A fixed penalty notice is where a person is given the opportunity of paying a set amount of money to discharge their liability for a conviction for a road traffic offence that they may accept.
There are certain types of motoring offences that can attract fixed penalty notices. In such cases there may be a fixed sum that has to be paid as a way of settling the offence, which is often in the region of £60, but there are different rates that may exist for different offences. Where the offence requires obligatory endorsement, the fixed penalty is normally £60.
There are certain conditions that must exist before a fixed penalty notice can be given:
- The offence must be endorsable
- The person receiving the offer of a fixed penalty notice must hold and be able to surrender their driver’s license
- The driving license must not then have 12 or more penalty points when points are added
If these conditions cannot be satisfied, the person may not be able to receive a Fixed Penalty notice.
Instead they may receive a postal requisition requiring them to attend court or possibly to produce the driving licence at a Police Station within 7 days. If the licence can be produced within 7 days, it’s possible that the fixed Penalty and licence may be endorsed provided the number of points does not then equal or exceed 12 in number.
The fixed Penalty Notice must contain certain information including:
- Specifying the offence for which the Notice is being offered
- Offering sufficient information for it to be challenged, if it is not accepted
If the Fixed Penalty Notice is simply affixed to a vehicle and not given to the driver or person in control or with ownership of the vehicle, there are different rules that apply.
To discuss your specific details and how to challenge a fixed penalty notice, you may need specialist legal advice. We have a specially trained legal team that can advise further on the specific situations that may arise. We are criminal defence solicitors based in London & the Home Counties – contact us now.