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How To Get Out Of A Fixed Penalty Notice 2022

HomeCouncil FinesHow To Get Out Of A Fixed Penalty Notice 2022
get out of fixed penalty notice

Did you get a fixed penalty notice? Wondering how to get out of paying it? Chances are you’ll probably have to pay. Unless the police made a mistake when issuing it.

Read on to find out whether you can get out of paying a fixed penalty notice. Or whether you’ll have to bite the bullet and pay to avoid prosecution.

Do You Have to Pay?

In many circumstances, parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat with an online solicitor.

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

You can try it out now, just remember to cancel the trial once you’ve got your answer.

What is a fixed penalty notice?

When you get a fixed penalty notice (FPN), you’re given a chance to ‘discharge’ the fact you committed a minor road traffic offence. Like speeding, for example. In effect, you admit the offence and, therefore, avoid prosecution.

How do I appeal a fixed penalty notice issued by the police?

You can’t ‘formally’ appeal an FPN issued by the police because there’s no actual process in place. 

That said, when you disagree with it, you could:

  • Not pay the fixed penalty fine
  • Go to Court and let a judge decide whether it is merited or given correctly

The downside to taking this route is that it’s incredibly time-consuming. Plus, it can work out expensive.

Note: Some local authorities have their own internal appeals processes, which means a dispute can be resolved without going to Court.

What about fixed penalty notices issued by councils?

You could appeal a fixed penalty notice issued by a local council if:

  • To the best of your knowledge, you didn’t commit an offence
  • The FPN was not issued correctly – an example, there was an exception under the law
  • Someone else committed the offence
  • You could not prevent the offence from being committed, yet you got the FPN
  • The FPN should not have been served because you are under 18, mentally or physically incapacitated, or did not have the understanding an offence was committed
  • There were extenuating circumstances that affected you temporarily 
  • That service the FPN was not in the public interest

Note: A local authority has evidence of an offence, so when you appeal, you must provide proof for it to be cancelled.

What proof do I need to provide to get out of an FPN?

You must provide proof to support your appeal against an FPN. This includes:

  • Photos
  • Witness statements

The more evidence you can provide, the stronger your appeal is. An appeal against a fixed penalty notice gets turned down if the following reasons apply:

  • You did not know the law (ignorance of the law doesn’t get you out of paying an FPN)
  • You didn’t think you’d committed an offence
  • You were unable to prevent the offence
  • It was only a minor offence. Therefore, you should be let off

Can you ignore the fixed penalty notice?

When you ignore a fixed penalty notice, the offence is referred to the Courts. You may have to appear before a magistrate. Then you have a couple of choices:

  • Plead guilty by letter to avoid going to Court
  • Appear in Court to argue your case against the FPN

The amount you pay increases if you lose and are found guilty of committing the offence. Plus, you’ll have to pay court costs!

What’s the time limit for the police to issue a conditional offer or fixed penalty?

The police must issue you a conditional offer or fixed penalty notice within 6 months of the alleged offence.

The police have 14 days to serve you with a Notice of Intended Prosecution (NIP) if you weren’t given the FPN in person.

Note. The NIP is set to the registered owner of the vehicle.

Can you appeal against penalty points for speeding?

Yes, you can appeal a fixed penalty notice by refusing to pay and going to Court. The decision on whether you have to pay or not is made through the Courts. So, first, request a Court hearing. Then gather as much evidence as possible to support your request to have the FPN quashed.

My advice? Pay the fine and accept the penalty points if you committed the offence. It could work out cheaper in the end.

Can I have penalty points removed from my licence?

No. You can’t have penalty points removed from a licence once they’re issued. In short, the points stay on your licence for the duration. Then the DVLA removes the points automatically.

Do I have to tell insurance providers about the penalty points?

Yes. You must inform an insurance provider you got penalty points on your licence. Plus, you’re obliged to tell new insurance providers of the penalty points.

When you don’t disclose the points, the consequences are severe. Plus, motor insurance companies can access the National Vehicle and Driver File. It means they can check whether you have a clean licence or not!

Insurers can check what the points are for, which includes drink driving, speeding and all 14 other offences.

Note: Your motor insurance is invalid when you don’t disclose penalty points on your driving licence.

Will a fixed penalty notice appear on my DBS certificate?

No, an FPH won’t impact your DBS certificate. They are on-the-spot fines the police and local councils issue for relatively minor offences.

Do You Have to Pay?

In many circumstances parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat to an online solicitor.

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

You can try it out now, just remember to cancel the trial once you’ve got your answer.

GET STARTED

Lastly, how to get out of a fixed penalty notice

When the police issue you with a fixed penalty notice, I suggest you deal with it rather than ignore it. You could end up paying double if you go to court and lose. Plus, you’ll have to pay court costs.

My advice? Only challenge a fixed penalty notice when you are sure you’ll win. Moreover, seek advice from a legal adviser before deciding anything. It could save you a lot of money in the end!

Thanks for reading this post on how to get out of a fixed penalty notice (FPN). I hope the info helps you decide whether to pay or challenge the fine.

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