Fixed Penalty Notices and how to Challenge them

Understanding Fixed Penalty Notices (FPN) in the UK Road Traffic Law Context

What is a Fixed Penalty Notice (FPN)?

If you are alleged to have violated road traffic laws in the UK, there are various ways authorities can respond. One common method is the issuance of a Fixed Penalty Notice (FPN). Designed as an alternative to formal prosecution, an FPN can offer a quick, straightforward resolution to minor offences.

Providing Driver Details After a Notice of Intended Prosecution

After an alleged offence, you may receive a Notice of Intended Prosecution. You’ll be required to provide the identity of the person driving at the time. Post this, you may be issued an FPN for minor traffic offences.

Offences That Could Earn You an FPN

FPNs can be issued for a range of offences, including, but not limited to:

• Speeding
• Careless Driving
• No Insurance
• Using a mobile phone while driving
• Minor Parking Offences
• Defective Vehicle Components

Each of these offences will warrant either an endorsable or non-endorsable FPN, based on the offence’s severity.

Endorsable vs Non-Endorsable FPNs

Aspect	Endorsable FPNs	Non-Endorsable FPNs
Penalty Points	Yes	No
Fine Amounts	£100, £200, £300	£50, £100

Endorsable FPNs: Accompanied by a fine and penalty points on your driving license.

Non-Endorsable FPNs: Incurs a fine but no penalty points.

Common Fines and Penalties

Speeding: Often £100 fine and 3 penalty points

Using a Mobile Phone: Generally £200 fine and 6 penalty points

Driving without Insurance: Typically £300 fine and 6 penalty points

Exploring Fines in Detail

Non-Endorsable FPNs

• £50 Fines: Neglect of traffic regulations, neglect of pedestrian rights, lighting offences.
• £100 Fines: Failing to wear a seatbelt, vehicle test offence.

Endorsable FPNs

£100 and 3 Penalty Points: Speeding, careless driving.

£200 and 6 Penalty Points: Using a mobile phone.

£300 and 6 Penalty Points: Driving without insurance.

‘On-the-Spot’ FPNs and Accumulated Points

FPNs can be issued at the scene. However, the police will check if this action would lead to your accumulating 12 or more penalty points within 3 years. If so, an FPN won’t be issued.

What Happens When You Accumulate 12 Points?

An accumulation of 12 or more points within a 3-year period can lead to a driving ban.

Are FPNs Only for Speeding?

FPNs were initially for parking offences, but their scope has broadened to include a variety of offences, as detailed in the table above.

Speeding Specifics

Minimum Penalty: £100 fine and 3 penalty points.

Maximum Penalty: £1,000 (£2,500 on motorways).

Speeding Bands and Fines

Speeding Band	Fine as % of Weekly Income	Points/Disqualification
Band A	25-75%	3 points
Band B	75-125%	4-6 points or 7-28 days
Band C	125-175%	6 points or 7-56 days

The 10% Leeway Myth

Contrary to popular belief, there is no legal 10% speed limit leeway. This is a guideline for police discretion, not a legal entitlement.

Conditional FPNs

For offences detected by automatic devices like speed cameras, you may receive a ‘conditional FPN’ by post. This is dependent on you paying the fine and surrendering your driving licence within 28 days.

Challenging Fixed Penalty Notices in the UK: A Comprehensive Guide

Understanding the Basis for a Challenge

The first step to challenging a Fixed Penalty Notice (FPN) is understanding the grounds upon which you can dispute it. Mistakes do happen, either through human error or system glitches. Here are common reasons you may consider challenging an FPN:

• Incorrect details on the FPN
• You were not the driver at the time of the offence
• Signs or road markings were unclear or misleading
• Extenuating circumstances such as emergencies
• Factual inaccuracies (e.g., you weren’t speeding as alleged)

Preliminary Steps: Gathering Evidence

Before formally lodging your challenge, it’s crucial to gather all relevant evidence. This can include:

• Photographic or video evidence
• Eye-witness accounts
• Legal precedents
• Expert testimonies, if applicable

Document everything that may support your case. The more thorough your evidence, the stronger your challenge will be.

Stage 1: Informal Challenge

The first formal stage for challenging an FPN is an informal challenge. Write a letter to the issuing authority, typically the local council or police department, detailing why you believe the FPN was incorrectly issued. Attach any supporting evidence to this letter.

Note: For road traffic FPNs, this step might not be applicable. Usually, your only option is to request a court hearing.

Stage 2: Formal Representation

If your informal challenge is unsuccessful or not applicable for a road traffic FPN, the next step is making a formal representation. You will typically have 28 days from the date of the rejection letter to do this. Your formal challenge will require filling out forms provided by the issuing authority and sending them back along with additional supporting documentation.

Legal Representation

If the matter escalates further, it would be wise to seek legal advice. Specialists in road traffic law can give you invaluable insights into the specifics of your case and how best to present it.

Stage 3: The Court Hearing

If you’re challenging a road traffic FPN, you’ll likely have to go to court. At the court hearing, you will present your case and any supporting evidence. The court will then decide whether to uphold or cancel the FPN.

Action	Expected Outcome	Next Steps
Upheld	You will pay the full amount of the FPN and potentially court costs.	No further action; FPN will be recorded.
Cancelled	FPN is rescinded.	No further action; FPN will not be recorded.

Costs to Consider

Remember, challenging an FPN carries financial risks. If unsuccessful, you might have to pay court costs in addition to the original penalty. It’s imperative to weigh these risks before proceeding with your challenge.

Time Limits

Remember, time is of the essence. Make sure to abide by all the timelines given for each stage of the challenge process. Failing to meet these deadlines could result in an automatic loss, regardless of the validity of your case.

What Happens if You Lose?

If your challenge is unsuccessful, you will have to pay the original fine and may incur additional costs. If the FPN was endorsable, the penalty points will be added to your driving record, which could affect your insurance rates and even your ability to drive if you accumulate too many points.

Wrap-up

Challenging a Fixed Penalty Notice is a detailed process that requires a well-thought-out approach. Carefully assess the validity of your claim, gather all relevant evidence, and adhere to all timelines and procedures. Seek legal advice if you’re unsure at any stage, as professional guidance can be invaluable in these situations. With the right information and approach, you stand a good chance of successfully challenging an unjust FPN.

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