One Overspeeding & 4 Penalty Notices - Naturalisation

[iyanu]

Hi Guys,

I am due to apply for Natuaralization by the end of November but within the last 3 months unfortunate incidences have happenned that I thought, there is no need for me to apply...


I had an overspeeding ticket, which I paid immediately. Police said that I was doing 60Miles/hr in a 50Miles/hr road on A3.

Before then though I had 2 congestion penalty notices and I have had 2 'entering and stopping in a box junction (yellow lines)', which I have paid all the fines.

In all these I know I have reasonable reasons to appeal but I am also aware what it means if they turned out to be court cases for me..the outlook will look worse than it is right now, isn't it?


My questions are:

1. should I apply for BC at the end of the month or not... ?

2. If I were to apply, should I mention all these penalty notices in my AN Form?

Your responses and pieces of advice will be highly appreciated.

Thanks!

[Newbies]

I think you will be fine. It is only the overspeeding fine that is a fixed penalty and you have already paid it. The other 2 congestion charges will not count as far as it was not issued in the court. Do not appeal simply pay the fine end of the matter and no need to declare it on the Forn AN. I might be wrong in my answers hopefully the expert here will help with more detailed response.

[magsi23]

Although it doesnt say application should refused doesnt mean it can not be.


From caseworker instructions - Annex D

"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."

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


Regards

[asp]

Up to you whether you apply now or wait until these are a year old, but if you apply I strongly advise you to mention these penalties on your application. If you don't mention them you will be storing up trouble for when HO run police checks on you.

[Newbies]

Up to you whether you apply now or wait until these are a year old, but if you apply I strongly advise you to mention these penalties on your application. If you don't mention them you will be storing up trouble for when HO run police checks on you.

The OP should be fine. Congestion charge penalty/yellow lines are not fixed penalty these are penalty noticies from Transport For London "TFL" OP have only 1 fixed penalty i.e overspeeding.

[magsi23]

Up to you whether you apply now or wait until these are a year old, but if you apply I strongly advise you to mention these penalties on your application. If you don't mention them you will be storing up trouble for when HO run police checks on you.

The OP should be fine. Congestion charge penalty/yellow lines are not fixed penalty these are penalty noticies from Transport For London "TFL" OP have only 1 fixed penalty i.e overspeeding.

I Beleive entering and stopping in a box junction (yellow lines) is Fixed penalty notice as well as speeding so that makes 2 fixed penalty notices in the last 12 months


Regards

[Newbies]

Hi Guys,

I am due to apply for Natuaralization by the end of November but within the last 3 months unfortunate incidences have happenned that I thought, there is no need for me to apply...


I had an overspeeding ticket, which I paid immediately. Police said that I was doing 60Miles/hr in a 50Miles/hr road on A3.

Before then though I had 2 congestion penalty notices and I have had 2 'entering and stopping in a box junction (yellow lines)', which I have paid all the fines.

In all these I know I have reasonable reasons to appeal but I am also aware what it means if they turned out to be court cases for me..the outlook will look worse than it is right now, isn't it?


My questions are:

1. should I apply for BC at the end of the month or not... ?

2. If I were to apply, should I mention all these penalty notices in my AN Form?

Your responses and pieces of advice will be highly appreciated.

Thanks!

What does the penalty says? Is it PCN or FPN. Note: Penalty Charge Notice Issued by Councils, wardens or CCTV, Fixed Penalty Notice are issued by the Police

[iyanu]

Thanks for all your comments - magsi23, Newbies, asp.

Honestly this is the reason I throw this to the board for discussion as I am also very confused as to what constitutes a FPN (Fixed Penalty Notice) and PCN (Penalty Charge Notice)!

It looks like Newbies is actually helping to point out the correct observation here because on my Metro police yellow paper that was given to me by the Police, FPN (Fixed Penalty Notice) is what is written on it while on the Congestion and Yellow lines notices have PCN (Penalty Charge Notice) written on them.

Now can somebody please clarify this - are Congestion and Yellow lines Charges constitute a FPN (Fixed Penalty Notice) or a PCN (Penalty Charge Notice)?

[Newbies]

Thanks for all your comments - magsi23, Newbies, asp.

Honestly this is the reason I throw this to the board for discussion as I am also very confused as to what constitutes a FPN (Fixed Penalty Notice) and PCN (Penalty Charge Notice)!

It looks like Newbies is actually helping to point out the correct observation here because on my Metro police yellow paper that was given to me by the Police, FPN (Fixed Penalty Notice) is what is written on it while on the Congestion and Yellow lines notices have PCN (Penalty Charge Notice) written on them.

Now can somebody please clarify this - are Congestion and Yellow lines Charges constitute a FPN (Fixed Penalty Notice) or a PCN (Penalty Charge Notice)?

As you already mentioned above the congestion charge and yellow lines are PCN it does not affect the naturalization process they are just like parking fines as far as you did not allowed it to go to court. Now you only have 1 Fixed Penalty Notice for overspeeding. The choice is yours to mentioned it or not, as far as it is only 1 it will not have any negative outcome. If you are in doubt call UKBA to confirm this.

[iyanu]

Thanks a lot Newbies, I think you have clarified it now and people will now be able to understand what constitute a FPN and a PCN when filling the AN form.

Thanks for your comments I will not need to mention it as the 3 point on my driver license will give all that away anyway!

Thanks guys for your contributions!

[angel786]

Thanks a lot Newbies, I think you have clarified it now and people will now be able to understand what constitute a FPN and a PCN when filling the AN form.

Thanks for your comments I will not need to mention it as the 3 point on my driver license will give all that away anyway!

Thanks guys for your contributions!

Hello

My advice will be to declare it or call the homeoffice and seek advice

[tonytee]

Without prejudice to the contributions of members on this issue, could John (or any other moderator volunteer an opinion on this.

Many thanks.

Tony

[roopscisco]

Up to you whether you apply now or wait until these are a year old, but if you apply I strongly advise you to mention these penalties on your application. If you don't mention them you will be storing up trouble for when HO run police checks on you.

The OP should be fine. Congestion charge penalty/yellow lines are not fixed penalty these are penalty noticies from Transport For London "TFL" OP have only 1 fixed penalty i.e overspeeding.

I Beleive entering and stopping in a box junction (yellow lines) is Fixed penalty notice as well as speeding so that makes 2 fixed penalty notices in the last 12 months


Regards

i think the Entering & Stopping is NOT a FIXED PENALTY NOtice. so in this case, the Speeding is the only offense to be considered.

[iyanu]

Hi guys,

I made a call to the UKBA on 08450105200 option 2 then option3 to ask about what they considered as FPN or PCN:

I said to the guy I have over-speeding notice fine and he said that it was a Fixed Penalty Notice and if I was refused it might take up to 5 years before I could be allowed to re-apply.

And when I asked about 'congestion charges' and 'yellow line box' he said I should be fine those are normal charges (PCN) and they don't consider them...

I hope this will help clarify this 'cross road' we have been dealing with over the weekend.

Many thanks all!

[magsi23]

Hi guys,

I made a call to the UKBA on 08450105200 option 2 then option3 to ask about what they considered as FPN or PCN:

I said to the guys I have over-speeding notice fine and he said that it is a Fixed Penalty Notice and if I am refused it may take up to 5 years before I can be allowed to re-apply.

And when I asked about 'congestion charges' and 'yellow line box' he said I should be fine those are normal charges (PCN) and they don't consider them...

I hope this will help clarify this 'cross road' we have been dealing with over the weekend.

Many thanks all!

I suggest you should declare your overspeeding FPN and you should apply, I am sure you will be fine.

[tonytee]

With the clarification by UKBA, Iyanu does not ned to declare the Fixed penalty as she did not go to court

[iyanu]

Ok. thank you all for your inputs.

I will be applying and my resolution is I will mention the FPN in my application as I thought mentioning it does not reduce or enhance my chances whatsoever going by the 'Nationality instruction Policy Chapter18D' on 'Good character' guidance.

Since the case worker is expected to take no negative decision as this is just single PFN I have had in 12 months, then that clarify itself...and mentioning it shows that I am transparent about my application and the decision now lies with the case worker to approve or not to.

Thanks guys.

[angel786]

Ok. thank you all for your inputs.

I will be applying and my resolution is I will mention the FPN in my application as I thought mentioning it does not reduce or enhance my chances whatsoever going by the 'Nationality instruction Policy Chapter18D' on 'Good character' guidance.

Since the case worker is expected to take no negative decision as this is just single PFN I have had in 12 months, then that clarify itself...and mentioning it shows that I am transparent about my application and the decision now lies with the case worker to approve or not to.

Thanks guys.

That's the best way possible as previously advised-

[avjones]

Just for reference, it's "speeding", not "over-speeding".