Can I negotiate the amount of a conditional offer?

No. The fixed penalty amount is set by statute. There is no discretion to reduce it. Your options are: accept, take a course (if offered), or elect court.

Does accepting a conditional offer give me a criminal record?

No. A fixed penalty disposal is not a conviction and does not appear on a standard DBS check. The endorsement on your licence is visible to insurers but is not a criminal record.

What if I was not driving but my name came up via Section 172?

If you were not driving, you should not have identified yourself as the driver. If an error has occurred, you must notify the processing unit immediately in writing with evidence. Accepting a conditional offer as the driver when you were not driving creates a false record and may amount to a criminal offence.

Conditional Offer

By GetRighted Legal Research TeamLast updated July 2026

Summary

Cameras detect the offence; a conditional offer resolves it without a court. Under s.75A Road Traffic Offenders Act 1988, once the driver has been identified, the chief constable may issue a conditional offer of a fixed penalty. Accept within 28 days and the prosecution does not proceed; decline or ignore it and the case goes to court. A conditional offer for speeding typically means £100 and 3 penalty points, or a speed awareness course where eligible. The offer is conditional on timely payment and — for endorsable offences — surrender of your driving licence for endorsement.

How a conditional offer differs from a roadside FPN

A roadside Fixed Penalty Notice is issued by a constable at the scene. A conditional offer is a postal process used when the offence was camera-detected and the driver was not stopped. Both result in the same fixed penalty if accepted, but the conditional offer route involves the additional step of Section 172 identification. The police processing unit reviews the camera evidence, issues the NIP, identifies the driver via s.172, and then sends the conditional offer by post.

What 'conditional' means in practice

The offer is conditional on you paying within the stated period (usually 28 days), surrendering your licence for endorsement if required, and the offence not being one that the chief constable has decided to prosecute directly. If you fail any condition — miss the deadline, fail to send your licence — the offer lapses and the case proceeds to court. Once the conditions are met and the penalty paid, the prosecution is permanently barred for that offence.

Speed awareness course as an alternative

For speeds up to a threshold set by each force (often 10% + 9 mph above the limit), a speed awareness course may be offered instead of points. Completing the course avoids the 3-point endorsement and is not recorded as a conviction. However, you will typically pay the course fee (£80–£120), and some forces will not offer a course if you have attended one within the previous 3 years.

Responding to a conditional offer

✓Check whether a speed awareness course is offered — it appears as a separate option on the notice.
✓If taking the course: book within the deadline shown, pay the course fee, and confirm booking.
✓If paying the FPN: pay online or by post within 28 days and return your licence if requested.
✓If electing court: submit the election form before the 28-day deadline — you will need a clear defence.
✓Never ignore the offer — failing to respond results in a court summons and higher fine.

Grounds to challenge before accepting

Before accepting a conditional offer, check: was the NIP served within 14 days? Does the camera image clearly show your vehicle? Are the road markings and speed limit signs compliant with TSRGD? Was the speed camera properly calibrated and certified? If any of these fail, electing court and raising the defence may be more appropriate than paying.

Sources

Road Traffic Offenders Act 1988, s.75A
Road Traffic Offenders Act 1988, Part III
Road Traffic Act 1988, s.172

Frequently Asked Questions

Can I negotiate the amount of a conditional offer?: No. The fixed penalty amount is set by statute. There is no discretion to reduce it. Your options are: accept, take a course (if offered), or elect court.
Does accepting a conditional offer give me a criminal record?: No. A fixed penalty disposal is not a conviction and does not appear on a standard DBS check. The endorsement on your licence is visible to insurers but is not a criminal record.
What if I was not driving but my name came up via Section 172?: If you were not driving, you should not have identified yourself as the driver. If an error has occurred, you must notify the processing unit immediately in writing with evidence. Accepting a conditional offer as the driver when you were not driving creates a false record and may amount to a criminal offence.

NIP (Notice of Intended Prosecution)
Section 172 Notice
nip-14-day-rule
road-traffic-offenders-act-1988-s-1

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