Can You Pay a Speeding Ticket Late?
There are several stages to the process of receiving a speeding ticket, pleading guilty and paying the relevant fine.
When you are caught speeding by a speed camera, you will usually receive a Notice of Intended Prosecution (‘NIP’) and a Section 172 notice in the post. This should arrive at your home within 14 days of the alleged offence, or the home of the registered keeper of the vehicle if it is not yours. The Section 172 notice will ask you for details of who was driving at the time. There is a legal obligation and a strict deadline to complete and return this notice and there is a separate penalty if you do not.
If you nominate another driver, that person will then receive Section 172 Notice, and thereafter a Fixed Penalty Notice (‘FPN’) with penalty points and a fine or further documents depending on the speed and their driving history.
Should you or another driver receive a FPN there is a strict deadline in which you must respond.
Unlike with parking tickets, where a late payment is often possible but may lead to a higher fine, the consequences for paying a speeding ticket late may be much more severe, and deadlines are generally strict. Still, many drivers wonder whether they can pay the fine late or what the consequences will be if they don’t respond in time.
Unfortunately, unless you are subject to delays outside your control, you can face serious legal penalties for failing to respond to an NIP or Section 172 notice, or to pay a speeding fine on time. Waiting until you next payday, or receiving the FPN whilst on holiday do not suffice.
Here, the expert motoring offence solicitors at JMW detail all of the relevant deadlines and outline what may happen if you fail to pay on time or otherwise follow the correct procedure.
What Are the Deadlines for a Speeding Fine?
Notice of Intended Prosecution (‘NIP’) and S172 Notice
If you receive a Notice of Intended Prosecution with a Section 172 notice, you must confirm who was driving at the time of the alleged offence. You must complete and return this form within 28 days of the date you received it.
Failure to respond to the Section 172 notice is itself an offence known as ‘failure to provide information’. This can lead to six penalty points and a fine of up to £1,000. Evidently, this is a more severe penalty than 3 penalty points and a £100 fine which often accompanies a FPN. Further, you may be ‘dual-charged’ meaning you are charged with both the original speeding offence and a failure to provide information offence.
Speed Awareness Course
First time offenders may be offered the opportunity to attend a speed awareness course, which can be taken instead of paying the fine and accepting points on your licence. This is done at the discretion of your local police station and will depend on how far above the speed limit you were driving at when the speeding offence took place. It will also depend on whether you have completed a speed awareness course within the previous 3 years.
While you still need to pay for the course, many drivers choose this option to avoid racking up points. If you receive 12 or more penalty points on your licence within a four-year period, this can result in a totting up disqualification.
Drivers who decide to take the offer of the speed awareness course will usually need to book a slot on a course within 28 days of receiving the offer. This is determined by the prosecuting authorities, so it may be subject to change, but the paperwork you receive containing your offer will clarify any relevant deadlines. Similarly, you will need to choose a date on which to complete the course before a specified deadline, which will usually be within five to six months of the original speeding offence. If you fail to book or complete the course by the deadline, the offer is withdrawn. You will then be required to accept the penalty points and fine, or face court proceedings if you do nothing.
Fixed Penalty Notice (‘FPN’)
If you are sent a Fixed Penalty Notice without the offer of a speed awareness course, or you decide not to accept the course, you will have 28 days to make a decision about the FPN. You can either accept liability for exceeding the speed limit, take the penalty points and pay the fine, or dispute the speeding ticket in court.
When you accept the penalty you must pay the fine straight away - as such, the deadline for the payment is 28 days after you receive an FPN.
Missing any of the time limits listed above can lead to further penalties or prosecution, so it is vital to remain aware of timings when deciding how to respond.
What Happens if You Miss the Deadline?
If you do not respond within the 28-day period after the Fixed Penalty Notice has been issued, the opportunity to pay the fine and deal with the offence out of court may be withdrawn, and the matter can be escalated to the Magistrates' Court automatically. Increased penalties - ranging from a slightly larger fine to a driving disqualification - may be considered by the court if you are found guilty in these cases. In almost all cases, the penalty is more serious than the original Fixed Penalty Notice.
If you have only just missed the deadline and have not yet received a Single Justice Procedure Notice (‘SJPN’), you can try to contact the issuing authority (the Central Ticket Office, Fixed Penalty Office or police force that issued the FPN). In some cases, they may agree to accept a late payment, particularly if you have a good reason for the delay, or can prove that it was not your fault.
Mitigating circumstances that the police may accept for delayed payment of speeding fines include postal strikes or other delays in the postal service that meant that you did not receive the notice on time, or until shortly before the deadline expired. Similarly, if you were away due to illness or bereavement and therefore did not receive the notice, this may be accepted as a legitimate reason for a late payment. It is worth contacting them straight away, as acting promptly demonstrates that you are not ignoring the notice and may persuade the police to exercise discretion.
If the FPN was sent to the wrong address, this could be a legitimate reason for a delay that might cause the prosecution to withdraw its case. On the other hand, if this happened because you failed to update your contact details with the DVLA, this will not be a legitimate excuse.
There is no guarantee that your local Fixed Penalty Office or police service will accept a late payment. If you responded to a Notice of Intended Prosecution, they may argue that you should have expected an FPN to arrive shortly thereafter, and may not accept the excuse that you were away from home when it was posted.
What if the Matter Has Already Been Referred to Court?
If your case has already progressed to court, you will not be able to pay the original Fixed Penalty Notice. You will receive an SJPN and must enter a plea of 'guilty' or 'not guilty' by the date stated on the notice. It is strongly advised that you seek the advice of a solicitor at this stage. If you plead guilty, you can mention mitigating circumstances that explain why you did not respond to the FPN in time, which might serve as a partial defence. If you enter a guilty plea, depending on the speed, the matter may be dealt with out of Court albeit with the increased penalty. If you enter a not guilty plea, you will receive a Court Summons.
The Magistrates' Court has discretion to consider any explanation and may impose a lower fine if you show you tried to deal with the matter responsibly once you became aware of the issue. It is vital to work with an experienced motoring defence solicitor in such cases, as they can help you to build a strong case with the necessary defence, and present your mitigation in the strongest possible terms.
Record of Correspondence
Keep a record of any correspondence relating to your late payment and, if you call, ask for the name of the person you speak to and for a written confirmation of their decision.
Additionally, keep an eye out for any court papers arriving, as the penalties will only get more serious for failing to respond to a summons. Failing to act after you are caught speeding increases the likelihood of harsher penalties, additional court costs and the possibility of a court conviction. Even if you have a genuine reason for the delay, ignoring correspondence can make it harder to resolve. Contact a solicitor at your earliest opportunity for support, especially if you are worried about being charged with more serious offences as a result of a late payment.
Find Out More
The motoring solicitors at JMW have a wealth of experience in representing those accused of road traffic offences and, by involving us early, you can get support with meeting the relevant deadlines and preventing overly harsh penalties for non-compliance with deadlines. While it is sometimes possible to pay a speeding ticket late, you should not assume you can do this as a matter of course, as the authorities are not obliged to accept payment after the 28-day deadline has passed. Our team can advise you on your options if you find yourself in this position, and defend your actions in court if necessary.
Call us today on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.
