Is a Fixed Penalty Notice a Criminal Offence? Law Breakdown
Did you recently get a Fixed Penalty Notice? If so, you might be worried about what this means for you. Don’t worry, you’re not alone. Every month, I offer advice to over 32,000 people who are looking for guidance on tickets and fines. Here, we’ll help you understand your Fixed Penalty Notice and what you can do next:
- We’ll explain what a Fixed Penalty Notice is and why you might get one.
- We’ll show you how to challenge your notice if you think it’s not fair.
- We’ll tell you how much a Fixed Penalty Notice might cost.
- We’ll let you know how long it takes before you get your notice.
- We’ll discuss if a Fixed Penalty Notice is a criminal offence and what happens if you don’t pay.
I’ve worked with many people who have been in your shoes, so I understand that getting a Fixed Penalty Notice can be stressful. But with the right information, you can deal with it. So relax and let’s dive in to learn what you need to do next.
Do You Have to Pay?
In some circumstances, you might have a legitimate reason not to pay your fine.
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Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.
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Is a Fixed Penalty Notice a criminal offence?
A Fixed Penalty Notice (FPN) is issued for minor driving violations and other offences. However, an FPN does not appeal on a criminal record provided a court didn’t convict you as a result of receiving one.
Another exception to this is when you’re caught littering which is a criminal offence in the UK!
If you do receive a conviction for a driving offence, it remains on your record for several years!
The only way to avoid this from happening is to either appeal the FPN or pay the fine before court action is taken against you.
Can you challenge a Fixed Penalty Notice?
Yes. You can challenge a Fixed Penalty Notice although, as mentioned, there’s no formal process. But if the fine didn’t arrive within a specified time, you may have grounds to challenge it!
If you want to plead not guilty to an offence, you’ll have to attend a court hearing. Only a judge can decide whether you have to pay the FPN or not!
Also, it’s worth noting that if you lose the case, the fine will be greater than the original amount. Plus, you’ll have to pay the court costs on top!
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.
In partnership with Just Answer.
What happens when you don’t pay a Fixed Penalty Notice?
When you don’t respond or pay a Fixed Penalty Notice, the case goes to court. In short, you’ll have to attend a court hearing and be prepared to pay a greater fine.
If you admit to committing an offence but then fail to pay the fine within 28 days, the amount increases by 50%. For example, if the original amount was £100, you’d end up paying £150.
Failure to pay an FPH after this will result in an arrest warrant being issued which is to be avoided at all costs!
Do Fixed Penalty Notices appear on a DBS check?
No. A Fixed Penalty Notice won’t appear on a background check. It’s only if you don’t respond or pay the fine that things get complicated.
Moreover, if you lose a court case and the judge finds you guilty of the offence, it will show on your record as a conviction.
Also, if the FPN relates to a littering offence, it will appear on your record and therefore, may be visible on a DBS check.
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How Much is a Fixed Penalty Notice?
The amount you’d be fined for committing an offence that merits a Fixed Penalty Notice depends on the type of offence.
For example, driving offences can earn you a fine from £50 right up to thousands of pounds for serious speeding violations.
Driving offences will also earn you penalty points on your licence which will impact the amount you pay for vehicle insurance!
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How do you pay a Fixed Penalty Notice?
The way you pay a Fixed Penalty Notice is typically done via the Gov.uk website. You must provide the following information:
- The Fixed Penalty Notice reference number
- Date of the offence
- Offence code
- Driving licence details may be required for certain offences
- Email address
- Your phone number
You can pay an FPN in the following ways which I’ve listed in the table below:
| Payment method | Accepted payments |
| Cheque | Payment details are printed on the back of the FPN |
| Credit or debit card | Most cards are accepted |
It’s worth noting that you can’t pay a Fixed Penalty Notice in instalments!
How long before you get the Fixed Penalty Notice?
When an offence is caught on camera, the Fixed Penalty Notice should arrive through the post no later than 14 days after the offence.
In short, you’ll receive a Notice of Intended Prosecution (NIP) which details the offence.
You then have 28 days to return the Section 172 notification providing the drivers’ details to the issuer. After this, you’ll be sent the Fixed Penalty Notice which offers you the chance to pay the fine or to plead ‘not guilty’.
When you plead not guilty to the offence, you’ll have to attend a court hearing to offer a reason for not paying the fine.
There is no formal process to appeal a Fixed Penalty Notice other than to attend court and present your evidence!
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