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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I am in the process of applying for UK naturalisation. I have

Customer Question

I am in the process of applying for UK naturalisation. I have never had any conviction.

So in the last 12 months, I have had 3 parking penalty fines (PCN), which were subsequently referred to the Traffic Enforcement Centre at Northampton County Court, which issued orders for me to pay these fine. I did pay the orders issued by the court on time. I had no other fines or PCN against me.

I'm I right in thinking that these are not treated as criminal convictions? (the court told me that they are not)

Secondly, am I obligated to declare these on the naturalisation application form as civil proceedings against me?

What are the changes of my application being turned on the basis of failing the good character requirements?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.

Could you confirm if these are your only parking tickets?
Did you have to attend court for your convictions?

Kind regards
Customer: replied 2 years ago.

 


Yes, these are the only parking tickets ever! One of them is for overstaying in a street car park 10 minutes longer than I paid for! One is for picking someone up at a taxi rank and the last one for unwitting blocking an entrance! So nothing major.


 


I didn't attend any court for any of these and there was no conviction. I simply did not pay the tickets within the 28 days, so the Local Councils registered it at the Traffic Enforcement Centre, which the issued an orders for me to pay those fines, which I did on time. See details here https://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre/frequently-asked-questions


 


I did have a speeding ticket once, back in 2012 but I told to attend a speed awareness course, which I did and that was the end of it. No court case. No penalty point. Just had to pay for the course and attend.


 


 

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

Fixed Penalty Notices, Penalty Charge Notices and Penalty Notices for Disorder are imposed by the Police or other authorised enforcement officers for traffic rule violations, environmental and civil violations.

It is a way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court. Receiving one does not form part of a person‟s criminal record as there is no admission of guilt.

The decision maker will not consider these unless the person has:

a. failed to pay and there were criminal proceedings as a result; or

b. received numerous fixed penalty notices which would suggest a pattern of behaviour that calls into question their character.

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.

In your case I believe that it should not be an issue and provided you explain why you were given the 3 fines and what had occurred you should not have any problem. As you will note from what I have stated above, provided you did not need to attend court and did not plead guilty to any of the tickets then your application will not be refused due to the criminality requirement.

In respect of good character however, because you have been issued with 3 tickets in 12 months it can be a cause for concern by the immigration officer and he could consider you of not being of good character, I would therefore as suggest ensure that you explain why each ticket was given and how and when you paid for them.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks!


Is there any point in waiting till November, when 2 of the tickets will drop off the 12 months timescale ?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

In respect of good character requirement yes, I would recommend that you wait until more then 12 months have lapsed. It would certainly assist your application.

Kind regrards

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