Ignoring fixed penalty notice

Hello! I am Gemma, a legal assistant here at Lawyer Destroyer. I would be happy to explain what happens with speeding tickets and fixed penalty notices in England and Wales.

The short answer:

Ignoring a speeding ticket or fixed penalty notice is never a good idea. The problem will not go away. In fact, ignoring it will almost certainly make the situation much more expensive, add more penalty points to your driving licence, and cause you a lot of extra stress.

Understanding what you have received:

It helps to know exactly what piece of paper you have. Usually, the first letter you receive in the post is a Notice of Intended Prosecution along with a request to name the driver. If you ignore this request to name the driver, you commit a completely separate criminal offence. This failure typically carries six penalty points and a fine of up to £1,000, which is often much worse than the original speeding offence.

If you have already named the driver and have been sent the actual Conditional Offer of a Fixed Penalty, which is usually a £100 fine and three penalty points, ignoring this also sets off a chain of events.

What happens if you ignore the fixed penalty:

1. The 28 day deadline passes. You normally have 28 days to either pay the fixed penalty and accept the points, or request a court hearing.

2. Court escalation. If you simply do nothing, the police will pass the matter to the magistrates' court. You will usually receive a Single Justice Procedure notice in the post. This gives you another chance to plead guilty or not guilty, but a magistrate will now look at your case.

3. The fine increases. If you ignore the court notice too, the magistrate will usually convict you in your absence. You lose the chance to benefit from the flat £100 fine. Instead, the court will issue a new fine based on a percentage of your weekly income. They will also add court costs and a victim surcharge. For speeding, court fines can go up to £1,000, or £2,500 if you were on a motorway.

4. Bailiff action. If you continue to ignore the court fine, the court can send bailiffs to your home to seize goods, or they might order your employer to take the money directly from your wages.

5. Penalty points and disqualification. The court will still add the penalty points to your official driving record. If you build up 12 or more points within three years, you will normally be disqualified from driving.

Practical next steps:

Rather than ignoring the notice, it is much better to take a deep breath and deal with it right now. You have three main options.

First, you can accept the penalty. Paying the £100 and taking the three points is usually the cheapest and quickest way to resolve the matter. Sometimes, you might be offered a speed awareness course instead of the points, provided you reply in time and have not been on one recently.

Second, you can request a court hearing. If you genuinely believe you were not speeding, or the ticket is legally flawed, you can fill out the form to ask for a court hearing to defend yourself. Just bear in mind that if you lose in court, it will cost you considerably more than the original fixed penalty.

Third, if you were not the driver, you must still reply to the initial request for driver details. You need to fill in the form explaining the situation and providing the correct driver's details if you know them.

I hope this helps clarify your options. Deal with the letters as soon as you can, and please let me know if you need help understanding any specific documents you have received!