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old traffic offences

Posted: Mon Jul 23, 2012 8:49 pm
by ialacis
Hi

i can see that citizenship application asks for declaring traffic offense, is thats only for traffic offense committed within past 12 month ?

does a parking ticket raised against me by a private company counts ? or only DVLA/council tickets must be declared.

i was given one FPN in 2012 and one in 2011 but cant remember date of the one in 2011, how can i verify past penalty charges , is there an easy way?

thanks

Posted: Tue Jul 24, 2012 10:46 am
by mcovet
Copyright: Adenuff
Generally speaking Council issued tickets are issued by CEOs (previously known as Parking Attendants) under a decriminalised set of legislation. If you dont pay them then you end up with a charge being registered at TEC. This is not the same as a CCJ and cant affect your credit rating. But you could end up with bailiffs collecting the debt legitimately by removing your goods/impounding your car for sale etc.

Tickets issued by Police and Traffic Wardens are known as FPNs (fixed penalty notices). If you don't pay you can end up in a Magistrates Court. This will not affect your credit rating

Tickets issued by Private Parking Companies such as APCOA can sometimes be on behalf of a local authority in which case see above. PPCs can also be acting on behalf of private companies such as supermarkets etc in which case they are dressed up to look like parking tickets but are in fact invoices.

As with any invoice you could potentially end up arguing the toss in a County Court in which case obviously you could end up with a County Court Judgement (CCJ) against you if you lost. Unsatisfied CCJs can affect credit ratings.


So you need to know exactly who has issued the tickets or invoices because advice on what to do will be different in each case

Generally speaking Council issued tickets are issued by CEOs (previously known as Parking Attendants) under a decriminalised set of legislation. If you dont pay them then you end up with a charge being registered at TEC. This is not the same as a CCJ and cant affect your credit rating. But you could end up with bailiffs collecting the debt legitimately by removing your goods/impounding your car for sale etc.

Tickets issued by Police and Traffic Wardens are known as FPNs (fixed penalty notices). If you don't pay you can end up in a Magistrates Court. This will not affect your credit rating

Tickets issued by Private Parking Companies such as APCOA can sometimes be on behalf of a local authority in which case see above. PPCs can also be acting on behalf of private companies such as supermarkets etc in which case they are dressed up to look like parking tickets but are in fact invoices.

As with any invoice you could potentially end up arguing the toss in a County Court in which case obviously you could end up with a County Court Judgement (CCJ) against you if you lost. Unsatisfied CCJs can affect credit ratings.


So you need to know exactly who has issued the tickets or invoices because advice on what to do will be different in each case

Posted: Tue Jul 24, 2012 10:54 am
by mcovet
Dont confuse a PCN (penalty charge notice) issued by councils for parking/bus lane contraventions on PUBLIC ROADS, with FPNs issued by police for speeding/insurance/red route etc contraventions. FPNs must be declared, PCNs do not, so assuming your 2011-2012 FPNs are actually PCNs then no need to declare.

As regards private companies on PRIVATE land (supermarkets etc) it's not either a pcn or fpn, it's an invoice for a breach of contract for parking on private land. I NEVER pay those as they make it look like it's smth serious and official while being riddled with irregularities. I once spent £400 and 3.5 hours in a shopping centre who then wanted £80 for overstaying the free 2 hour parking. As it's a private matter, i didnt have to disclose te driver's id (my wife) and so told them to eff off or i'd complain to police/british parking association etc if they persist with the harassment.

Posted: Tue Jul 24, 2012 8:06 pm
by ialacis
mcovet wrote:Dont confuse a PCN (penalty charge notice) issued by councils for parking/bus lane contraventions on PUBLIC ROADS, with FPNs issued by police for speeding/insurance/red route etc contraventions. FPNs must be declared, PCNs do not, so assuming your 2011-2012 FPNs are actually PCNs then no need to declare.

As regards private companies on PRIVATE land (supermarkets etc) it's not either a pcn or fpn, it's an invoice for a breach of contract for parking on private land. I NEVER pay those as they make it look like it's smth serious and official while being riddled with irregularities. I once spent £400 and 3.5 hours in a shopping centre who then wanted £80 for overstaying the free 2 hour parking. As it's a private matter, i didnt have to disclose te driver's id (my wife) and so told them to eff off or i'd complain to police/british parking association etc if they persist with the harassment.
thank you, u are correct i did confused PCN with FPN,

so i only need to declare

1. FPN speeding from 2012,
2. also have one FPN from 2007 using mobile phones while driving

i take it as it wont affect my application because there is only one comited within last 12month?

am i suppose to declare all FPN for past 10 years? or just 12month?

Posted: Tue Jul 24, 2012 10:03 pm
by mcovet
I think, the FPN becomes spent after 5 years, that's y all the insurance companies ask if u had any convictions in last 5 years. So wait till it's 5 years since ur fpn from 2007 and only then declare the 2012 fpn when applying.

Posted: Wed Jul 25, 2012 12:21 am
by ujjwaldey
FPN has no spent period - it is not a conviction (unless a fine was awarded by the court)

You shouldn't have more than 1 FPN in the last 12 months. The FPN in 2007 is irrelevant (assuming you didn't have a fine awarded by a court).

Posted: Sun Jul 29, 2012 2:54 am
by ialacis
ujjwaldey wrote:FPN has no spent period - it is not a conviction (unless a fine was awarded by the court)

You shouldn't have more than 1 FPN in the last 12 months. The FPN in 2007 is irrelevant (assuming you didn't have a fine awarded by a court).
i didnt go to the court and thanks for the reply, I have one more question

i recieved another letter from dvla in may this year and they have fined me £80 for not declaring sorn for a car which was subject to insurance claim and handed over to insurance company/written off,

i have a new thread for this http://www.immigrationboards.com/viewto ... highlight=

do i have to declare this one ?
its unclear whether this is FPN or else, all i got is a letter form debt recovery syaing they want to collect the outstanding balance on behalf of their client ( DVLA ) , no points or court involved.

how do i know whether this is classified as a FPN ? do i need to declare?

thank you