Applies in: England & Wales Reviewed: 17 Oct 2026 by LawTheGuide editorial team Law as of: 1 Oct 2026 Written for drivers who have received a speeding FPN

I have received a speeding fixed penalty notice. What are my options?

Short answer

A speeding fixed penalty notice (FPN) gives you a choice: accept the penalty (pay the fine and take the points), request a speed awareness course if offered, or reject the notice and go to court. Rejecting an FPN risks a higher fine at court, but also gives you the opportunity to challenge the evidence.

You must respond within 28 days. If you do not respond, the case is referred to the magistrates' court and a summons may be issued. Ignoring the notice does not make it go away — it usually makes things worse.

28 Day deadline
5 Steps to follow
7 Items to gather
4 Primary sources

1 The rule

The fixed penalty notice scheme for speeding is governed by

Road Traffic Offenders Act 1988, Part III Primary statute
"Where a constable … has reason to believe that a fixed penalty offence has been committed, he may … give the person a fixed penalty notice."
Read the official text

The standard penalty for a first speeding offence is three penalty points and a £100 fine. For higher speeds, the Band B and Band C penalties rise to 4–6 points and fines of 75–175% of weekly income. Totting up to 12 or more points within three years results in a minimum six-month disqualification unless exceptional hardship can be shown.

2 What you can do now

  1. Respond to the Section 172 notice to identify the driver

    If you received a NIP and a Section 172 request (asking you to identify the driver of the vehicle at the time of the alleged offence), you must respond within 28 days under <a href="https://www.legislation.gov.uk/ukpga/1988/52/section/172" target="_blank" rel="noopener noreferrer">Road Traffic Act 1988, s.172</a>. Failure to identify the driver is a separate offence carrying six penalty points — the same as the underlying speeding offence in many cases. If you were driving, provide your details. If someone else was driving, provide their details (you are not shielding them — they will then receive their own process). If you genuinely cannot identify the driver, explain the circumstances in writing; a bare assertion without explanation is unlikely to be accepted.

  2. Decide whether to accept, take a course, or contest

    Once the FPN arrives (if the s.172 response confirmed you as the driver), you have three options: (1) Accept — pay £100 and accept three penalty points within 28 days. For minor first offences, this is usually the quickest resolution. (2) Speed awareness course — if offered (typically for speeds up to 10% + 9 mph over the limit), attending a course costs around £80–£100 and means no fine and no points. You can only take the same course once in three years. (3) Reject and elect for court — if you believe the evidence is wrong, the speed limit sign was absent, the camera was not calibrated, or you have a specific legal defence, you can reject the FPN. The case then goes to the magistrates' court.

  3. If contesting: request the prosecution evidence

    If you reject the FPN, the Crown Prosecution Service or local police will serve you with a single justice procedure notice (SJPN) or issue a summons. Request the prosecution evidence (initial details of the prosecution case — IDPC) as soon as possible. This typically includes: the CCTV or camera image, the calibration certificate for the speed measurement device, the Notice of Intended Prosecution, and the s.172 response. Review the image carefully — is it your vehicle? Is the speed reading on the sign visible in the image? Was the device properly calibrated on the date of the offence? Calibration records should show the device was tested within the required period.

  4. Attend the magistrates' court hearing

    Speeding is a summary offence tried in the magistrates' court. The prosecution bears the burden of proof — they must prove beyond reasonable doubt that your vehicle was doing the recorded speed on that road at that time. You are entitled to a fair trial and can cross-examine the prosecution witnesses. If you represent yourself, prepare a clear, focused submission. Magistrates' courts deal with hundreds of speeding cases — a credible, specific defence supported by evidence is far more persuasive than a vague denial. If acquitted, you may apply for costs from central funds. If convicted, the court has discretion to impose a higher fine than the FPN, up to the maximum (£1,000, or £2,500 on a motorway), plus costs.

  5. Contest a disqualification on exceptional hardship grounds if needed

    If a conviction or acceptance of the FPN would bring you to 12 or more penalty points within three years, you face a mandatory minimum six-month disqualification (totting up) under the <a href="https://www.legislation.gov.uk/ukpga/1988/53/section/35" target="_blank" rel="noopener noreferrer">Road Traffic Offenders Act 1988, s.35</a>. You can avoid disqualification only by demonstrating exceptional hardship to you or others — not merely inconvenience. Loss of employment that would cause financial hardship to dependants, or inability to care for a vulnerable person who depends on you, are accepted examples. The court has discretion, and you must produce evidence. See also the <a href="/guides/traffic/challenging-penalty-charge-notice" class="body-link">guide to challenging a penalty charge notice</a> for the parallel civil parking process.

3 When this does not apply

  • Hire cars and fleet vehicles: the registered keeper (the hire company or fleet operator) must still respond to the s.172 notice identifying the driver. Failing to identify the driver is a defence only if it was not reasonably practicable — in most cases a hire company has records.
  • Motorway speeds (variable speed limits): disputes often arise about whether a variable speed limit was in force at the time. Check traffic camera footage and the Traffic Commissioner's records if the limit was set by a variable message sign.
  • New drivers (first two years after passing test): new drivers lose their licence if they accumulate six or more points within two years. Six points from a single speeding offence (Band C) would result in revocation — the driver must re-take the test.
  • Mitigating circumstances: the magistrates can consider personal mitigation (a genuine emergency, a medical episode) even where guilt is not disputed. These may reduce the fine but will not avoid points.

4 Common questions

Does accepting the fixed penalty affect my insurance premium?

Yes. Most insurers ask whether you have any penalty points on your licence when you renew or take out a new policy. Three points for a speeding offence will typically increase your premium, though the extent depends on the insurer, your history, and the class of vehicle. Points remain on your licence for four years from the date of offence (three years for totting-up purposes). Taking a speed awareness course avoids points altogether, which is why it is generally the better option where offered.

Can I get a speeding conviction removed from my record?

No. Once convicted, a speeding conviction stays on your DVLA record and your insurance record (which insurers maintain separately). The points expire after four years (from the date of offence) for most offences and three years for totting-up. However, the conviction itself remains on the DVLA record for longer. There is no mechanism to appeal a conviction or have it expunged other than through the normal court appeal process (appeal to the Crown Court within 21 days of conviction).

I was not the driver. Do I have to say who was?

Yes. Under <a href="https://www.legislation.gov.uk/ukpga/1988/52/section/172" target="_blank" rel="noopener noreferrer">Road Traffic Act 1988, s.172</a>, the registered keeper must provide the identity of the driver on request. Failure to do so is a separate offence carrying six penalty points and a fine. You are not shielded from providing the information by any right of privacy — the European Court of Human Rights upheld this obligation in <em>O'Halloran and Francis v UK</em> [2007] ECHR 545. If you genuinely cannot recall who was driving, put this in writing with full supporting detail; a bare assertion is unlikely to succeed.

Sources

Related reading

Next stage · 06 File: responding to a court summons