Fixed Penalty Notice
Originally introduced in the UK during the 1950s to act as a deterrent for minor parking infringements early Fixed Penalty Notices (FPNs) were issued by traffic wardens and police officers. Although the issuing body has changed in many cases to local authorities, FPNs are still in use today under provisions outlined by the Road Traffic Act 1991.
There are three different types of Fixed Penalty Notice:
- Endorseable
- Non-endorseable
- Conditional offer
Endorseable
An endorseable fixed penalty notice is one that sees the motorist involved getting Penalty Points. The FPN will be issued by a police officer directly to the offending driver at the time that the offence takes place. The driver will be expected to give up their driving licence so that it can be endorsed with the penalty points - this can be done at the roadside or at a police station nominated by the motorist, within 7 days of the date of the offence. The driver will also have to pay a £60 fine. Although offences in this category include crossing roads marked with double white lines and 'jumping' red traffic lights, the most common offence is speeding.Non-endorseable
This is a ticket that won’t leave points on your licence – usually reserved for minor traffic offences such as parking somewhere you shouldn’t. They will usually carry a fine of around £30.Conditional Offer
Conditional Offers are related to offences picked up and recorded by traffic cameras, usually speeding. Depending on the speed recorded it may be appropriate to make a conditional offer and if so, the registered keeper of the vehicle will receive a Notice of Intended Prosecution through the post. Following receipt of this it is a legal requirement that the keeper provide information on who was driving the car at the time that the offence is alleged to have taken place. The conditional offer allows the offender to stop the chance of further action or prosecution by accepting blame and paying a £60 fine. They will also receive 3 penalty points on their licence. If the speed detected was above the set threshold for cases to be automatically referred to court, then a summons will be issued and a conditional offer will not be made.Why Fixed Penalty Notices?
The idea is that once the motorist admits to the alleged offence they can simply pay the fine and accept the 3 penalty point endorsement on their licence rather than face prosecution.Motorists who have been asked to give up their license for endorsement, should be aware that if the licence is not surrendered as agreed within the 7 day period, then the notice procedure will be stopped and court proceedings will begin - starting with a court summons being issued.What do I do if I don't Agree with the Charge?
If the motorist disputes the allegations on either legality or the facts surrounding the alleged offence then they are entitled to request a court hearing. There is a period of 28 days when the motorist is allowed to make this request and the 'how to' information can be found on the reverse of the notice when issued.What Happens if I Don't Pay the Fine?
If the motorist doesn't pay up or ask for a court hearing within the 28 day period, the matter will, in most cases be referred to court. The fine will be increased by 50% and will become an endorseable fine. Other than a statutory declaration, there is no right of appeal once things reach this state and the court will chase you for payment.Statutory Declaration
When a fine has been registered for an endorseable notice, the motorist is able to go to court and state on oath that:- they were not the person that the notice was issued to, or
- that they lodged a request for a court hearing within the 28 days following the alleged offence
- that they had no knowledge of the FPN or the Notice to Owner until they received the document for registration of the fine.
- that they did not own the vehicle at the time the offence was alleged to have taken place, or
- that they lodged a request for a court hearing within the 28 days following the alleged offence
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Comments...
I was clipped by a 40 ton artic but never got a penny.It mangled my wing, the wheel and "chin" and also damaged the steering. Knowing that insurance companies seldom pay I bought new parts on eBay and repaired it myself (I am an engineer) The parts bill came to just under £250 hence my insurers refused to pay (£250 excess) I also had legal cover for the up to £250 losses however the haulage firm failed to reply to letters. In the end the £0 to £250 insurer advised me to drop the case saying that the only way forward would be to sue them.They said that if the haulage firm was sued they would probably say that the damage to their lorry was greater than my claim so the game would not be worth its candle.According to another letter from my main insurers the lorry was uninsured.Its the pits.
Another dap was when a taxi rear-ended my previous car.The insurance company who I have sacked said "Don't spend anything on the car until the claim is sorted out".This mean't that I was driving around in a scruffy car for months and the tyres were not brilliant either but one doesn't fit new tyres to a car that might be written-off.Unknown to me a rear tyre had a pimple in its sidewall. This pimple was no more than 1/8" high.The police made a big thing about this and the summons stated "There was a bulge in the tyre the size of half a golfball".Other trumped-up nitpicks made pleading guilty not an option so I had to go to court.I took the wheel, fully inflated along with a tyre gauge and half a golfball to court and asked the WPC to explain the difference."Ah it [the bulge] was as big as half a golfball when the weight was on it" she said. (perjury)I was absolutely speechless when I heard this lie.Unfortunately with the stress of the situation I failed to state the fact that THE PRESSURE IN A TYRE DOES NOT CHANGE WITH LOAD.If its 40 psi jacked up in the air its also 40 psi when its lowered to the ground.Later I wrote to the Clerk Of The Court about this but it was too late.£100 fine for having a scruffy car (not for the tyre) £15 to Victim Support and three points for CU60, yet a burglar who stole tools from my shed was let off with a caution!Never got a penny from the taxi driver either as the insurance company that I've sacked sent a young solicitor to do battle with the taxi drivers barrister.There was more perjury stating that I reversed into the taxi deliberately.With two completely different statements the judge was bamboozled and said "I'll leave you to pay for your own repairs".I have to admit that the taxi driver and the barrister did a brilliant double-act.For example the taxi driver was coached into stating that he was a family man with two small children (not married to his GF AFAIK and what is being a family man got to do with running into my car?)Next the barrister asked "What will happen to you if you lose this case?"The taxi driver instantly replied "My insurance premiums will go up and I migh
Davey - 1 December 2011 @ 10:02 AM
Hi,I was stopped by the police on kensington high street at a red light puting a phone in an inside pocket jacket.I'm disable with 3 slipped discs ,on crutches for more than two years....The out of battery phone was in my jean.I had so much pain at the time that for safety reasons i had to remove it.i was bringing my young childrens to school.There was a massive control on a large portion of the street. They put me out of the car refusing me to take my two crutches...I could nt stand on my leggs without the support of the car ... I tried to explain the situation,that i was not calling or receiving a call.That they coulld check my phone...Then they started to writte that i had said that the i was actually checking my phone...At the time my left arm and shoullder was completly out of use and my right could not go move easily too.Then they started to turn the penalty notice in a funny way...I understood only why when i went to court...by changing few details about the situation and their position i could not proove my point...actually that i could see them before ,and that i had passed many officers before i stopped to the red light move my phone.Also on the fine they didn't mentionned that i had my young passengers witnesses...Actually they mentioned that i had no passengers...Plus that i had no driving licence,or evidences of adress...Totally faulse...I had my french driving licence,and my kensington high street bank credit card and many papers...they didn't even looked at....At the end despite my health and my crutches they asked me to present me to the police with other papers to proove my adress...I recall that my car had a british plaque numbers...Also i had a blue badge with ref on it...Anyway ,I went to Court ...it costed me twice the price of the fine for the taxi...During the appeal the lady officer was not comfortable at all.She started to change all her statement concerning the penalty details,suddenly remembering i had passengers,forgetting other things not in her favor and to lie in such a umbelievable way that i was very easy confident on the case.I had prooved all my points to the judge,bringing doctors letters on my condition etc...At the end of the day ...I was condemned by the judge at around 300 pounds fine instead of original 60 pounds...I thought he was with me during all the hearing then suddenly he changed his attitude...What a judment !...Do you believe i will do all this efforts in my situation to challenge 60 pounds...I had never been to a UK Court...Very difficult for me to lie under pressure question with my poor spoken english...Also no consideration at all for doctors letters from 4 years old describing my pathology...witch explain completly my attitude....Also really worry about certain personn in the police ready to everything to win the case.I wish the Court to be more human with me and to consider my health and foreigner difficulties...Recently i was caught on camera for speed 37 instead of 30...absolutly impo
Frog - 12 November 2011 @ 1:00 PM
Hello. I have received 'two' Notices of court action because I parked at the side of a single and dotted white line. Two seperate police traffic wardens issued NIP's within a ten day period. I wasn't aware of rule 240 in the highway code and everyone i have spoken to has said that they didn't know this either. Will I get two sets of 'points' and two 'fines' if I plead guilty please? I am worried about this because it seems very harsh to me. Any advice welcome, thanks.
jaded - 16 September 2011 @ 7:15 PM
On the whole its just to increase revenue and to fine and endorse someones licence for a few mph over the limit, and the points staying there for 4 years is overkill and unfair, theres no grey area and its just a raffle who gets caught. Everyone goes over the speed limit sometimes including the people who make these laws. Such trivial offences should be cautioned or fined and the points system should be reviewed or scrapped.
funnyface - 26 August 2011 @ 8:29 PM
My mum was pulled over by the white tops after she went through an amber light. She had her friend in the car with her who also states the light was at amber when she crossed the line. The scu...i mean police, were adamant the light was red, even through there is no way they could see the white line my mum was alledged to have crossed at red, she argued it was amber etc etc. They gave her a £60 fine and 3 penalty points, which she is not happy about in the least. What is the realistic chance of my mum winning an appeal? I think quite high, but she says she can't be bothered with the hassle, which is the wrong attitude IMO. Thanks.
Muchacho - 21 June 2011 @ 9:10 AM
Hi, I was stopped by the Police and charged for going through a red light. Despite the fact I am adamant it was amber I have no credible witnesses so chose the charge instead of going to court. However,upon checking the Fixed Penalty Notice(3 points and £60 fine), it appears the PC has listed my date of birth incorrectly, listing 1977 instead of 1971. Can I contest this? If so, what should I do? Everything else on the form appears to be correct.
ellie - 1 May 2011 @ 2:05 PM
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