How they work
An increasing number of offences are now dealt with my way of a Fixed Penalty Notice. Offences can cover anything from vehicle defects, through to tachograph offences or no insurance.
Action to Take – Payment or Appeal to Court
Advice should be sought immediately from a specialist transport solicitor on any occasion a Fixed Penalty Notice is received.
Operators and drivers should consider carefully what to do regarding a Fixed Penalty Notice. It is all too easy just to pay the small fine and not challenge it, even when you are innocent of the alleged offence.
However, both operators and drivers need to consider the regulatory action which could result from just paying the fixed penalty. In other words, for an operator it could lead to a Public Inquiry and for a driver it could lead to Driver Disciplinary Hearing. Both could result in disciplinary action being taken on the respective licences of the company or driver, which could include either suspension or loss of the licence.
Anyone receiving a fixed penalty notice has up to 28 days to decide whether to appeal it or pay it. If you appeal the notice, then a court summons will be issued in due course and you are able to then put forward your defence at Court.
Going to Court
To appeal the matter to Court, individuals need to complete the relevant section of the fixed penalty notice and return it to VOSA/Police without any payment. This must be done within 28 days of the notice being issued.