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Fixed Penalty Notice

For minor road traffic offences, drivers can be offered a Fixed Penalty Notice by either the police or the prosecution service. The Fixed Penalty Notice comes in the form of a letter and is the equivalent of a Fixed Penalty Ticket, which is the pink slip that the police issue at the roadside.

The Purpose of a Fixed Penalty Notice

The purpose of the fixed penalty system is to reduce the number of offences going through the court system, where the offence is not particularly serious.  If the fixed penalty notice is accepted then the driver will not be prosecuted.

The Fixed “Penalty”

The “penalty” always involves a fine and in most types of case will also result penalty points being put on the driver’s licence.  If the fixed penalty is accepted it avoids the formal process of prosecution.  If a driver accepts a fixed penalty, this is recorded on the person’s DVLA record and licence (if he or she has one) and there is no formal criminal conviction.  Once a fixed penalty is accepted, there is no process for undoing the points that are endorsed on the licence.

Acceptance of a Fixed Penalty Notice

To accept a Fixed Penalty Notice, a driver must submit their licence to the court to have points written on it.  He or she must also pay the stated fine (usually £100, depending on the offence).

Fixed Penalties cannot be accepted by drivers who have 9 points on their licence.  In this case, the Scottish Court Service will not accept payment for the fixed penalty.  Instead, the case will be referred back to the police or prosecutor, and a prosecution will be launched.

Fixed Penalty Notice

Can I challenge a Fixed Penalty Notice?

Scottish Driving Law offers free advice for drivers who have been issued with fixed penalties.  Call us if you would like specific advice for your case.


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