Appealing Against a Speed Camera Ticket

Speed cameras are one of the most popular devices used to catch speeding motorists. It is possible to appeal against a speed camera fine but losing the appeal could turn out to be costly.

Speed Cameras in the UK

Almost two million Fixed Penalty Notices are given each year to drivers who break the speed limit in the UK. Speed cameras and hand held speeding devices are two of the most common methods for the detection of speeding in the UK. The government has always claimed that Speed Cameras are a deterrent to speeding. Although many campaign groups in the UK have consistently challenged the reliability of roadside speed cameras many drivers do not appeal. Appealing against a speeding fine can leave the driver paying court costs, and can result in increased fines and penalty points.

Speeding Fines in the UK

Exceeding the speed limit in the UK can result in the driver receiving a Fixed Penalty Notice. The fixed penalty will usually mean three penalty points and a £60 fine. If court prosecution is intended then this can mean three to six penalty points and could also mean a discretionary ban. Court prosecution can also mean fines of between £100 and £1000 if the offence took place on roads other than a motorway. Fines for speeding on a motorway can be as much as £2500 if the case comes to court.

The Risk of a Driving Ban for Speeding

There is always the risk of a Driving Ban when speeding offences occur. The higher the excess speed the more chance there is of a disqualification being applied. General guidelines are that if the speed of the car is over 45% more than the speed limit a ban may indeed be imposed. Bans will usually last from between one week and 56 days but longer bans of 120 days are not uncommon. When penalty points are involved the driver will usually face a totting up ban if there are 12 or more points on a licence.

The Rules of a Notice of Intended Prosecution (NIP)

Drivers who have been caught speeding by a speed camera should be aware of the Notice of Intended Prosecution guidelines. These rules include:

• The NIP must be issued to the driver within 14 days of the offence occurring
• The NIP will be sent to the registered owner of the vehicle
• It is the registered owner’s responsibility to complete the driver information form
• If the owner states that they did not know who was driving this will not be viewed as a defence
• Owners who cannot identify the driver can face a £1000 fine and three penalty points
• Registered owners who ignore the NIP can face fines of up to £1000 and up to 6 penalty points
• The registered owner must send back the requested details within 28 days
• Drivers who are intending to appeal are still required to send back the completed NIP details.

Appealing Against a Speed Camera Fine

Drivers who are intending to Appeal Against a Speeding Fine after being caught on camera should consider this carefully. Losing an appeal can lead to increased fines, increased penalty points, and court and legal representation costs. Anyone who is appealing against a speeding fine should seek legal representation as the case will usually be heard in court. It is of course possible to win an appeal and a solicitor will be able to gauge the likely chance of this happening. There may be certain mistakes or technicalities that could lead to the driver winning the appeal.

Reasons for a Successful Appeal against a Speeding Ticket

The most common reasons to appeal against a speed camera fine will be technicalities. There are strict guidelines in place regarding the positioning of speed cameras and speed limit signs. Mistakes such as speed limit signs not on both sides of the road can lead to a successful appeal. Drivers who are intending to appeal on these grounds should collect as much evidence as possible, including photographs of the area where the offence was alleged to have committed. Emergency situations that required the driver to speed could also be used as a defence and lead to a successful appeal.

In the UK only 1% of offences such as speeding fines are ever taken to the appeal process. Yet almost 60% of appeals that do end up in court are successful. Having enough evidence is vital when appealing against a speed camera fine. Although not compulsory, legal representation is a wise option when dealing with any court prosecution involving traffic offences.