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Fixed penalty notice

In the United Kingdom, a fixed penalty notice (FPN) is a notice giving an individual the opportunity to be made immune from prosecution for an alleged criminal offence in exchange for a fee. Fixed penalty notices were introduced in Britain in the 1980s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.

In recent years, this has taken the form of using them to give police and public authorities in England, Scotland and Wales a realistic weapon against anti-social behaviour. They are designed to reduce paperwork on police and council officers by allowing low-level anti-social behaviour to be dealt with on the spot. Newer types of notice exist for disorder, environmental crime, truancy and noise. A fixed penalty notice is not a fine or criminal conviction because of the distinction that the recipient can opt for the matter to be dealt with in court instead of paying. However, if the recipient neither pays the penalty nor opts for a court hearing in the time specified, it may then be enforced by the normal methods used to enforce unpaid fines, including imprisonment in some circumstances.

Civil penalties such as penalty charge notices (PCNs) are similar legal constructs used for issuing on-the-spot fines. Unlike FPNs, civil penalties have an assumption of "guilty until proven innocent" with a burden being placed on the individual to appeal the fine. Civil penalties can be issued for property violations, tax code violations or illegal employment. The appeal processes for PCNs tend to operate through tribunals.

FPNs were originally introduced for parking and motoring offences by part III of the Transport Act 1982 (replaced by the Road Traffic Act 1988); in many areas this style of enforcement has been taken over from police by local authorities. The Criminal Justice and Police Act 2001, which came into force in 2003, introduced fixed penalty notices, sometimes referred to as on-the-spot fines, for being drunk and disorderly and making hoax emergency calls.

Other than parking, motoring offences can also be dealt with by the issue of FPNs by police, officers of the Driver and Vehicle Standards Agency or local authority personnel. A penalty notice issued by local authority parking attendants is a civil penalty backed with powers to obtain payment by civil action and is defined as a penalty charge notice (PCN), distinguishing it from other FPNs which are often backed with a power of criminal prosecution if the penalty is not paid; in the latter case the "fixed penalty" is sometimes designated as a "mitigated penalty" to indicate the avoidance of being prosecuted which it provides.

If a PCN is paid within 14 days of the 28-day period, the charge is decreased by 50%. Appealing against or contesting a PCN requires going through a formal process: if lost, the 50% period pay could be extended. To appeal a PCN normally an informal appeal is made to the body that issued the ticket, if not an appeal may be made to adjudicating bodies created according to the Traffic Management Act 2004, and finally this body's decisions can be challenged by judicial review.

If the offer of immunity from prosecution is declined by declining an FPN, a government body may choose to prosecute for the incident covered by the FPN.[citation needed]

PCNs should not be confused with parking charge notices, the latter, being issued by private landowners seeking to impose a charge for parking on private land.

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