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Fixed Penalty Notice


Answer

The documentation may be a scam.

In the first instance, we advise that you contact HM Courts & Tribunal Services to clarify this, you can use the Court & Tribunal Finder facility via the link in Related Information to do this.

If the letter isn't genuine, report it to Action Fraud (see link in Related Information).

Alternatively, if the letter appears to be from the police referring you to HM Courts & Tribunal Services, then contact your local police to check its authenticity via the link below:


Answer

Fixed penalty tickets/notices (FPT /FPN) may be issued for road traffic offences and offer an opportunity to settle an offence without the need to go through the court system. If you pay a fixed penalty ticket, all liability for the offence is discharged and the offence doesn't form part of your criminal record.

As fixed penalty notices do not fall under the definition of a 'relevant matter', they would not be automatically released on a DBS check and as such are not subject to the filtering provisions.

A recipient of a fixed penalty notice has two options, either to pay the ticket or request a court hearing.

There are two types of fixed penalty tickets, endorsable and non-endorsable.

  • Endorsable tickets mean that you'll get points on your licence (usually 3) and have to pay a penalty (usually £100) - note that whilst this is the penalty for most tickets, there are some variations where it is more or less, not having insurance is one example - see below.
  • A non-endorsable ticket means that you will receive a £50 fine (some are higher) but don't get any points on your licence.
  • Certain parking offences are eligible for a £30 non-endorsable ticket (£40 in Greater London).

The type of FPN you receive depends on the offence you have committed. Some offences cannot be dealt with by way of a FPN or the police officer may think that the circumstances are too serious, in either case you may be reported for summons to go to court.

A few examples of endorsable and non-endorsable tickets are:

Endorsable

  • speeding
  • going through a red light
  • driving without due care and attention
  • pedestrian crossing offences
  • no insurance (£300 and 6 penalty points)
  • using a mobile phone whilst driving (£200 and 6 penalty points)

Non-endorsable

  • drive a vehicle with no MOT (£100)
  • fail to comply with some traffic signs e.g. give-way sign, manually operated stop sign, road markings
  • failing to wear a seatbelt
  • parking offences
Local Authority Civilian Enforcement Officers may also issue fixed penalty tickets for a range of offences e.g. parking, selling/repairing vehicles at the roadside or abandoned vehicles. If you have any issues with a ticket you will need to contact the agency who issued it, as the police have no involvement with tickets issued by local council Civilian Enforcement Officers and vice versa.


Answer

If a speed camera has recorded you speeding, you will receive a notice of intended prosecution/conditional offer. The notice of intended prosecution will be accompanied by a Section 172 notice, which you are required to complete to confirm the identity of the driver. Failure to provide these details may amount to an offence for which a prosecution could be pursued.

There is a statutory duty on all keepers of motor vehicles to be able to provide details of who has been driving the vehicle and keeping records is obviously the easiest way of doing this.

If you suspect your number plates have been cloned, please see Q381.


Answer

Each force operates under their own guidance and although they are not obliged to provide the photographic evidence, some will. However, many forces will not release photographic evidence unless the ticket is challenged (plead not guilty). You can request the photographic evidence and in doing so you must provide your Notice number and vehicle registration number, and you must be the person named on the notice of intended prosecution. Your request will then be considered by the relevant force in line with their guidance and policy, and you may then be sent the evidence, which will usually include the photographic evidence and/or a statement.

Any person accused of a criminal offence has the right to defend themselves and in order to do this, evidence of the breach of law must be provided to them. There is no requirement as to exactly what that evidence must be, only that it is evidence of the breach of the law and that you will be able to have a fair hearing.


Answer

The usual length of time to return a licence is four weeks. If you have still not received your licence back after this length of time you should contact the Central Ticket/Fixed Penalty Office of the police force involved, they should be able to assist you.


Answer

Yes, you can challenge the fixed penalty notice; there will be information on how to do so on the reverse of the ticket. The police cannot offer legal advice on this so we would suggest that you seek legal support from a solicitor, please see link to the Citizens Advice in Related Information.

You will still be required to produce your documents at your chosen police station. You will be sent a summons in due course with a date for the court hearing. For any further enquiries relating to a fixed penalty notice, you will need to contact the Central Ticket Office within your local police force.


Answer

A disabled parking badge (otherwise known as a Blue Badge) is intended for on-street parking only. Off-street car parks, such as those provided by shopping centres, hospitals or supermarkets are covered by separate rules.

 

There are on-street parking concessions available to you as a Blue Badge holder. However, you must always check signs to see what the rules are when parking, as some time limits may apply in certain areas. The link below explains about the use of Blue Badges:

 

The Blue Badge scheme: rights and responsibilities in England - GOV.UK (www.gov.uk)

 

If you wish to challenge the ticket, you need to write to the address on it stating your reasons as to why you think the ticket should be cancelled - if it concerns a disabled parking permit you should include a photocopy of it.

 

The link below explains how to challenge a parking ticket:

 

Parking fines and penalty charge notices: challenging a ticket


Answer

There are two types of ticket:

  • Non-endorsable tickets mostly cost £50 (some are £100 e.g. no MOT) and you won't receive points on your licence.
  • Endorsable tickets mostly cost £100 and your driving licence will be endorsed with 3 points but some attract a higher fine and 6 points e.g. driving whilst uninsured (£300 fine and 6 points) or using a mobile phone (£200 fine and 6 points).

Certain offences attract a £30 fine (£40 if committed in Greater London).


Answer

If a police officer issued you with a ticket that you have then lost, you should go to your chosen police station. You will need to take your driving documents with you and inform them that you have lost the ticket. It is likely that you will be dealt with by the court and will receive a summons in the post. The summons will either give a date when you need to attend court or give you an opportunity to plead guilty by letter.

 

If you have received the ticket through the post and have lost it, you will need to contact the Central Ticket/Fixed Penalty Office of the force concerned (see Q727) and provide them with the registration number of the vehicle you were driving at the time.

 

If the fixed penalty was given by the council, you will need to contact them via the link below:

GOV.UK - find your local council


Answer

You can either pay by cheque or by credit/debit card. Payment details are on the back of the ticket.

You can no longer pay cash for fixed penalty notices. Many forces have automated payment lines.


Answer

There are two ways of failing to pay a fine on a fixed penalty notice:

  1. You reject the fixed penalty notice from the start. You will receive a summons to go to court. You can either then plead guilty by letter or elect to go to court. If found guilty at court you may be given a slightly larger fine and you will have to pay the court costs (approximately £40).
  2. If you accept the penalty notice but then fail to pay within 28 days, the fine is registered with the court and is automatically increased by 50%. It is then for the court to enforce the fine and they do have the option of issuing a warrant for your arrest if you fail to respond.


Answer

You will need to contact the police force that is dealing with the matter directly and ask to speak to someone in the Fixed Penalty / Central Ticket Office – you can do this by:

  • Calling the 101 non-emergency telephone number.
  • Using the 'contact us' page on their website – please see Q727 for a list of links to police websites.

If you experience any difficulties with contacting your force via the above methods, we suggest you visit your local police station to see if they can help.


Answer

The police will send a notice to the address where the vehicle is registered to.

The police must serve the notice to arrive within 14 days on the registered keeper of the vehicle. If the notice is posted within that time limit, this is presumed to be good service (though this can be challenged).

For more information on Notices of Intended Prosecution, see Q557.

Please also see the Government Website in Related Information.


Answer

You should inform your insurance company of any penalty points you have received. The details you provide to them form the basis for your insurance quote and subsequent insurance cover. If any of the details change or are incorrect and you do not inform your insurer, it may affect your cover.


Answer

You can produce your documents at any police station in the country, so do not worry if you cannot get to your chosen one. As long as you have your ticket or the producer (HO/RT1) given to you by the police officer it will not be a problem to produce them at another station.


Answer

Speed cameras are calibrated once a year as per the set guidelines. The cameras very rarely malfunction and if they do the faults are spotted before any notices of intended prosecution are issued and sent out.

Please also see the link in Related Information for official Government documentation on this topic.


Answer

Please see details of how long penalty points / endorsements may stay on your licence below. 

4 years from the date of offence for endorsement codes

Code

Offence

Points

AC10

Failing to stop after an accident

5 to 10

AC20

Failing to give particulars or report an accident within 24 hours

5 to 10

AC30

Undefined accident offences

4 to 9

BA10

Driving while disqualified by order of court

6

BA30

Attempting to drive while disqualified by order of court

6

CD10

Driving without due care and attention

3 to 9

CD20

Driving without reasonable consideration for other road users

3 to 9

CD30

Driving without due care and attention or without reasonable consideration for other road users

3 to 9

CU10

Using a vehicle with defective brakes

3

CU20

Causing or likely to cause danger by reason of use of unsuitable vehicle or using a vehicle with parts or accessories (excluding brakes, steering or tyres) in a dangerous condition

3

CU30

Using a vehicle with defective tyres

3

CU40

Using a vehicle with defective steering

3

CU50

Causing or likely to cause danger by reason of load or passengers

3

CU80

Breach of requirements as to control of the vehicle, such as using a mobile phone

3 to 6

DR40

In charge of a vehicle while alcohol level above limit (If a disqualification isn't imposed)

10

DR50

In charge of a vehicle while unfit through drink (If a disqualification isn't imposed)

10

DR60

Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive (If a disqualification isn't imposed)

10

DR70

Failing to provide specimen for breath test (If a disqualification isn't imposed)

4

DG40

In charge of a vehicle while drug level above specified limit (If a disqualification isn't imposed)

10

DR90

In charge of a vehicle when unfit through drugs (If a disqualification isn't imposed)

10

IN10

Using a vehicle uninsured against third party risks

6 to 8

LC20

Driving otherwise than in accordance with a licence

3 to 6

LC30

Driving after making a false declaration about fitness when applying for a licence

3 to 6

LC40

Driving a vehicle having failed to notify a disability

3 to 6

LC50

Driving after a licence has been cancelled (revoked) or refused on medical grounds

3 to 6

MS10

Leaving a vehicle in a dangerous position

3

MS20

Unlawful pillion riding

3

MS30

Play street offences

2

MS50

Motor racing on the highway

3 to 11

MS60

Offences not covered by other codes (including offences relating to breach of requirements as to control of vehicle)

3

MS70

Driving with uncorrected defective eyesight

3

MS80

Refusing to submit to an eyesight test

3

MS90

Failure to give information as to identity of driver etc.

6

MW10

Contravention of special roads regulations (excluding speed limits) (Motorway offences)

3

PC10

Undefined contravention of pedestrian crossing regulations

3

PC20

Contravention of pedestrian crossing regulations with moving vehicle

3

PC30

Contravention of pedestrian crossing regulations with stationary vehicle

3

SP10

Exceeding goods vehicle speed limits

3 to 6

SP20

Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles)

3 to 6

SP30

Exceeding statutory speed limit on a public road

3 to 6

SP40

Exceeding passenger vehicle speed limit

3 to 6

SP50

Exceeding speed limit on a motorway

3 to 6

TS10

Failing to comply with traffic light signals

3

TS20

Failing to comply with double white lines

3

TS30

Failing to comply with 'stop' sign

3

TS40

Failing to comply with direction of a constable/warden

3

TS50

Failing to comply with traffic sign (excluding 'stop' signs, traffic lights or double white lines)

3

TS60

Failing to comply with a school crossing patrol sign

3

TS70

Undefined failure to comply with a traffic direction sign

3

UT50

Aggravated taking of a vehicle

3 to 11


Answer

A fixed penalty notice is a conditional offer to an alleged offender for them to have the matter dealt with in a set way without resorting to going to court. It is conditional in that the offence committed falls within the remit of the fixed penalty system and that the alleged offender fits the criteria i.e. would not be liable to disqualification under totting up procedures and is willing to surrender their licence if the matter is endorsable.

The acceptance of the ticket gives the alleged offender options and if they feel that for any reason either then or at a later stage that they wish to contest the matter, they can by completing the requisite parts of the form to request a court hearing.

The fact that the time and date may be wrong is not necessarily a bar to proceedings continuing and it would be for the court to decide if those matters seriously affected the alleged offender's right to a fair hearing.

It may also be worth writing to the appropriate office (details on back of ticket) setting out the reasons why you think the ticket should be made void prior to you officially challenging it. If the ticket has been given out by the local authority and you are not happy with their reply then there is an ombudsman who will review such cases.

It is also important to note that even if it is found that the ticket is invalid then this does not mean an end to the matter. All it means is that, if appropriate, the police can proceed by issuing a summons for court. The alleged offender will not then be able to take advantage of the fixed penalty system and if found guilty at court will have a criminal conviction. It is advisable to take legal advice from a lawyer prior to making any decision on this matter.

 


Answer

The purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory.

When you receive a NIP it doesn't automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP must be served on the driver or registered keeper within 14 days of the offence otherwise the offence cannot proceed at court. If the details of the driver are not known, then it is sent to the registered keeper. In either case, so long as it arrives at the relevant address within the time limit the notice is valid.

If the registered keeper has changed address/not informed DVLA etc., as long as the NIP arrived at the address on record for the registered keeper within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within 14 days.

NIPs can also be issued verbally to the driver at the time of the offence or alternatively, you could receive a court summons through the post for the alleged offence within 14 days.

Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.

A Notice shall be deemed to have been served on a person if it was posted to them at their last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by them. A posted NIP is deemed to be served until the contrary is shown.


Answer

No, the paper counterpart to photocard driving licences is no longer valid and is no longer issued by the DVLA (Note: this does not affect photocard licences issued by the DVLA in Northern Ireland). So, if you have a photocard licence, you only need to surrender the photocard part - see the question on paper counterpart licences for further information.


Answer

You still need to attend at the chosen police station to show your driving documents. You should explain the circumstances and see if they are willing to grant an extension. Extensions are discretionary and it will be up to each Force as to whether they are granted or not.


Answer

No, the whole amount must be paid in full within 28 days. You can pay by credit or debit card.

If you contact the Central Ticket Office of the force involved via 101 they may be able to offer you some assistance.


Answer

You can't suggest that you want to do a Speed Awareness Course, if you are eligible to attend the course you will be notified by the police. The criteria operated by each Police Force in relation to attending SACs differs slightly. The following are the guidelines operated by one police force:

  • You have admitted to being the driver of the vehicle at the time of the alleged offence and returned the documentation within the 28 day period calculated from the date the notice was sent to you.
  • No more than 12 weeks have elapsed since the date of the alleged offence.
  • There were no further offences committed at the time of the alleged offence.
  • It is more than 3 years from the date of any previous offence that you attended the same course for.
  • You were driving at a speed which qualifies as per the table below.

 

Limit Device tolerance Fixed Penalty when education is not appropriate Speed Awareness if appropriate Summons in all other cases and above
From To
20 mph 22 mph 24 mph 24 mph 31 mph 35 mph
30 mph 32 mph 35 mph 35 mph 42 mph 50 mph
40 mph 42 mph 46 mph 46 mph 53 mph 66 mph
50 mph 52 mph 57 mph 57 mph 64 mph 76 mph
60 mph 62 mph 68 mph 68 mph 75 mph 86 mph
70 mph 73 mph 79 mph 79 mph 86 mph 96 mph
All speeds identified above are those shown on the speed device, speedometer or other detection devices

 

 

Please note that because the guidelines differ from one force to another, if you have a particular question in relation to your eligibility to attend the course, you will need to contact your local police using the non-emergency 101 number and ask to speak to someone in either the Central Ticket Office/Process Bureau or Fixed Penalty Office (names vary between different police forces). You may need to keep trying the number because the lines are usually very busy.

 

 

 

 


Answer

It is the responsibility of the last known registered keeper of the vehicle to provide details of who was driving at the time of the alleged offence. Failure to do so could result in a fine.

If you do not know who was driving then you should contact the Central Ticket Office of the force concerned who will advise you what action to take as policy may vary from force to force. Photographic evidence (if available) may resolve the issue.

If it is a company vehicle and no driver can be identified then it may be the company secretary/director who is prosecuted for failure to furnish driver details. A company may argue that they don't keep records of who drives their vehicles so the required information cannot be supplied. However, any such argument will fail at court unless the company can prove not only that it doesn't keep records but also that failing to keep records is reasonable in the circumstances.


Answer

Depending on the offence, penalty points and disqualifications are valid for either 3 or 10 years, but they remain on your record for an additional year. Please see the link in Related Information which tells you how long points will remain on your driving record.


If you apply for a driving licence at the age of 17, any points you received as a 15-year-old will be shown on your driving record - you can view your driving record via the link in Related Information.


If you acquire further points on your licence so that the number reaches 6 or more within 2 years of passing your test your licence will be revoked and if you obtain 12 points with a 3 year period, you will be disqualified.


Answer

Twelve penalty points on your licence within 3 years will mean that you face disqualification under the 'totting up' procedure.

If you have 9 or more penalty points on your licence then you cannot accept any further fixed penalty tickets and must go to court.

For further information see Q368 (how long penalty points last) and Q713 (penalty points for newly qualified drivers)


Answer

You need to contact the Camera Unit of the Central Ticket Office (sometimes called Central Process Bureau or similar) of the force concerned to ask for a copy and in most circumstances you will be issued with a copy document.

If it was a conditional offer and you have failed to pay or contact the Camera Unit, you may be issued with a summons to attend court.

If it was a summons you must contact the court in question as a failure to appear at court could lead to a warrant for your arrest being issued.

Do not delay. There are time limits on these processes and they can get more expensive (or even lead to your arrest) if you do nothing.


Answer

Unfortunately it is up to you as the registered keeper to satisfy the issuer of the ticket that it was not you or your car at the time and place where the alleged offence occurred. Here are some suggestions on how to deal with it.

  1. You could consider taking a photograph of the rear of your vehicle that may show that it was not your car. Hopefully there will be small differences between your car and the cloned one.
  2. Legally manufactured number plates must have the details of the manufacturer on them so that may also be a way of distinguishing the vehicles, providing the photograph is of a high enough quality.
  3. If you park your car in a car park whilst at work the operator may have CCTV evidence to prove that your car was there at the time of the alleged offence.

If this is a regular occurrence (and especially if the tickets are from your local area) contact your local police.

Number plate cloning and car cloning are becoming a growing problem (though it is still on a relatively small scale in the scheme of things), but the Government is looking at ways of reducing it.


Answer

If you acquire 6 or more penalty points within 2 years of passing your first driving test you will automatically have your licence revoked. To get it back you must apply and pay for a new provisional licence, drive as a learner (supervision, 'L' plates etc.) and pass both theory (including hazard perception) and practical tests again.

You can acquire penalty points on your provisional licence before you pass your test but if you then receive more points after passing your test, taking the total to 6 or more, your licence will be revoked. Having your licence revoked when you have acquired 6 or more penalty points does not 'wipe the slate clean', any live penalty points will still be shown on your licence when you get it back.

Revocation only applies where the offence that causes the points to number 6 or more is committed during the probationary period (2 years from passing your test). This means that if you obtain 6 points or more points before you have taken your test you can still pass your test and obtain your licence, but if you obtain any more points within 2 years of passing your test, your licence will be revoked.

Note: If the points on your licence number 12 or more within a three year period, you will be liable to be disqualified under the 'totting up' provisions – usually for at least 6 months.

Note: The penalty for using a mobile phone whilst driving is 6 penalty points and a £200 fine. For newly qualified drivers this could result in your licence being revoked for a single offence.


Answer

No, the officer issuing the ticket can stick it to any area of the vehicle. Ordinarily officers will attach the ticket to the windscreen because it is most visible in this position. In most cases they will place the ticket under a windscreen wiper in order that it does not blow away, hence the reason it may seem to be a requirement for it to be placed on the windscreen.

Some local areas may have different methods of notification and will not issue a parking ticket in this manner. For example, Officers/Wardens may take a photograph using a digital time stamp and issue the ticket via post. There are also CCTV systems covering parking places which work on the same principle.


Answer

If you paid the fine without challenging it, this would not be classed as either a conviction or a caution. If you refused to pay the fine or challenged the Fixed Penalty Notice and, as a consequence of refusing to pay / challenging it, had to attend court and were found guilty, this would be classed as a conviction.

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