FIXED PENALTY NOTICE

[niraj]

hi,
My name is niraj, and i have been living in UK since 2005 and got my ILR in april 2012.
now i have decided to apply for the Naturalisation, and I have recived a call from the council today for an appointment,
then she asked me few questions, I mentioned about the points I have on my licence. I have 6 points all together, 3 points for OFFENCE CODE LC20
and 3 points for OFFENCE CODE CU10 and both this points i have received last year In SEPTEMBER 2012. she said she will check with the home office regarding this and will call back, later she called and said, i have to wait for 3 years as this an offence.as its not reflects a good character, But I don't understand why? as i haven't received any summon, no letters from court and i haven't been to court as-well for any of this reasons. and this was just a fixed penalty and which i have paid strait away and it says on my licence as(2665 fixed penalty)
I really need your help to know what should i do, and how to proceed now as, this is really embarrassing.
plz advice me
thank you

[Amber]

If the FPNs were not convictions/summons and given at court then you must wait until you have no more than one FPN in the preceding 12 months not 3 years see the Good Character FAQ (click)

[mike_k]

This is incorrect advice. See paragraph 3.5.2-4 of the following document.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Provided you have not received "numerous" FPNs then you will be fine. The "no more than 1 FPN in the preceding 12 months" only applies if you have had a previous application refused for "numerous" FPNs.

[Amber]

Before you state it's incorrect, at least read the AN guide:

3.6 – 3.7 You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences. Fixed penalty notices will not normally be taken in to account, unless you have had more than one fixed penalty notice in the last 12 months. In that case you may wish to wait to make your application until you have no more than one fixed penalty notice in the 12 month period before applying. Drink driving offences must be declared. If you have any endorsements on your driving licence you must provide the paper counterpart.

[mike_k]

Apologies, I was tired last night... Reading this again + the an guide has given me doubts. However, the guide does only say you "may wish to wait". I think this needs clarification - as I'd hate for people to delay their application unnecessarily.

[Amber]

The NCS won't take your application if you have more than 1 FPN in the last 12 months. I think it's pretty clear. I'm waiting an update regarding FPNs, PCNs and PNDs from the nationality team so I'll know more then.

[mike_k]

Ah ok. That is pretty conclusive then. Thanks very much for setting me straight!