I can represent motorists who have been offered a Fixed Penalty Notice for a range of offences, including the most common fixed penalty notices for speeding, driving with no insurance, careless driving and using a mobile phone (whilst driving).
A Fixed Penalty Notice (FPN) can be issued by the police for the following offences:
- Speeding
- Driving without due care and attention (careless driving)
- No insurance
- Using a mobile phone
- Failing to identify the driver
- Parking Offences
- Defective Brakes
- Opening Car doors in a manner to cause danger or injury
- Driving with a dangerous load
- Defective Tyres
- Failing to comply with a traffic sign
- Failing to display excise license
- Motorcyclist failing to wear helmet
- Failing to display excise license
- Construction and Document Offences
Fixed Penalty Notices (FPN’s) are an administrative alternative to prosecution before the Magistrates’ Court. These notices will either be for £50, £100, £200 or £300. Depending on the offence, a fixed penalty notice may either be endorseable (imposing penalty points on your licence) or non-endorseable.
The most common of these are Speeding (3 points and £100 penalty), Using a mobile phone (6 points and £200 penalty), Driving with no insurance (6 points and £300 fine) and Careless Driving (3 points and £100 fine).
They are issued at the discretion of the police and once you have complied with the terms of the notice you cannot be prosecuted before a Magistrates’ Court for the same offence.
If you are issued with a fixed penalty notice for an offence (e.g. using a mobile phone, speeding or driving with no insurance) and you do not accept that you have committed the offence or believe that there are circumstances in connection with the offence that should be considered, you should seek legal advice before accepting the notice. Please feel free to contact for advice and a no obligation consultation on how we can help.
Below you will find information on the law surrounding fixed penalty notices, details of how we can help and answers to commonly asked questions.
There are two different types of fixed penalty notice which may be issued for motoring offences being:
1) Non-endorseable fixed penalty notices:
These are either for £50 or £100.00 and do not attract any penalty points.
£50.00 fixed penalty notices include:
- Neglect of traffic regulations (e.g. failing to conform to traffic signs – give way, roundabout vehicle priority, box junction road markings)
- Negligent use of motor vehicle (e.g. not in proper control, driver not having full view ahead, opening door as to cause injury)
- Vehicle registration and excise licence offences (e.g. registration mark not easily readable)
- Motorway offences (e.g. stopping vehicle on hard shoulder)
- Vehicle or Part in Dangerous of defective condition (e.g. windows not clear and unobstructed, no windscreen wipers)
- Neglect of Pedestrian Rights (e.g. driving elsewhere than on the road)
- Lighting offences (e.g. lamps not showing steady light, misuse of head/fog lamps)
- Noise offences (e.g. causing unnecessary noise, sounding horn at night)
- Load offences (e.g. exceeding weight restriction)
- Cycle and motorcycle offences (e.g. cycle on foot path, not wearing protective headgear for motorcyclists)
£100.00 fixed penalty notices include:
- Failure to wear a seat belt whilst driving
- Vehicle test offence (use of motor vehicle without test certificate)
- Miscellaneous offences (failure to display vehicle licence)
2) Endorseable fixed penalty notices:
These are for either £100.00, £200.00 or £300.00 and also endorse either 3 or 6 penalty points.
£100 and 3 Penalty Points offences include:
- Speeding offences
- Motorway offences (e.g. reversing on a motorway, driving on hard shoulder/central reservation)
- Careless driving (e.g. tailgating, middle lane hogging)
- Neglect of traffic directions (e.g. not stopping at red traffic light)
- Neglect of Pedestrian Rights (e.g. stopping within limits of zebra/pelican/puffin crossing)
- Load offences (e.g. danger of injury due to number of passengers or manner in which they are carried)
- Motorcycle offences (e.g. carrying more than one passenger)
£200 and 6 Penalty Points offences include:
- Using a Mobile Phone
- Failing to give driver information
£300 and 6 Penalty Points offences include:
- Driving a vehicle without insurance
If you are issued with a Fixed Penalty Notice for an offence (e.g. using a mobile phone, speeding or driving with no insurance) and you do not accept that you have committed the offence or believe that there are circumstances in connection with the offence that should be considered, you should seek legal advice before accepting the notice. Please feel free to contact for advice and a no obligation consultation on how we can help.
‘On the Spot’ Fixed Penalty Notices for endorseable offences
If a motorist is stopped at the roadside by a police constable and the constable has reason to believe that a Fixed Penalty Notice offence has been committed, then they may issue a Fixed Penalty Notice on the spot if they are able to establish that the endorsement of penalty points would not result in the licence holder accumulating 12 or more points (“totting up”) within 3 years. The motorist will then have the choice of either accepting the fixed penalty notice within 28 days (paying the penalty and surrendering his licence) or rejecting the notice resulting in a court hearing.
If a motorist is stopped at the roadside and the officer is unable to establish how many points you have on your driving licence, then they may issue the motorist with a notice informing him (or her) that if they surrender their driving licence at a police station within 7 days and it is shown that the endorsement of penalty points will not result in the accumulation of more than 12 penalty points, then they will be entitled to accept a Fixed Penalty Notice.
If in either case the number of points already endorsed on a motorists licence will mean that the addition of further points will mean he has accumulated 12 or more points (“totted up”) within 3 years, then a Fixed Penalty Notice may not be issued.
If you are issued with a Fixed Penalty Notice for an offence (e.g. using a mobile phone, speeding or driving with no insurance) and you do not accept that you have committed the offence or believe that there are circumstances in connection with the offence that should be considered, you should seek legal advice before accepting the notice. Please feel free to contact me for advice and a no obligation consultation.
Are Fixed Penalty Notices only given for speeding?
Although originally used only for parking infractions in the 1950s, FPNs are now used to deal with anything from anti-social behaviour and dog control offences to speeding and neglecting pedestrian rights. The table below contains some of the endorsable and non-endorsable motoring offences you may receive a charge for.
| Non-Endorsable Offences Examples | Endorsable Offences Examples | |
| Neglect of Document and Vehicle Ownership Regulations | Using a vehicle without a valid MOT certificate | Failure to identify the driver |
| Driving without third party insurance | ||
| Neglect of Traffic Regulations | Failing to adhere to roundabout vehicle priority | Failing to stop at a red traffic light |
| Negligent driving or use of a vehicle | Opening a car door in a manner that may cause injury, or driving with restricted view of the road | Careless driving, such as tailgating or reckless overtaking |
| Vehicle registration offences, such as neglecting to ensure your registration mark is easily readable | Speeding offences | |
| Vehicle parts in dangerous or defective condition, such as broken lights or missing windscreen wipers | Unrestrained animals that cause distraction while driving, such as an unsecured dog on the back seat | |
| Lighting offences, such as misuse of headlights | Using a handheld mobile phone while driving | |
| Failure to wear a seatbelt | ||
| Motorway Offences | Stopping on a hard shoulder without valid reason | Reversing on a motorway or driving in lanes marked with a red ‘X’ |
| Neglect of Pedestrian Rights | Driving on pavements or failing to stop at pedestrian crossings | Stopping within limits of a zebra crossing |
| Load Offences | Exceeding vehicle weight restrictions | Danger of injury due to the number of passengers being carried or the manner in which they are carried |
| Motorcycle Offences | Failing to wear protective headgear | Carrying more than one passenger |
| Other Offences | Noise offences, such as causing unnecessary noise from your vehicle |
Fixed Penalty Notice: Speeding Specific
85% of FPNs issued in 2018 were speed related. Although the general rules for speeding FPNs and other FPNs are the same, there are a few other things you may want to know about Fixed Penalty Notices for speeding.
The minimum penalty for speeding is a £100 fine and 3 penalty points on your licence (unless you are eligible to attend a speed awareness course, which will still require the payment of a fine in addition to attendance). The penalty, however, is variable and dependent on where you were speeding and how far over the limit you were speeding at. The maximum penalty is £1,000, and £2,500 for speeding on the motorway. The maximum number of points on your licence is 6, however, you could also face disqualification or a driving suspension.
You could also be disqualified from driving if you build up 12 or more penalty points within a period of 3 years.
The figures below represent the typical fines for each band (A, B and C). Serious offences and mitigating circumstances could raise or lower the fine within that band.
| Band A | Band B | Band C | ||
| Speeding band per speed limit zone | In a 20mp/h zone | 21-30 | 31-40 | 41+ |
| In a 30mp/h zone | 31-40 | 41-50 | 51+ | |
| In a 40mp/h zone | 41-55 | 56-65 | 66+ | |
| In a 50mp/h zone | 51-65 | 66-75 | 76+ | |
| In a 60mp/h zone | 61-80 | 81-90 | 91+ | |
| In a 70mp/h zone | 71-90 | 91-100 | 101+ | |
| Fine by band | 25-75% of weekly income | 75-125% of weekly income | 125-175% of weekly income | |
| Points/disqualification | 3 points | 4-6 points or disqualification for 7-28 days | 6 points or disqualification for 7-56 days |
Am I allowed 10% leeway of the speed limit?
Many people believe that there is a 10% leeway allowed on all speed limits. However, this is not necessarily true. Although guidance from the National Police Chiefs’ Council (NPCC) recommends giving drivers a so-called ‘10% plus 2’ leeway, this is more to guide police officers in their discretion when issuing tickets, rather than a hard and fast rule.
Legally, you are liable for a speeding fine as soon as you exceed the limit – even if you are going 71mp/h on a motorway.
Although speed cameras are manually set to be triggered at a certain speed, it can’t be taken for granted that they sit within the 10% leeway. You are always better off sticking to the speed limit.
Conditional Offer of an endorseable Fixed Penalty Notice
If an offence is detected by way of an automatic device and the case is progressed by way of correspondence, the police may offer a “Conditional Fixed Penalty Notice”, being conditional on the payment of the amount of the Fixed Penalty Notice (£100, £200 or £300) and the surrender of the driving licence within 28 days, showing that the addition of further penalty points will not result in 12 or more penalty points being accumulated within 3 years (“totting up”).
If the Fixed Penalty Notice is not paid or the licence is not surrendered within 28 days, formal prosecution before a Magistrates’ Court may follow.
If you are issued with a fixed penalty notice for an offence (e.g. using a mobile phone, speeding or driving with no insurance) and you do not accept that you have committed the offence or believe that there are circumstances in connection with the offence that should be considered, you should seek legal advice before accepting the notice. Please feel free to contact for advice and a no obligation consultation on how we can help.
What is the effect of rejecting a Fixed Penalty Notice?
An endorseable Fixed Penalty Notice is deemed as rejected if the motorist to whom it is issued does not pay the notice within 28 days or he returns the Fixed Penalty Notice requesting that the matter be referred to the Magistrates’ Court.
If an endorseable Fixed Penalty Notice is rejected, then the matter must be referred to a Magistrates’ Court in order for any penalty to be imposed.
A non-endorseable Fixed Penalty Notice may be rejected by requesting a court hearing and the matter must then be referred to a Magistrates’ Court.
If you are issued with a fixed penalty notice for an offence (e.g. using a mobile phone, speeding or driving with no insurance) and you do not accept that you have committed the offence or believe that there are circumstances in connection with the offence that should be considered, you should seek legal advice before accepting the notice. Please feel free to contact us for advice and a no-obligation consultation on how we can help.