northampton county court filing out of time clarification

[rajajan]

I have a question on my application form related to indefinite leave to remain.

Do you or any dependants who are applying with you have any criminal convictions in the

UK or any other country (including traffic offences) or any civil judgments made against you?

 

Here is my situation:

My wife got a parking charge notice from Brent Council, the PCN and all the letter mentioned below were sent to my old address as we moved home and didn't know anything about the pcn.

 

The PCN turned into a charge certificate, then an "order of recovery" was issued and then a "warrant of execution" was issued from Northampton County Court.

 

When we came to know about it after an year and bailiffs took £500 from us, we filed an "out of time" statutory declaration and that was successful, the letter mentions that "charge certificate", "order of recovery" and "warrant of execution" are cancelled by the country court and a letter from council mentions that. All the money was returned except for the pcn £65.

 

Now in terms of credit history, we checked with registry limited and experian before the successful application for "out of time" and there is no judgement showing against my wife.

 

Question:

Is this a county court judgement or civil judgement, what is civil judgement?

Should i put this as ccj or civil judgement, both no clear?

 

regards,

Raj

[tomtubby]

There is no actual judgment as such and nothing is recorded with a credit reference agency.

 

You submitted an Out of Time witness statement and it was ACCEPTED. The warrant has therefore been REVOKED and you are therefore legally entitled to obtain repayment of the bailiff fees. The local authority are responsible for making repayment.

 

Which local authority and which bailiff company.

 

If the LA refuse, then a complaint needs to be sent to the Local Government Ombudsman.

[rajajan]

Hi,

 

Thanks for your reply.

I have received all the money back, no problem at that end.

 

I am more interested in

Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you?

Can you provide me some links, legal information, which says its not a civil judgement?

 

 

And is it a civil judgement by Northampton County Court, the council was Brent Council.

 

Regards,

Raj

[ploddertom]

For a criminal conviction you would have had to appear at a Magistrates Court & then be found guilty. A Parking Ticket from the Council does not fall under this criteria so there is no need to have to declare it.

[tomtubby]

Your question is not too easy to understand.

 

It would seem that you have an application form that needs completing and you are concerned at the question as to whether or not you have a CIVIL JUDGEMENT.

 

Let me make it clear, an unpaid parking ticket issued by the local authority is NOT a CIVIL JUDGEMENT. the regulations actually state that the warrant may be enforced "AS IF IT WERE A COUNTY COURT ORDER"

 

In any event, in your case, you file an Out of Time witness statement. The effect of this was to REVOKE THE WARRANT. What this means, is that the "court order" has been cancelled.

 

You have NOTHING at all to worry about.

 

You can safely confirm on the form that you DO NOT have any criminal convictions and neither do you have any Civil Judgements registered against you.

[rajajan]

Thanks very much tomtubby and ploddertom.

I also checked with Traffic enforcement centre which comes under hm courts and tribunals service.

They also say its not a civil judgement and they have provided that in writing in email.

 

Thanks

Raj

[tomtubby]

I am pleased to hear this. Would you mind posting details of the wording from the response that you have received from TEC

[rajajan]

Here is what is sent as email.

 

 

With reference to the above Penalty Charge, I confirm this is not a Civil Judgment,

 

Regards,

Mrs B A W

County Court Bulk Centre Helpdesk

Northampton

Tec 0845 704 5007

Caps 0845 408 5312

[tomtubby]

Thank you

[rajajan]

Hello,

 

I have another problem now, in the ukba set (o) form

Page # 16 - 7.2 is clear but in 7.4 they ask about

 

 

Give details for each civil judgment or any civil penalty under UK the Immigration Acts,

starting with the most recent one.

 

What is a civil penaly, is a penalty charge notice by council considered as a civil penalty - very confusing!!

 

Regards

rajajan

Edited December 13, 2012 by rajajan

[ploddertom]

 

What is a civil penaly, is a penalty charge notice by council considered as a civil penalty - very confusing!!

 

Regards

rajajan

 

As said previously you do have to disclose any PCN's. The only Judgments you would need to disclose are County Court Judgments which are usually for non-payments of debts - for example you borrow £5000 from the bank and do not pay it back.

[scotgal68]

If you are applying for ILR for a partner, then you should disclose facts which are likely to have a bearing on any decision, no matter how trivial, because if you dont, then if the application goes to appeal, then it could be deemed your were evasive or not forthright in your approach. It could jeopardise your case

[rajajan]

As said previously you do have to disclose any PCN's.

 

Do i have to disclose?

 

Just wanted to be clear on this, everything was clear upto judgement and criminal offence but this new term "Civil Penalty" introduced in the new forms on 13/12/2012 is not clear?

 

 

It asks this:

Do you or any dependants who are applying with you have any civil judgments against you or any civil penalty under the UK Immigration Acts?

 

Is PCN a "Civil Penalty"? Can somebody give me some reference about it and what does civil penalty cover, i tried to read immigration rules because it says under the immigration acts but couldn't find any reference ito it - here is the link tinyurl.com/mgzln3

 

Any help or links or number to clarify this will be much appreciated.

[tomtubby]

I am really concerned about your query. Even the Traffic Enforcement Centre have CONFIRMED to you that this is NOT a judgment. All that you had was an unpaid parking ticket. PLEASE stop worrying about this.

 

It may be better for you to consult with a solicitor.

[ploddertom]

As said previously you do have to disclose any PCN's. The only Judgments you would need to disclose are County Court Judgments which are usually for non-payments of debts - for example you borrow £5000 from the bank and do not pay it back.

 

Sorry, a typo on my behalf, it should read "As said previously you do not have to disclose any PCN's."