Fixed Penalty Notice

Q1085: I have received a letter with regards to a fine from HM Courts & Tribunal Services regarding a road traffic offence that I am alleged to have committed. I know nothing about this offence. What should I do?

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:

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Q203: What are fixed penalty tickets in relation to driving offences?

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.

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

Non-endorsable

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.

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Q205: I have got a speeding ticket/summons, but I wasn't driving, what should I do?

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.

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Q206: I have got a speeding ticket and I want to see the photographic evidence, can I?

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.

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Q207: I sent my licence off with my ticket, when should I get it back?

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.

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Q208: Can I challenge the fixed penalty notice?

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.

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Q209: I got a fixed penalty notice for parking but I have a disabled badge. What can I do?

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:

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:

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Q210: How much is the fine for fixed penalty notices (for traffic offences) and how many points is it?

There are two types of ticket:

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

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Q211: I received a fixed penalty ticket but I have lost it, what should I do?

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:

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Q212: How can I pay the fine for my fixed penalty notice?

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.

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Q213: What will happen if I don't pay the fine on a fixed penalty notice?

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

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).

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.

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Q214: I missed the deadline for payment of the fixed penalty notice by a few days, what can I do?

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:

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.

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Q215: A speed camera has flashed me, when will I know if I am going to get a ticket?

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.

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Q217: Do I have to tell my insurance company that I have got points on my licence?

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.

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Q218: What should I do if I can't reach the police station where I am supposed to produce my documents?

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.

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Q220: Are the speed cameras calibrated?

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.

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Q368: How long will the penalty points/endorsement stay on my licence?

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

Failing to stop after an accident

Failing to give particulars or report an accident within 24 hours

Undefined accident offences

Driving while disqualified by order of court

Attempting to drive while disqualified by order of court

Driving without due care and attention

Driving without reasonable consideration for other road users

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

Using a vehicle with defective brakes

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

Using a vehicle with defective tyres

Using a vehicle with defective steering

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

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

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

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

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

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

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

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

Using a vehicle uninsured against third party risks

Driving otherwise than in accordance with a licence

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

Driving a vehicle having failed to notify a disability

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

Leaving a vehicle in a dangerous position

Unlawful pillion riding

Play street offences

Motor racing on the highway

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

Driving with uncorrected defective eyesight

Refusing to submit to an eyesight test

Failure to give information as to identity of driver etc.

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

Undefined contravention of pedestrian crossing regulations

Contravention of pedestrian crossing regulations with moving vehicle

Contravention of pedestrian crossing regulations with stationary vehicle

Exceeding goods vehicle speed limits

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

Exceeding statutory speed limit on a public road

Exceeding passenger vehicle speed limit

Exceeding speed limit on a motorway

Failing to comply with traffic light signals

Failing to comply with double white lines

Failing to comply with 'stop' sign

Failing to comply with direction of a constable/warden

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

Failing to comply with a school crossing patrol sign

Undefined failure to comply with a traffic direction sign

Aggravated taking of a vehicle

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Q530: I have been given a fixed penalty notice by the Police and I have noticed that there is a mistake on it (e.g. wrong date or time), is it still legally enforceable?

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.