How to appeal a Fixed Penalty Notice

Have you just received a Fixed Penalty Notice and feel a bit lost? You’re not alone. This article is here to help you understand what to do next. Each month, we help over 130,000 people make sense of fines and Fixed Penalty Notices.

In clear and easy words, we’ll help you learn:

What a Fixed Penalty Notice really is.
If it’s a must to pay your Fixed Penalty Notice.
The right way to challenge a Fixed Penalty Notice.
Times when you might not need to pay.
What could happen if the notice isn’t paid.

We understand that receiving a Fixed Penalty Notice can make you worried, but there’s no need to panic. We’re here with useful advice and examples to guide you through this.

Let’s get started and discuss your options.

Most Appeals Succeed

In some circumstances, you might have a legitimate reason not to pay your fine.

It’s a bit sneaky, but the last time I needed legal advice, I paid £5 for a trial to chat with an online solicitor called JustAnswer.

Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.

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*Around 35,000 people dispute their tickets each year with the Traffic Penalty Tribunal, and a striking 64% of those appeals are successful, so it’s well worth a try.

Is FPN and PCN the same?

No. An FPN is a Fixed Penalty Notice which is issued for serious offences like parking on a red route.

A PCN is a Penalty Charge Notice which is more commonly issued for minor parking violations and some minor traffic offences.

How do I appeal against a fixed penalty notice?

There is no formal appeal process for fixed penalty notices.

Therefore, the matter will be decided in court if you are unwilling to admit guilt for the alleged offence.

However, considering that this is going to be an expensive and time-consuming process, you should give it some serious thought before appealing.

Check out why one motorist wonders if it is worth appealing a Fixed Penalty Notice.

Source: Moneysavingexpert

The fines that are ultimately imposed by a court will be higher than those that were stipulated in the initial fixed penalty notice if you are found guilty and are made to pay.

Should you make the decision to contest a fixed penalty notice, you should seek the assistance of a qualified legal professional or the Citizens Advice Bureau.

What if there are mitigating circumstances?

You can’t use mitigating circumstances to challenge a Fixed Penalty Charge.

This is because a Conditional Offer does not offer this option which should be seen as a ‘take it or leave it’ option.

Successful Appeal Case Study

Situation

Initial Fine	£100
Additional Fees	£171
Total Fine	£271

The Appeal Process

Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.

Total Fine	£271
Cost of legal advice	£5

JustAnswer helped Scott craft the best appeal possible and he was able to win his case.

Scott’s fine was cancelled and he only paid £5 for the legal help.

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In partnership with Just Answer.

How do I pay a FPN?

The details for paying should be on the FPN.

In my experience, it usually requires you to visit an online portal on the issuing council’s website and follow the process there, or call them.

You will need to give your FPN reference, so it is important to have this information to hand when you pay or appeal a Fixed Penalty Charge.

Can you ignore a fixed penalty notice?

No – you should not ignore a fixed penalty notice.

These are legally enforceable and if you do not pay within the allotted timeframe, which is usually 28 days, the matter will be referred to a magistrates court.

If it doesn’t go in your favour – and you will need plenty of supporting evidence and/or a very good reason for it to be quashed – you will have to pay the original fine, plus the court costs, which can be pretty expensive.

If you still do not pay, further action will almost certainly be taken.

This could be by sending enforcement agents (otherwise known as bailiffs) to your home to recover the money, or even putting a warrant out for your arrest.

What happens if you can’t pay a fixed penalty?

If you can’t afford to pay the FPN within the allotted time frame, it is important to take action immediately.

You should not to leave it until the last minute, as it can be harder to sort out when you are in a panic.

Contact the fines officer at the court that issued your FPN and explain your situation.

Some of the things that you could ask include:

Paying at a later date – perhaps when you receive a benefit payment or work payment
Paying in instalments
Extended time frame

You should be able to find the details for the court on any correspondence.

» TAKE ACTION NOW: Get legal support from JustAnswer

What can I get a Fixed Penalty Notice for?

Fixed penalty notices can be either endorsable or non-endorsable depending on the circumstances.

A non-endorsable ticket will only result in a fine.

Whereas an endorsable ticket will result in points being added to your licence (normally three points).

The following is a list of some of the offences that could result in a Fixed Penalty Notice instead:

Ignoring traffic regulations
Vehicle registration offences
Vehicle in a defective or dangerous condition
Load offences
Careless driving (middle lane hogging, tailgating, etc)
Unrestrained animals
Failure to wear a seatbelt
No MOT
Using a mobile phone while driving
Driving with no insurance

How long do FPN penalty points stay on my licence for?

You will not receive a criminal conviction for failing to pay an FPN within the allotted time.

As a result, you will not have a criminal record for the offence.

If the violation results in penalty points being put on your driving record, those points could remain there for either four or 11 years, depending on the gravity of the infraction.