disclose since you have one FPN and you should be fine.