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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience:  Over 5 years in practice
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Please are Penalty charge notices(PCN) regarded as Fixed

Customer Question

Hi, Please are Penalty charge notices(PCN) regarded as Fixed Penalty Notices (FPN) for Tier 2 visa application purposes.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Ok I am applying for a tier 2 visa and these questions came up:Do you have any of the following, in the UK or in a
different country?
A criminal conviction, at any time
A driving offence, at any time, eg for speeding
or no insurance
I was arrested and charged, and I am currently
on or awaiting trial
A caution, warning, reprimand or fixed penalty
notice
A court judgment, eg for debt
A fine for breaking UK immigration law (called
a 'civil penalty')I have had 2 PCNs (1 from the colchester council and the other from dart-ford crossing)
I have also had my car clamped, but cannot remember the full details.I am trying to figure what question I need to answer.
Customer: replied 1 year ago.
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Expert:  Jo C. replied 1 year ago.
Who clamped your car?
Customer: replied 1 year ago.
I can't remember the full details. It happened around March/April 2011 in Crewe. I don't remember the full details but I remember paying over the phone to have it released.
Expert:  Jo C. replied 1 year ago.
Ok. But was it the council or the police?What was it clamped for?
Customer: replied 1 year ago.
I think it was a private company (acting on behalf of the council). I am sure it was not the police. It was clamped because it was it broke parking rules. I can't remember the full details. Basically, I had paid for the car via ebay and on getting there to pick up the car the owner showed me it had been clamped, since by ebay rules I could not get my money back, i decided to pay for the release of the car.
Expert:  Jo C. replied 1 year ago.
In that case these are not fixed penalties within the meaning of this question.
These are penalty charge notices rather than fixed penalties. The distinction may not seem a massive one but these fines that you have had were decriminalised parking and congestion contraventions. The question above prompts an answer about PCNs arising from criminal offences such as speeding.
If you are unsure though you could declare it anyway as it will make no difference at all but my reading of the question is that you do not have to.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I just remembered the car didn't have any tax disc. It had just been back from a VIC check.
Expert:  Jo C. replied 1 year ago.
That is a criminal matter so I would declare that if indeed that was the basis of the PCNs.
Customer: replied 1 year ago.
I see. Can I clarify something though. I did not own the car then and didn't drive it too. Although I paid for the car to be realeased. Can it still be counted against me?
Expert:  Jo C. replied 1 year ago.
Actually, are you sure this was the DVLA?
Sometimes private land firms will strike against untaxed cars although they should not be clamping now.
If it is the later then it doesn't offend.
Customer: replied 1 year ago.
I am sure it is DVLA. I did check my bank transactions at that time. And I remember making payment, sorting out my insurance and then getting a new tax disc.
Expert:  Jo C. replied 1 year ago.
Yes, it would be the DVLA that you paid for a tax disc but was the car clamped on private land?
Customer: replied 1 year ago.
No. It was clamped on public road. I remember being told that I had to get a Tax disc and then I would be refunded part of what I paid (a surety fee of some sort).Is there anyway I can confirm it is on my record?
Expert:  Jo C. replied 1 year ago.
That is likely to be the DVLA clamping then.
That should be declared as ultimately it was issued to you.
I realise it wasn't a car registered to you but the driver does have a duty to ensure that any vehicle driven is taxed.
I wouldn't worry about this. It won't have the remotest impact!
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank You very much for helping out.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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