A Fixed Penalty Notice (FPN) is a common way for authorities to deal with motoring offences, allowing alleged offenders to settle the matter without a court hearing. These notices are issued for a range of offences, including speeding, parking fines and careless driving. If you’ve got one, you need to know your rights, options and what it means for your driving record.
What is a Conditional Offer of a Fixed Penalty Notice?
A conditional offer means that if you accept guilt and pay the fine within a specified time limit, you can avoid a criminal conviction and a court hearing. This is an administrative alternative to prosecution and is commonly used for traffic offences such as:
- Speeding (often caught by a speed camera)
- Not following traffic signs or box junction markings
- Roundabout vehicle priority breaches
- Using a mobile phone while driving
- Vehicle test offences, such as driving without a valid MOT
- Load offences or driving a vehicle in a dangerous or defective condition
- Causing unnecessary noise with a motor vehicle
- Parking offences
- Wearing a helmet incorrectly (or not at all) while riding a motorcycle
You may also get points on your licence or a speed awareness course instead.
Alleged Offender Options: What Can You Do?
If you get a fixed penalty notice, you have three options:
1. Accept Guilt and Pay the Fine
- The easiest way to get the matter sorted is to pay the fine before the deadline.
- If the offence is an endorsable offence, you’ll also get three points or more on your driving licence.
- In some cases you may be offered a speed awareness course instead of points.
2. Officially Challenge the Notice
- If you have a good reason to dispute the notice, you can challenge it.
- You must plead not guilty, which will mean proceedings continue through a court hearing.
- If found guilty, you may get a higher fine, extra court costs and a criminal record.
3. Dismiss the Notice (Not Recommended)
- If you ignore the notice number or don’t respond, the local police may take further action.
- This could mean a registered keeper liability case, extra penalties or prosecution.
When Should You Get Legal Advice?
For more serious motor offences, dangerous or defective condition charges, or if you think the fixed penalty system has been unfair, you should get advice from a specialist legal advisor such as #1 Motoring Solicitors, who specialise in defending clients against fixed penalty notices and alleged offences.
What Happens If You decline the Conditional Offer?
If you turn down the conditional offer of a fixed penalty notice, your case will go to court and you will need to:
- Attend a hearing before a magistrate.
- Argue why the penalty notice should be cancelled.
- If found guilty, face higher fines, more penalty points and court costs.
Conclusion
A fixed penalty notice is a way to deal with minor traffic offences quickly, but you need to think about your alleged offender options carefully. If you’re unsure, get a lawyer before you decide, especially if the alleged offender fits the criteria for a harsher penalty. In those circumstances, expert legal advice can make a big difference.
If you have a conditional offer and are unsure what to do, get advice from citizens advice or a motoring solicitor and you’ll understand your next steps.