Graduated Fixed Penalty Notice - Deposits
Financial penalty deposit notices allow the DVSA to deal effectively with vehicle-related offences committed by those who do not have a verifiable address in the UK. This does not apply to the vast majority of UK residents who generally have a fixed address.
If a deposit has been paid for a fixed penalty or conditional offer, and, providing that during the following 28 days, a request for the matter to go to trial has not been made, the deposit will be credited as payment of the fixed penalty.
If a deposit has been paid and the matter goes to court, the deposit will be:
- ‘held over’ until the end of the trial
- put towards any fine imposed
- refunded if necessary
DVSA examiners have the power to stop a vehicle from being driven if a person asked to pay a financial penalty does not do so immediately.
Fixed Penalty Deposit Requirement Notice
Where it is appropriate to offer a fixed penalty or conditional offer, but a valid UK address cannot be provided, a fixed penalty deposit requirement notice will be issued.
It is a requirement to pay the deposit immediately. The deposit amount is equal to the total amount of the fixed penalties/conditional offers issued.
If the deposit is not paid immediately, the examiner will prevent the vehicle from being driven.
The prohibition will be removed when either:
- the total deposit shown on the notices is paid in full
- the fixed penalty/conditional offer is accepted and paid in full
- the driver is convicted or acquitted by the court
- the driver is told that no offences shown on the notice are being investigated further
- the prosecution period has ended i.e. 6 months for summary only offences, and no further action is being taken
The driver may also be issued with a direction notice, which means the vehicle must be moved to a designated place.
DVSA examiners also have the power to immobilise the vehicle until the financial penalty deposit is paid.
When no payment is made, the examiner may either:
- remove the vehicle
- direct it to be removed
- arrange for it to be moved to secure storage until full payment is made for the:
- penalty notice amount
- the costs of releasing the immobilisation device
- the costs for removal and storage of the vehicle
If after 3 months no attempt has been made to remove the prohibitions that led to the confiscation of the vehicle, the vehicle may be sold and the money used to pay any charges.
Court Financial Penalty Deposit Requirement Notice
If the offences committed are considered too severe, or too numerous for the offer of a fixed penalty:
- A notice of intended prosecution will be issued
- The amount of the financial penalty deposit will be advised on the court financial penalty deposit requirement notice
The level of the financial deposit reflects the number of offences under consideration - see below
Number of offences |
Amount to be paid |
1 |
£500 |
2 |
£1,000 |
3 or more |
£1,500 |
The amount to be paid is calculated on the number of offences and not their severity, unlike financial penalty deposits issued for a fixed penalty or conditional offer.
There is an upper limit of £1500 for any single occasion but no limit to the number of offences that can be shown on the notice.
If the court finds a driver guilty, the money will be:
- used to pay any fine
- put towards the payment of any fine imposed
The money will be refunded with interest if:
- the court finds the driver not guilty
- the court finds the driver guilty but no fine is imposed
- any fine is lower than the deposit amount paid
If the deposit is not paid immediately, the court financial deposit notice will contain a prohibition on driving the vehicle on a road. The prohibition will no longer apply when:
- the total amount of deposit shown on the notice is paid in full
- the driver is convicted or acquitted by the court
- the driver is advised that they are not going to be prosecuted for the offences shown on the notice
- the prosecution period has ended i.e. 6 months for summary only offences, and no prosecution has been brought
A driver may also be issued with a direction notice, which means the vehicle must be moved to a designated place.
DVSA examiners also have the power to immobilise the vehicle until the deposit is paid. If no payment is received, they may have the vehicle removed to secure storage until payment is received for the:
- notice amount
- costs of releasing the immobilisation device and of removal and storage of the vehicle
After a court financial penalty deposit requirement notice is issued, a prosecution case will be compiled by DVSA. The court summons will be sent:
- by first class post to the drivers' home address, as given to the examiner.
- written in the preferred language
The DVSA will only issue a notice if the vehicle is stopped in England and Wales. No action in this respect will be taken in Scotland.