Speeding
If a speed camera or the police record a vehicle speeding, a Notice of Intended Prosecution is usually sent to the registered keeper. In most cases, it must be sent within 14 days of the offence, unless you were told at the time that you may be prosecuted.
Depending on the speed and the circumstances, you may be offered a speed awareness course, a fixed penalty with a fine and penalty points, or be asked to go to court. More serious speeding cases are dealt with in court, where the penalties can be higher and a driving ban is possible.
Naming the driver
If you're the registered keeper and receive a notice asking who was driving, you're legally required to give the driver's details, usually within 28 days. Failing to do so without a reasonable excuse is an offence in itself, and it carries penalty points and a fine. This applies even if you weren't the driver, and it applies to companies that own vehicles.
Penalty points and "totting up"
Penalty points stay on your driving record for a set period, which depends on the offence. If you build up 12 or more points within three years, you'll usually be disqualified from driving for at least six months. This is known as a "totting up" ban.
In limited cases, the court may decide not to disqualify you if the ban would cause exceptional hardship. This means more than ordinary inconvenience, and hardship to other people, such as family members or employees, is often given more weight than hardship to the driver.
New drivers
If you get six or more penalty points within two years of passing your first driving test, your licence will usually be revoked. You would then need to reapply for a provisional licence and pass both the theory and practical tests again. Points from before you passed can count towards this.
Mobile phones
It's illegal to hold and use a phone or similar device while driving, including while stopped at traffic lights or queuing in traffic. The penalty includes penalty points and a fine, so a single offence can lead to a new driver losing their licence.
Drink and drug driving
Driving or attempting to drive while over the legal alcohol limit, or while unfit through drink or drugs, is a serious offence. A conviction usually leads to a driving ban of at least 12 months, and a fine or, in more serious cases, a prison sentence. Failing to provide a specimen when asked by the police is also an offence with similar penalties.
Driving without insurance
Driving without valid insurance is an offence that can lead to penalty points, a fine and, in some cases, a driving ban. The police can also seize the vehicle. If you're unsure whether your insurance covers you, for example when driving someone else's car, it's worth checking your policy before you drive.
Parking tickets from councils
Councils and some other authorities issue Penalty Charge Notices for parking and some moving traffic contraventions, such as bus lanes and yellow box junctions. These are civil penalties, not criminal fines.
You can usually challenge one by making informal and then formal representations to the council. If the council rejects your challenge, you can usually appeal to an independent tribunal. Paying within a set period often gets you a discount, but check the notice carefully, as paying normally ends your right to challenge.
Private parking charges
Car parks run by private companies, such as at supermarkets and retail parks, issue Parking Charge Notices. These aren't fines. They're a claim that you've broken the terms of using the car park, and the company would need to take you to court to make you pay.
If you think a private parking charge is unfair, you can usually appeal to the operator first and then to an independent appeals service. Don't ignore letters about a private parking charge, especially court papers, as a county court judgment could affect your credit rating.
Road traffic accidents
If you're involved in an accident where someone is injured, or a vehicle, animal or property is damaged, you must stop. If asked, you must give your name and address, the vehicle owner's name and address, and the vehicle's registration number. If you don't exchange details at the scene, you must report the accident to the police as soon as possible, and within 24 hours. If someone is injured, you must also show your insurance certificate.
Not stopping or not reporting an accident when required is a serious offence.
Important: urgent situations
If you've been arrested or asked to attend a police interview, you have the right to free legal advice from a solicitor at the police station. Use it.
If you've been charged with a serious motoring offence, such as drink or drug driving, dangerous driving, or causing death or serious injury by driving, or you've received a court summons, get advice from a solicitor promptly. Don't rely on LegalBuddha for court deadlines or police station advice.
Frequently asked questions
What happens if I get 12 penalty points?
If you build up 12 or more points within three years, you'll usually be banned from driving for at least six months, unless the court accepts that a ban would cause exceptional hardship.
Do I have to tell the police who was driving my car?
Yes. If you're the registered keeper and you're asked who was driving, you're legally required to tell them. Failing to do so is an offence in itself.
Can I lose my licence as a new driver?
Yes. If you get six or more penalty points within two years of passing your test, your licence will usually be revoked, and you'll need to retake your tests.
Is a private parking ticket a fine?
No. A private Parking Charge Notice is a claim for breaking the car park's terms, not a fine. You can usually appeal, but you shouldn't ignore it.
Should I pay a council parking ticket or appeal it?
It depends on whether you have grounds to challenge it. Paying usually ends your right to appeal, but challenging it may mean you lose any discount for paying early. Check the deadlines on the notice.
Can LegalBuddha help me with a parking appeal?
Yes. Once you've unlocked an answer, you can ask about document preparation assistance, which includes practical help preparing appeal letters based on the information you provide.