Accept Conditional Offer of Fixed Penalty Notice or Appeal?
If you’ve received a Fixed Penalty Notice (FPN), you may feel stressed and unsure of what to do next. You’re not alone. Each month, over 32,000 people visit this site seeking advice on tickets and fines.
In this article, we’ll explain:
- The reasons for getting a Fixed Penalty Notice
- What a Conditional Offer means
- How to appeal against an FPN
- The costs of an FPN and possible ways to pay it
- The effects of not paying an FPN
We understand that getting an FPN can be worrying. That’s why we’re here to help guide you through the process.
Remember, there’s no need to panic. With the right information, you can make the best decision about accepting your Fixed Penalty Notice or choosing to appeal.
Do You Have to Pay?
In some circumstances, you might have a legitimate reason not to pay your fine.
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What happens after you get a Fixed Penalty Notice?
You must respect the time limit to either pay the fine which means you accept liability once you get a Fixed Penalty Notice. Once you settle the fine, that’s it, no further action is taken against you.
When you don’t pay the fine on time or you ignore the FPN, the issuer will take you to court. If you don’t attend a court hearing, you’re found guilty by default and you risk being arrested!
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Would you be offered a speed awareness course?
If you got a Fixed Penalty Notice for speeding and it’s your first offence, you could be offered a speed awareness course instead of getting penalty points.
However, it depends on the seriousness of the offence and whether you’re a repeat offender. In this case, chances are you will get the points and not be offered the chance to go on the course.
Moreover, you must attend the awareness course, because failure to do so will result in you getting the points on your licence!
Is a Fixed Penalty Notice legally enforceable?
Yes. Fixed Penalty Notices are legally enforceable. So, if you don’t pay the penalty within the deadline, you’d get a court summons!
If you don’t attend court, a default judgement is registered against you which means the amount you pay increases substantially! Plus you risk being arrested.
What happens when you don’t pay an FPN?
It could be a costly mistake not to pay a Fixed Penalty Notice. You could end up with a criminal complaint being filed against you!
An issuing authority has the right to send a case to the court with a view to prosecuting you. Plus, the original penalty increases by 50% and there’d be court costs too!
Choosing not to pay at this stage of the process would see a warrant for your arrest being issued.
Successful Appeal Case Study
Situation
| Initial Fine | £100 |
| Additional Fees | £171 |
| Total Fine | £271 |
The Appeal Process
Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.
| Total Fine | £271 |
| Cost of legal advice | £5 |
JustAnswer helped Scott craft the best appeal possible and he was able to win his case.
Scott’s fine was cancelled and he only paid £5 for the legal help.
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How do you appeal an FPN?
There is no ‘formal process’ to appeal a Fixed Penalty Notice. The only way to challenge the notice is to plead “not guilty” to the offence and take the case to court.
However, I’d strongly advise you to seek legal advice from a solicitor before doing so. Without the right advice, you could end up losing the case and paying a lot more!
What happens when you lose an FPN appeal?
If you lose a challenge against an FPN in court, you’d have no choice but to settle an order ‘to pay’.
If you don’t pay the amount due, you risk being arrested and prosecuted. Plus, the amount owed is registered as a ‘debt’ which will negatively impact your credit score.
Do you have to disclose a Fixed Penalty Notice to insurers?
Yes. You must disclose the fact you got a Fixed Penalty Notice to your insurers. Moreover, if you’re applying for a visa, you’d also have to disclose it.
In short, getting an FPN could see your motor insurance premiums going up.
How much would an FPN set you back?
I’ve listed how much a motoring-related FPN could set you back in the table below:
| Current Fixed Penalty Level | Penalty amount |
| Non-Endorsable Fixed Penalty Notices | £30 |
| Endorsable Fixed Penalty Notices | £60 |
| Non-Endorsable Fixed Penalty Notices | £60 |
| Endorsable Fixed Penalty Notice Offence – Duty to identify driver | £120 |
| Endorsable Fixed Penalty Notice Offence – Driving without third-party insurance | £200 |
Source: Gov.uk
That said, the penalty for littering in the UK could set you back £150. Moreover, if you’re prosecuted and receive a conviction, the penalty could be as much as £2,500!
Speeding offences carry a minimum penalty of £100 which could rise to £1,000 if you plead not guilty. The fine is £2,500 if you’re caught speeding on a motorway and you enter a not-guilty plea in court!
What if you can’t afford to pay an FPN?
You may be struggling with your finances and simply can’t afford to pay the Fixed Penalty Notice within the deadline! If so, you should contact the issuer as soon as you can.
The trouble is that FPNs can’t usually be settled in instalments.
How long do penalty points remain on a licence?
The penalty points remain on your licence for anything between 4 and 11 years. That said, it depends on the type of offence you’ve committed!
More serious speeding offences carry heftier penalties. Plus, it’s much harder to get out of paying the Fixed Penalty Notice!
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How long will it take for a Fixed Penalty Notice to arrive?
A Fixed Penalty Notice could drop through your letterbox six months after an alleged offence occurred!
That said, if you were given an on-the-spot verbal NIP, that’s it, you’ve been served. However, if the offence is caught on camera, the NIP should arrive in the mail within 14 days.
Does an FPN show on a DBS check?
No. Getting a Fixed Penalty Notice won’t appear on a DBS check. But if you don’t settle the amount owed or you lose a court case, a record is registered as a conviction.
In this case, when a DBS check is carried out, the conviction will appear!
How do you pay Fixed Penalty Notices?
You can typically pay a Fixed Penalty Notice by phone, cheque or online. However, you need to check the notice because it can vary from issuer to issuer.
All payment details are provided on the FPN you got.
Lastly, accept a conditional offer of Fixed Penalty Notice or appeal?
There’s no formal process for appealing a Fixed Penalty Notice as such. But you can take the case to court and argue against paying. However, you must have solid grounds to challenge the notice and you should seek legal advice beforehand!
You may be better off accepting the Conditional Offer within the deadline to avoid further action.
Thanks for reading my post. I hope the information helps you decide how to deal with a Fixed Penalty Notice when you get one.
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