The Risks of Accepting a Fixed Penalty Notice for Driving Offences

A Fixed Penalty Notice (FPN) is an official notice issued by the police for certain driving offences.

Fixed Penalty offences, such as speeding, driving without insurance, using a mobile phone while driving, an FPN may be issued as an alternative to prosecution.

How it works:

• The FPN will specify the offence, the fine amount, and any points to be added to the driver’s licence.
• The driver has a set period (usually 28 days) to respond, either accepting fault or contesting what is alleged.
• If the driver does not agree with the FPN, they can contest it by requesting a court hearing. However, by accepting the FPN, the driver is effectively admitting guilt to the offence, and the fine must be paid along with the points added to their licence.

While FPNs provide a convenient way to resolve matters without going to court, they can have lasting consequences on a driver's record, licence, and insurance premiums, particularly if multiple offences accumulate. It is important to carefully consider the decision to accept an FPN and consult a solicitor if in doubt.

Penalty Points

A consequence of accepting a Fixed Penalty Notice is the addition of penalty points to the driver’s licence. Points are recorded by the DVLA and remain on your driving record for a specified period (usually 4 years).

The number of points added depends on the severity of the offence:

• Speeding: 3 to 6 points.
• Using a mobile phone: 6 points.
• Driving without insurance: 6 points.

For drivers who already have points on their licence, accumulating more points could have consequences. For example, if a driver reaches 12 or more points on their licence within a 3-year period, they face the possibility of a driving disqualification under the "totting up" ban. The risk of a driving ban increases with each additional offence.

How can we help?

Although accepting a Fixed Penalty Notice seem like a straightforward solution, it is vital to contact a solicitor as soon as possible to obtain expert legal advice to determine whether accepting the Fixed Penalty Notice is truly the best course of action or if challenging the offence could result in a more favourable outcome.

Johnson Astills are experts in criminal law and motoring offences, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with driving offences at both the Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any motoring offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.