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Fixed Penalty Notice

By: Tracy Wilkinson - Updated: 24 Nov 2018 | comments*Discuss
 
Fixed Penalty Notice Fpn Endorseable

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 £100 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
In the case of an non-endorsable notice:

  • 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
Should the motorist have any issue with the FPN, then they must follow the instructions on the back of the notice and keep the issuing body informed of what is happening at all times. Pretending it isn’t there won’t make it go away and the longer it is left, the worse the consequences will be.

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FPN for doing 35 in a 30. Is it a legal requirement that I have to sign the form and will it stop the prosecution if unsigned
Robin - 24-Nov-18 @ 2:56 PM
Doing 84 on the M25.. gantry camera double flashed ... now the 2 week wait begins .. what are the chances?
Kpal - 12-Nov-18 @ 8:22 AM
I received an fixed penalty or offered an educational driving course for speeding in an 20 Miles an hour zone. The cameras states I was doing 25 miles an hour. I want to dispute this as i was aware that i was not speeding at the time. Another car over took me on the inside line and turned off.
Zebbiena - 7-Oct-18 @ 5:51 PM
I received today Notice of Intended Prosecution. I sold this car to a dealer as it was part exchanged towards a car I purchased from them. I have a sales invoice to confirm this.I believe the car was sold at auction by the dealer, so I do not know who owns the car or who was driving the car after the date I sold it.I have been waiting for over a month now for the log book, I go back in two weeks time for the MOT which was agreed and service.They cant seem to tell me exact date it was sent off.I have already had to contact DVLA abut the tax on the car and explain the same to them and they confirmed they have not received anything.I go online to find that the car has not been taxed or mot.I don't need the stress and upset of this and wonder how many more problems I will have over this.
KB - 25-Jul-18 @ 6:48 PM
I have received conditional offer of fixed penalty against an alleged offence of 'Motor Vehicle Fail to comply with endorsable section 36 Traffic Sign- automatic equipment (white hartlane level crossing, Barnes) Please advise if I should accept the fixed penalty of £100 and 3 points? If you do I decide to reject it and go to court for an appeal please tell me: - What's the legal cost - If my appeal is rejected, will this show as a criminal record on my DBS check ? - If my appeal is rejected, will i be given more severe penalty and higher fine by the judge? - Can I not request the British Police or the court to offer me an awareness course for level crossing as this is my first time ? Your comments will be highly appreciated Regards
Wb - 16-Jul-18 @ 10:12 PM
I was stopped by the police and told by number plate was faded and would be getting a £40 fine through the post.My number plate was faded, but it could clearly been seen from quite a distance.The car has passed an MOT last month.I have taken the plates back to the shop as they were only 18 months old.Do you think I could appeal?
D.e.w - 13-Jul-18 @ 5:58 PM
Pete - Your Question:
I received a fixed penalty letter for driving without insurance but I had my insurance renewed couple of months ago. When I check my car is still insured. What should I do

Our Response:
Contact the police with proof that you were insured at the time? Check that your insurer has up to details/is using the central insurance database correctly.
NoPenaltyPoints - 29-Jun-18 @ 3:14 PM
I received a fixed penalty letter for driving without insurance but I had my insurance renewed couple of months ago. When I check my car is still insured. What should I do
Pete - 28-Jun-18 @ 1:11 PM
Hi, I have received a NIP due to speeding 44mph in a 30 mph limit. I live in North Wales, what fine could l get regards the new rules? Thanks.
Evo - 7-Jun-18 @ 11:06 PM
Think I got caught doing 90ish in 70 on motorway, what can i expect? also only been driving 1 year 10 months
Jb - 6-Jun-18 @ 10:18 PM
Modge - Your Question:
I recieved a fixed penalty notice at the roadside after being pulled for speeding (40 in a 30 limit) on my motorbike. This was 8 days ago, I went to the court office to pay the fine and get my points and the clerk couldnt find it on the system thus it couldnt be processed. I know I have 28 days to pay this but what sort of time frame do the police have to put this into the system and if they dont bother and I cant pay it what does this then mean?

Our Response:
Ask the clerk to give you written confirmation that you were unable to pay the fine because of their systems. It's unlikely you would be penalised in this instance.
NoPenaltyPoints - 1-Jun-18 @ 3:45 PM
I recieved a fixed penalty notice at the roadside after being pulled for speeding (40 in a 30 limit) on my motorbike.This was 8 days ago, I went to the court office to pay the fine and get my points and the clerk couldnt find it on the system thus it couldnt be processed.I know I have 28 days to pay this but what sort of time frame do the police have to put this into the system and if they dont bother and I cant pay it what does this then mean?
Modge - 31-May-18 @ 2:01 PM
Mitch - Your Question:
What can I expect for doing 43 in a 30?

Our Response:
This speed would probably not give you the chance of a speed awareness course, but is too low to warrant a court summons. The most likely penalty will be £100 plus 3 penalty points.
NoPenaltyPoints - 14-May-18 @ 11:42 AM
What can I expect for doing 43 in a 30?
Mitch - 13-May-18 @ 2:34 PM
NB353 - Your Question:
I was caught speeding (West Yorkshire) by a mobile van, doing 51mph in a 30mph zone (two photos - one at 51mph and one at 47mph).Following receipt and return of a NIP, I have today received a CFPO of £100 and 3 points - this came as a surprise as I was fully expecting, given the speed I was doing, to receive a court summons as opposed to a CFPO.I have now paid the £100 fine online and posted my license - should I expect that to be the end of it or is there a possibility that further action will be taken (I may be being paranoid here however the wording on the CFPO states 'it may be possible to deal with this by a FP of £100 and the endorsement of 3 penalty points')?

Our Response:
Usually CFPO is very clear that your liability to be prosecuted will be discharged if you pay the fine and submit your licence for endorsement. Was there no wording indicating that on your fixed penalty offer?
NoPenaltyPoints - 16-Apr-18 @ 2:34 PM
Already got 6 points on my licence. Just got an NIP for doing 55 in 40 what can I expect?
Mary - 14-Apr-18 @ 10:17 AM
I was caught speeding (West Yorkshire) by a mobile van, doing 51mph in a 30mph zone (two photos - one at 51mph and one at 47mph). Following receipt and return of a NIP, I have today received a CFPO of £100 and 3 points - this came as a surprise as I was fully expecting, given the speed I was doing, to receive a court summons as opposed to a CFPO. I have now paid the £100 fine online and posted my license - should I expect that to be the end of it or is there a possibility that further action will be taken (I may be being paranoid here however the wording on the CFPO states 'it may be possible to deal with this by a FP of £100 and the endorsement of 3 penalty points')?
NB353 - 13-Apr-18 @ 5:31 PM
Pat - Your Question:
HiI have received a conditional other office penaltyOf 3 ponts on my drivers licence and £100 fine.Why racing I been offered a drivers awareness clurse?

Our Response:
Drivers awareness courses are not always offered...it's always the choice of the relevant police authority and not all of them offer courses anyway.
NoPenaltyPoints - 27-Mar-18 @ 12:36 PM
Louise - Your Question:
If my daughter receives a FPN by a police officer and receives it through the post but is offered a driver allterness course and pays the fine and passes the course. Will she then still have to declare this to her Work place or when she goes for a job? She is also a teacher will this show on her DBS check?

Our Response:
If driver awareness course is offered, there is no fine. Make sure she is not confusing two things here. A speed awareness course should not show up on a DBS check
NoPenaltyPoints - 27-Mar-18 @ 11:27 AM
Hi I have received a conditional other office penalty Of 3 ponts on my drivers licence and £100 fine. Why racing i been offered a drivers awareness clurse?
Pat - 24-Mar-18 @ 6:20 PM
If my daughter receives a FPN by a police officer and receives it through the post but is offered a driver allterness course and pays the fine and passes the course. Will she then still have to declare this to her Work place or when she goes for a job? She is also a teacher will this show on her DBS check?
Louise - 24-Mar-18 @ 7:33 AM
I was stopped by the police for overtaking and was given a fixed penalty notice. He said I could do a driver training course. He also told me not to do anything until I received notice of the course. It is now 25 days since the offence and I haven’t heard anything. The FPN states that the fine should be payed within 28 days. If it’s not payed then it goes to court.There is nothing on the FPN to say I will be able to do a course. Is there a a timeframe for issuing a driver course? Not sure what to do.
Gary - 13-Mar-18 @ 4:06 PM
THD - Your Question:
I was caught on a camera operated from roadside parked van doing 67mph on a dual carriageway with a temp 40mph limit, I was driving a car.I have received a FPN of 3points and £100 fine if I accept it.I have no points on my licence. Why have I not been offered a driver awareness course, I have never taken or been offered a DAC since I started driving 1n 1972. Many thanks.THD.

Our Response:
At 67mph in a 40mph zone, you are lucky not to have received a court summons. Courses are offered only at the discretion of the relevant police authority anyway but the guidelines for the offer of a course in a 40mph area are at speeds between 46mph and 53mph.
NoPenaltyPoints - 6-Mar-18 @ 3:30 PM
I was caught on a camera operated from roadside parked van doing 67mph on a dual carriageway with a temp 40mph limit, i was driving a car. I have received a FPN of 3points and £100 fine if Iaccept it. I have no points on my licence.Why have I not been offered a driver awareness course, I have never taken or been offered a DACsince I started driving 1n 1972. Many thanks .THD..
THD - 5-Mar-18 @ 3:52 AM
D - Your Question:
I was stopped by Police at the roadside for contravening a right turn sign. I was informed at the roadside that this would be a £50 with no points. I have since received a conditional offer of road penalty for £100 and 3 endorsement points. This meaningi have been misinformed when stopped and processed. Is there anything that can be done or grounds to contest penalty, etc? Regards

Our Response:
What does the penalty notice say? It should state the offence too. Perhapsan alternative charge was considered. Was it likely the police officer suggested £50 non endorsable penalty "might" be given rather than "would" be given?
NoPenaltyPoints - 26-Feb-18 @ 3:13 PM
I was stopped by Police at the roadside for contravening a right turn sign. I was informed at the roadside that this would be a £50 with no points. I have since received a conditional offer of road penalty for £100 and 3 endorsement points. This meaningi have been misinformed when stopped and processed. Is there anything that can be done or grounds to contest penalty, etc? Regards
D - 22-Feb-18 @ 8:26 PM
cris682007 - Your Question:
Hi,A Fixed Penalty Notice completed with a surname modified with a letter more(i'am talking about 1 letter more in the midle of my surname)it is valid ?Thank you

Our Response:
This sounds as though it would be dismissed as a typographical error unfortunately and not as a reason to reject the FPN.
NoPenaltyPoints - 12-Feb-18 @ 2:59 PM
Hi, A Fixed Penalty Notice completed with a surname modified with a letter more(i'am talking about 1 letter more in the midle of my surname)it is valid ? Thank you
cris682007 - 10-Feb-18 @ 12:00 PM
Adamo - Your Question:
I was issued an fpn for allegedly using my mobile. Van was driving in opposite direction to me. I actually had my wallet in my hands. My phone records will show phone was in locked mode and untouched. There is an error on the ticket that says time of offence 12:16 time ticket was issued 12:51. ALSO ticket doesn't tell me how to contest this. I did not have my phone in my hands. Is there anything I can do?

Our Response:
If you don't want to accept the Fixed Penalty, you must be prepared to appear in court. You will be asked for evidence to support your case and you can also request further evidence from the police at that stage. Even if you can prove that you were holding your wallet and not your phone, you may still need prove that you were not distracted from the purpose of driving your vehicle. It may be worth seeking professional legal advice.
NoPenaltyPoints - 29-Jan-18 @ 2:01 PM
I was stationary at traffic lights and mistook a green light meant for turning right which wasan ordinary traffic light and I went straight across not realising the arrows further on were red one was up high for large vehicles the other low both were on the other side of the junction. Half way across I was tootedfrom a vehicle from where I had left. Which alerted me that I had mistaken the light. What can I expect from this offence.
Millie - 28-Jan-18 @ 11:10 PM
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