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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
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Experience:  Partner in national law firm
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Naturalisation Application - Parking Penalty Charge is it a

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Naturalisation Application - Parking Penalty Charge is it a Civil Penalty and should go under 3.9 AN application form - Life in the UK Test obtained and submitted for ILR is still valid? I'm filling in my naturalisation application form and have reached this question 3.9 about civil judgments and or civil penalties. I am completely clear from any sort of conviction, court order or judgment. I have however had some parking penalty charges. Do these class as civil penalties? If so for how long back do I need to enter them in the form and are they likely to cause any major issues with my application? I have had 5 of these parking penalties in the last 12 months and 13 of them in the previous 12 months. I don't have any records of any parking tickets before then. By the way, I have always paid my tickets in time, mostly within 14 days and in some occasions with the limit of 30 days and don't have any outstanding one. This may sound a lot but I normally have to pay for my parking ticket (not penalty) every other day given that I travel a lot, I use a mobile app to make the payment for tickets so I have record of them and 6 or 12 out of the number of times i'm putting a ticket on the car is absolutely nothing. Just to give you an idea, I have 10 records of payments for my tickets in the past 2 weeks. So it's truly not my intention to get a penalty ticket but sometimes in does happen if i'm a few minutes late getting back to the car and sometimes the app I use crashes and gives my away not being able to extend my ticket. The way I understand it, civil penalty under immigration acts is related to the fine for an employer who employs an illegal immigrant and receive a civil penalty as a result of this, so a parking penalty should not fall under this act? Perhpas it's worth mentioning that I only have had PCNs and never FPN. The guides are very confusing with this matter!


 


Basically I need to figure out if Parking tickets are part of the civil penalty under the immigration acts to be concerned about them at all or not?


 


Also, I took my Life in the UK Test in November 2012 before I apply for my ILR. Is this still valid to be submitted for my current application? Although I don't understand why this is needed if it was assessed when ILR was issued!

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

The definition of civil penalties under the Immigration Rules is:

"A requirement to pay money that can be imposed for an offence without the need for a court conviction"

Strictly speaking, therefore, a parking ticket is a civil penalty as its issued for an offence which does not require a court hearing or conviction.

But generally speaking UKBA is more concerned about behaviour which represents a threat to national security or is not conducive to thr public good. I think it would be very difficult to argue that receiving a parking ticket is a threat to any security.

My view about these things is to say that you do not have any criminal convictions or civil judgments and no civil penalties apart from parking tickets which have been paid.

Alex
Customer: replied 3 years ago.

Alex, thanks for this.


 


I need you to be little more specific as how to answer as within the questions in form NA:


http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/form_an.pdf


Under section 3.


 


My view is that PCN is not a FPN, and they are only asking for FPN or CPNs that are not paid for.


 


Also I do understand the definition of civil penalty, but the definition of civil penalties under immigration acts, seem to be only focused on the fixed penalty charge issued to employers who have employed illegal immigrants and therefore have been fined for. Let's not forget that majority of people filling this form are on entrepreneur visa and therefore may have had this problem.


From my investigation FPN is issued by police.


To conclude, I think I should answer 3.8 as No. What do you think?


 


Also can you please answer the second part of my question:


 


Also, I took my Life in the UK Test in November 2012 before I apply for my ILR. Is this still valid to be submitted for my current application? Although I don't understand why this is needed if it was assessed when ILR was issued!


 


 

Expert:  Alice H replied 3 years ago.
No problem.

I will have a look at the rules in more details and come back to you tomorrow if I may.

Alex
Customer: replied 3 years ago.

Of course.

Customer: replied 3 years ago.

By the way, the logic I have for PCN is that, PCN will be issued to the car not the owner of the car, and there is a chance that someone else might have been driving a car that for instance belongs to me. On the contrary, when police issues FPN, they actually speak with the driver and check his/her identity so I think it's a little different. You know that police officers can also issue parking tickets but the way they do it is different from councils and their contractors in nature. For instance I don't think police officers would ever issue ticket for not having paid and displayed parking ticket.


So I think a PCN that has been paid for is not something to be declared as part of the application.


Looking forward to hear your comments once you have had a chance to look at the regulations in detail.


 


 


 

Expert:  Alice H replied 3 years ago.
Good morning

I have double checked the rules and am satisified that you can safely answer 'no' to question 3.8.

Firstly the civil penalties UKBA are concerned about are penalties for breaching the immigration rules, which you have not done.

Secondly, parking tickets do not constitute risk to national security or the public generally.

Also you are not required to re-take the Life in the UK test because you have already completed the test as part of your ILR.

Hope this helps.

Alex
Customer: replied 3 years ago.

Thanks Alex.


 


I have researched this more last night and came to this website explaining the FPN which I shall believe is the best source:


 


http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_fixed_penalty_notices/


 


I have done a lot of reading and despite the fact that these kind of parking tickets won't affect the national security or the public, definition and nature of FPN is quite different from PCN. The other fact is, with FPN you don't have the opportunity to appeal therefore the crime is admitted whereas with PCN you have the right to appeal meaning that the guilt is not admitted to.


 


Fixed Penalty Notices are also used to enforce parking restrictions where parking enforcement has not been decriminalised as well as for parking offences on red routes and zig zags, which is certainly not the case for me.


 


So I believe as you said "no" is the answer.

Expert:  Alice H replied 3 years ago.
No problem. Thanks for your custom.
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2849
Experience: Partner in national law firm
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