Council and Police Fines
Fixed Penalty Notice

I Can’t Afford to Pay my Fixed Penalty Notice – Things You Can Do

Scott Nelson MoneyNerd Janine Marsh MoneyNerd
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Scott
Scott Nelson MoneyNerd

Scott Nelson

Debt Expert

Scott founded MoneyNerd after his own experience with debt. He runs the website and oversees its general information about debt and other money matters. Scott does not provide personal debt advice or recommend debt solutions through MoneyNerd. If you make a debt enquiry, MoneyNerd may introduce you to The Debt Advice Service, which provides any personal debt advice.

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Janine Marsh MoneyNerd

Janine Marsh

Financial Expert

Janine contributed articles and videos to MoneyNerd about everyday money, household costs, debt topics and parking matters. She has a background in broadcasting, including work with BBC Radio 5 Live and Bauer radio stations.

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· Jun 21st, 2024
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Can't Afford to Pay Fixed Penalty Notice

Are you worried because you can’t afford to pay your Fixed Penalty Notice? This article is here to help. We will give you clear, simple advice on what you can do. Every month, over 130,000 people use our website to understand fines and penalty notices better.

In this article, we will explain:

  • What a Fixed Penalty Notice (FPN) is.
  • Whether or not you need to pay your FPN.
  • Ways to challenge an FPN.
  • Situations where you might not need to pay.
  • What could happen if you ignore the FPN.

We understand that getting a Fixed Penalty Notice can be a big worry, and not only for you. A group of MPs and Peers are also worried about Fixed Penalty Notices. They say FPNs, which can cost up to £10,000, are hard to understand and might be unfair.1

But you’re not alone – in fact, many people face this problem. We are here to help you understand your options and guide you through what you can do next.

Let’s dive in.

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You can use the official challenge process without buying a paid service. If you choose to use JustAnswer, visit JustAnswer to read its service and payment terms.

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How much is a Fixed Penalty Notice?

Fixed Penalty Notices have a designated amount for each type of offence. For example, a parking offence may have a fine of £30, while having no insurance or speeding will carry a fine of up to £300. 

Along with some FPNs, you will be required to hand in your licence and receive points. 

Can I appeal?

Unfortunately, there is no formal appeals process for an FPN. However, you can choose to challenge the notice, which would typically result in a court hearing, or you can choose to admit guilt and pay.

If you are worried that you cannot pay the initial FPN, going to court could be a riskier option as it is often more costly, and you may end up with a fine that is bigger than the original cost. 

Check the right challenge process

A Fixed Penalty Notice does not normally use the council parking tribunal process. The notice explains how to dispute the allegation, which may require a court hearing. If convicted, the penalty and costs can be higher than the fixed penalty. Check the process and deadlines before deciding what to do.

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General information. The procedure depends on the notice and jurisdiction. Check the issuer’s instructions.

What if I ignore it?

Ignoring a Fixed Penalty Notice isn’t the best course of action. By ignoring the fine and letting the clock run out on the allotted payment time (21 or 28 days), you will be issued with a court summons. 

  • The court can choose to take money from your benefits or wages.
  • Arrange for enforcement officers to come to your home to collect the payment, and extra fees will be added on top of the fine.
  • The fine may be registered, which means it will stay on your credit history for five years and impact your credit score.

In the case that you are contacted by a bailiff, there are still things you can do. Before a bailiff can come to your home, you will receive a letter giving your seven days’ notice.

Although enforcement agents often feel intimidating, it is possible to negotiate with them, so try not to panic. I have a post that can help you understand your rights when it comes to bailiffs or ‘enforcement officers’: Bailiffs – What Are Your Rights and How to Stop Them.

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I can’t afford to pay, what can I do?

If you receive a fine you can’t afford to pay, you can take action immediately. There are potential payment options available to you. Contact the relevant authority (e.g. police, local council) from where your FPN was issued – these should be included with the notice.

Don’t leave it until the last minute so you have plenty of time to talk through the situation calmly. 

When you contact the court, here are some things you can request: 

  • To pay at a later date (perhaps one that coincides with benefit payments or getting paid from work). 
  • If you can pay your fine in instalments, or where you are already paying in instalments, could this be reduced further?
  • Can you make the length of time you have to pay longer?

The details for the court you need to contact will be in the letter. 

Note: the council websites often state that you cannot pay your FPN in instalments, so it is better to contact the court directly via the telephone. 

We can see here that this forum user on MoneySavingExpert cannot afford to pay her FPN, so she is looking for advice on what happens if you can’t pay a fine.

Showing your budget 

The court can request that you show them how much you can afford, so ahead of calling, be prepared to offer some calculations. 

I have several posts that can help you make a budget: Budgeting – A Simple guide, and a budget tracker: Monthly Budget Tracker – Free Spreadsheet Download.

In cases where you have no money left at the end of the month or that paying the fine would render you unable to pay essential bills, your fine may be cancelled. 

JustAnswer is a paid third-party question-and-answer service providing general information. Its standard service does not create a solicitor-client relationship. Membership can renew automatically with recurring charges until cancelled. Check the initial price, renewal price and cancellation terms before signing up. Buying this service does not guarantee a successful challenge. See JustAnswer’s membership and cancellation information.

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I have ignored my Fixed Penalty Notice and have to go to court; what can I do?

When you ignore your FPN for 21 or 28 days, you will receive a court summons telling you to go to court. You must attend this hearing; you can be arrested and imprisoned if you ignore this summons. 

You still have the opportunity during the court proceedings to show that you cannot afford the fine.

Using the budgeting guide, the tracker above, and any other evidence you have (like a bank statement and bills), you can show how much you can afford or can’t afford to pay. 

As soon as possible before your court date, see if you are entitled to free legal aid. From my experience, having legal representation and learning about your legal rights can help you when you go to court. 

If you can’t afford to pay your Fixed Penalty Notice, get to work on your monthly budget breakdown, and offer evidence to support your request.

Glossary of terms

FPN – Fixed Penalty Notice. An FPN or Fixed Penalty Notice is an offer to pay a fee to avoid being prosecuted in the Magistrates’ Court. They are issued to people for different types of offences, including motoring offences, environmental crimes and other minor offences in public. 

NIP – Notice of Intended Prosecution. A NIP or Notice of Intended Prosecution informs a potential defendant that they may face prosecution for an offence while the incident remains fresh in their memory. The incident could be for speeding or other types of traffic violations.

PCN – Penalty Charge Notice. A PCN or Penalty Charge Notice is a type of fine from a local council or Transport for London (TfL). They are issued to motorists for different reasons, such as parking contraventions on public land or using a bus lane when not permitted. 

Enforcement Officer – An Enforcement Officer or Bailiff is a person who may visit your home for debt collection if you do not pay your debts. This can happen if you ignore letters saying that bailiffs will be used. Bailiffs should usually give you at least 7 days’ notice of their first visit.

JustAnswer is a paid third-party question-and-answer service providing general information. Its standard service does not create a solicitor-client relationship. Membership can renew automatically with recurring charges until cancelled. Check the initial price, renewal price and cancellation terms before signing up. Buying this service does not guarantee a successful challenge. See JustAnswer’s membership and cancellation information.

A paid service is optional. Gather your notice and evidence, check the deadline and decide whether you need professional advice about your circumstances.

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References

  1. UK Parliament – Joint Committee on Human Rights: Every Fixed Penalty Notice issued under coronavirus Regulations must be reviewed
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The authors
Scott Nelson MoneyNerd
Author
Scott founded MoneyNerd after his own experience with debt. He runs the website and oversees its general information about debt and other money matters. Scott does not provide personal debt advice or recommend debt solutions through MoneyNerd. If you make a debt enquiry, MoneyNerd may introduce you to The Debt Advice Service, which provides any personal debt advice.
Janine Marsh MoneyNerd
Appeals Expert
Janine contributed articles and videos to MoneyNerd about everyday money, household costs, debt topics and parking matters. She has a background in broadcasting, including work with BBC Radio 5 Live and Bauer radio stations.