Q&As

When a fixed penalty notice (FPN) has been accepted for driving without insurance, the fine has been paid and licence has been endorsed with six points, but there has been a mistake as to the facts (eg it has come to light that the person in question was in fact insured on the date in question) is it possible to re-open, appeal or otherwise challenge the FPN and if so, how? Is it possible to bring the matter before a court so that the person in question can defend the matter?

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Produced in partnership with Balbir Suri
Published on LexisPSL on 20/01/2021

The following Corporate Crime Q&A produced in partnership with Balbir Suri provides comprehensive and up to date legal information covering:

  • When a fixed penalty notice (FPN) has been accepted for driving without insurance, the fine has been paid and licence has been endorsed with six points, but there has been a mistake as to the facts (eg it has come to light that the person in question was in fact insured on the date in question) is it possible to re-open, appeal or otherwise challenge the FPN and if so, how? Is it possible to bring the matter before a court so that the person in question can defend the matter?
  • The effect of accepting an FPN

Under section 143(1)(a) of the Road Traffic Act 1988 (RTA 1988), ‘…a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person...a policy of insurance...’. This is an offence under RTA 1988, s 143(2), which can be dealt with by way of a fixed penalty notice (FPN).

An FPN is an administrative alternative to a prosecution before a magistrates’ court. Depending on the offence, an FPN may either be endorsable and so imposes penalty points on a motorist’s licence or non-endorsable. They are issued at the discretion of the police and once a motorist has complied with the terms of the notice they cannot be prosecuted before a magistrates’ court for the same offence.

Driving without insurance is endorsable with a fine and penalty points.

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