Home > Speeding Tickets > Appealing Against a Speed Camera Ticket

Appealing Against a Speed Camera Ticket

By: Garry Crystal - Updated: 4 Jan 2018 | comments*Discuss
 
Speed Camera Speeding Fines Registered

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 £100 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 up to one and half times your weekly salary if you are caught travelling at 51mph or above in a 30mph area or travelling at over 101mph on a motorway (although maximum fines of £1000 and £2500 respectively are still in place)

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
  • OUR ADVICE: Always get a receipt of posting when you return your completed forms and keep a photocopy of the form if you can
  • 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.

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[Add a Comment]
AA - Your Question:
Hi, My mum borrowed my car yesterday while on visit here in the uk and apprently she had had a camera flash when coming off the motorway and entering into 50 mph zone. She had been rushing to overtake a car in front due to lanes merging into one and limited space not allowing her to position behind the car and I understand she had only realised she is into the camera zone when it had flashed. She doesn't live in the uk and only visiting. Can we still appeal against the ticket or am ultimately responsibly as the registered keeper of the car? And what prove can I show of her borrowing the car ?

Our Response:
If a camera caught your vehicle speeding, the person who is the registered keeper of the vehicle will be sent a Notice of Intended Prosecution (NIP) asking for details of who was driving at the time. You should give your mother's details. It doesn't sound as though there are grounds to appeal the actual speed (rushing to overtake a car because of lanes merging is not considered reasonable grounds to speed).
NoPenaltyPoints - 5-Jan-18 @ 10:42 AM
I was caught speeding in a 30mph zone doing 36 5/9/17 I was on my way to drop the kids off to school.I paid 100 when I got the notice thinking that will be the end of the matter however I v? just received the letter from them asking me to send in my license within 24 days I am mortified they want to add 3 points it's not fair I bagged them to let me book a course I ll pay the 80 but they are having none of it help.
Sadia - 4-Jan-18 @ 10:37 PM
Dodger - Your Question:
Bristol m32 been sent speeding ticket traveling 61mph on a dual carriageway which normally 70mph I believe, aparetly it was average speed check the cameras had been switched off for a short time after catching over 10,000 drivers in less than 2 weeks, I believed I was traveling within the speed limit,, where do I stand on this as defence, help wud b appreciated

Our Response:
Was the speed limit changed for some reason? Dual carriageways without street lighting (i.e not a 30mph zone) have a 70 mph limit unless there are signs stating otherwise. If thespeed limit was 70mph and you were caught at 61mph, you weren't speeding. Even if the limit was 60mph - it's unlikely action would be taken.
NoPenaltyPoints - 3-Jan-18 @ 11:41 AM
Hi, My mum borrowed my car yesterday while on visit here in the uk and apprently she had had a camera flash when coming off the motorway and entering into 50 mph zone. She had been rushing to overtake a car in front due to lanes merginginto one and limited space not allowing her to position behind the car and I understand she had only realised she is into the camera zone when it had flashed. She doesn't live in the uk and only visiting . Can we still appeal against the ticket or am ultimately responsibly as the registered keeper of the car? And what prove can I show of her borrowing the car ?
AA - 2-Jan-18 @ 7:00 PM
Bristol m32 been sent speeding ticket traveling 61mph on a dual carriageway which normally 70mph I believe,aparetly it was average speed check the cameras had been switched off for a short time after catching over 10,000 drivers in less than 2 weeks, I believed I was traveling within the speed limit,,where do I stand on this as defence, help wud b appreciated
Dodger - 30-Dec-17 @ 10:49 AM
Please help me find a soliciter
knob head - 14-Dec-17 @ 6:05 PM
Mick - Your Question:
Hi got flashedin Giffnock, Glasgow doing maybe 44 but there are no speed limit signs and I was just keeping up with traffic anyway around this?

Our Response:
If there are no signs, you can usually assume if it's an urban road with street lighting that it's a 30mph zone. If it's single carriageway with no streetlights and no other speed limit signs, it's usually a 60mph limit. A dual carriageway is 70mph unless there are other signs in place.
NoPenaltyPoints - 13-Dec-17 @ 2:41 PM
Hi got flashedin Giffnock, Glasgow doing maybe 44 but there are no speed limit signs and I was just keeping up with traffic anyway around this?
Mick - 11-Dec-17 @ 4:25 PM
Twobob- Your Question:
Hi! I received a NIP for a red light infringement in Essex on A127 Leigh on sea.I’m a taxi driver, I had 6 passengers on board and there is no way on this earth I did that!!! Another colleague of mine was right behind me with the rest of the people from the group I was taking to Southend airport and definitely I didn’t do it! I can recall at a point stopping at a traffic light just a couple of yards further than the line but still safe! What do I need to do to challenge it? There is no way I will admit it!

Our Response:
Unfortunately if you pass the line, you're deemed to have run the light. You might have to seek a the opinion of a professional (motoring lawyer) on this if you want to appeal it.
NoPenaltyPoints - 1-Dec-17 @ 11:00 AM
I have been given a speeding ticket for doing 47 in a 40 through the avergae speed cameras on the M6 jct 27. They have sent no photo evidence and do not have proof these have been calibrated. (They have to be checked once a day by the traffic management company). Anyone appealed or requested the above on tempory average speed cameras?If so what was the outcome? TIA
Nick - 29-Nov-17 @ 6:46 PM
Hi! I received a NIP for a red light infringement in Essex on A127 Leigh on sea. I’m a taxi driver, I had 6 passengers on board and there is no way on this earth I did that!!! Another colleague of mine was right behind me with the rest of the people from the group I was taking to Southend airport and definitely I didn’t do it! I can recall at a point stopping at a traffic light just a couple of yards further than the line but still safe! What do I need to do to challenge it? There is no way I will admit it!
Twobob - 29-Nov-17 @ 5:15 PM
Osman - Your Question:
Been sent a NIP caught at 37mph in 30. The photograph only shows my car and numberplate, not a picture of my face. What can I do?

Our Response:
Is it likely to be someone else? If someone else drives your car with your permission and you know you weren't driving at that time, you should give their name and address. If you know it was you driving but the photo is unclear, it's likely to be a waste of time trying to appeal on this basis.
NoPenaltyPoints - 27-Nov-17 @ 3:31 PM
Been sent a NIP caught at 37mph in 30. The photograph only shows my car and numberplate, not a picture of my face. What can I do?
Osman - 24-Nov-17 @ 12:27 PM
When I log into the police website I see that the site evidence photo of the camera shows the camera with a 40mph sign next to it. Apparently all road signs were changed to 30mph but they have not got round to changing the site photo of the camera on their website. Is this valid ground for appeal? I was doing 39mph
H - 22-Nov-17 @ 7:07 PM
Hi. I've been driving a hired car in night uphill, on top of the hill is traffic lights, which where green at the time, and as soon as I've past lights there is 30 speeding cameras in 20 meter. I have not felt that hill have finished and have got flashed at 35mph. Is there possible dispute as car I have used was hired- I could not feel very well as my own one and there not a lot you can feel in fast changing road. I was thinking that I'm still going uphill.Thanks
Rima - 20-Nov-17 @ 9:48 PM
25 min ago I was flashed in 30 mph zone. I was driving with 26 mph and from the another way was driving a car witch I think was over 40mph. Behind me were 6 , 7 cars. I know that the penalty will come on my name . What can I do to prove that wasn’t me the driver who speed. I know the area very very well. I am driving more then 4 times in day on this road .
Liviu - 15-Nov-17 @ 7:01 AM
Hi. Just been sent a NIP for speeding on the M32 64mph in a 40zone. I have no recollection of being flashed or even seeing cameras. My wife is Eagle eyed for cameras etc and she has no recollection either. This was also the first time I had used this motorway. I've googled the M32 and it seems that this is a notorious speed trap catching literally thousands of motorists. My question is if these speed cameras have the correct amount of warning signage up why so many tickets issued and do you think a ban is possible. Cheers worried from Ashford
Bad dad - 12-Nov-17 @ 11:00 AM
Billy - Your Question:
I have been accused by a customer ( I work in a car dealership) of getting a speeding ticket whilst dropping them off in town and testing their vehicle for an issue. The photographic evidence does not show clearly who was driving their vehicle. I do not even remember driving this vehicle. Am I still liable??

Our Response:
Does your dealership have records of time your car was booked in and out? The times on the speeding ticket are usually pretty accurate so this should be easy to trace.
NoPenaltyPoints - 10-Nov-17 @ 12:33 PM
I have been accused by a customer ( I work in a car dealership) of getting a speeding ticket whilst dropping them off in town and testing their vehicle for an issue. The photographic evidence does not show clearly who was driving their vehicle. I do not even remember driving this vehicle. Am I still liable??
Billy - 8-Nov-17 @ 11:03 AM
Simple Sailor - Your Question:
I was photo'ed as doing 36 in a 30 zone during the rush hour amongst other traffic and there is clearly the side of a following car in the image that was sent to me. I queried with Dorset police that according to APCO guide section 16 the presence of another vehicle meant the image MUST be ignored - and have in writing a response that says they were using a laser and the above statement only applies to radar speed camera photo's. I have searched everywhere and do not see that written down - so are they trying it on - it is clear the whole exercise was for revenue collection for a broke police force - if so is the defence that it is in contradiction with the APCO guide going to win??

Our Response:
No, different kinds of cameras can depict cars in different lanes etc.
NoPenaltyPoints - 6-Nov-17 @ 2:01 PM
Shak - Your Question:
I appealed my speeding fine and was subjected to 4 penalty points and a fine. This was a SP30, I was recorded by an average speed camera clocking 43mph. The offence took place on 9th April 2017 however new speeding rules came in on 29th April 2017 but I was given a penalty with regards to the new ruling. When I questioned the court they asked me to appeal. I already appealed with mitigation for no points and lost and got fined with costs so don't want to go down that route but legally do I have a case?

Our Response:
We haven't got enough information about your circumstances to give legal advice, you should talk to a motoring lawyer.
NoPenaltyPoints - 6-Nov-17 @ 10:33 AM
I was photo'ed as doing 36 in a 30 zone during the rush hour amongst other traffic and there is clearly the side of a following car in the image that was sent to me. I queried with Dorset police that according to APCO guide section 16 the presence of another vehicle meant the image MUST be ignored - and have in writing a response that says they were using a laser and the above statement only applies to radar speed camera photo's. I have searched everywhere and do not see that written down - so are they trying it on - it is clear the whole exercise was for revenue collection for a broke police force - if so is the defence that it is in contradiction with the APCO guide going to win??
Simple Sailor - 5-Nov-17 @ 10:15 AM
I appealed my speeding fine and was subjected to 4 penalty points and a fine. This was a SP30, I was recorded by an average speed camera clocking 43mph. The offence took place on 9th April 2017 however new speeding rules came in on 29th April 2017 but I was given a penalty with regards to the new ruling. When I questioned the court they asked me to appeal. I already appealed with mitigation for no points and lost and got fined with costs so don't want to go down that route but legally do I have a case?
Shak - 3-Nov-17 @ 5:58 PM
Taffy - Your Question:
Hi advice please! I was just in Middlesbrough and there was a collision being dealt with by police in the middle of a complex traffic light system. The Lane I was in wasn't blocked to go left traffic lights were working and it was on red when I approached it, I was behind another car who was beckoned to go through the red light, she also beckoned me too so I did but when I was driving up the road I saw a different policeman taking a photo of what seemed to look to me at my car! So now I'm worried sick I'm going to get a fine and points on my license! I'm worrying that maybe I misjudged her beckoning me through it!? Although she did seem to be staring at me whilst gesturing with her arms?!

Our Response:
If you assumed the officer was beckoning you through - you may be able to argue this if it's followed up. Note thatpolice hand signals form part of the highway code and should be known/understood as part of the driving test, so hopefully you didn't simply confuse them!
NoPenaltyPoints - 1-Nov-17 @ 3:39 PM
Hi advice please! I was just in Middlesbrough and there was a collision being dealt with by police in the middle of a complex traffic light system. The Lane I was in wasn't blocked to go left traffic lights were working and it was on red when I approached it, I was behind another car who was beckoned to go through the red light, she also beckoned me too so I did but when I was driving up the road I saw a different policeman taking a photo of what seemed to look to me at my car! So now I'm worried sick I'm going to get a fine and points on my license! I'm worrying that maybe I misjudged her beckoning me through it!? Although she did seem to be staring at me whilst gesturing with her arms?!
Taffy - 31-Oct-17 @ 2:47 PM
Tiger- Your Question:
I was caught by a speed camera doing 44 in 30mph zone at 2am. My dog of 16.5yrs old had starting being sick and other things and I was heading to an emergency appointment with the vet. As I got closer to vet she starting convulsing badly and uncontrolled bowel movements so I speeded up as I wasn't far away. I got flashed as I went past the camera and I knew it happened but couldnt stop. Unfortunately by time I got to the vet she was declared dead on arrival. It was dark no pedestrians or cars on the road.I've been offered a conditional £100 fine and 3 pts and have never had speeding fine in 15 years of driving. Does anyone know if this would be classed as an emergency situation as I'm shocked I didn't get offered a speed awareness option. I'm considering appealing. Does anyone have any advise about this as I only have 7 days to respond to my conditional offer?Thank you in advance

Our Response:
We can't really give individual advice on your case unfortunately, you'd be better seeking professional legal advice on this.
NoPenaltyPoints - 25-Oct-17 @ 3:38 PM
I was caught by a speed camera doing 44 in 30mph zone at 2am. My dog of 16.5yrs old had starting being sick and other things and i was heading to an emergency appointment with the vet. As I got closer to vet she starting convulsing badly and uncontrolled bowel movements so I speeded up as I wasn't far away. I got flashed as I went past the camera and I knew it happened but couldnt stop. Unfortunately by time I got to the vet she was declared dead on arrival. It was dark no pedestrians or cars on the road. I've been offered a conditional £100 fine and 3 pts and have never had speeding fine in 15 years of driving. Does anyone know if this would be classed as an emergency situation as I'm shocked I didn't get offered a speed awareness option. I'm considering appealing. Does anyone have any advise about this as I only have 7 days to respond to my conditional offer? Thank you in advance
Tiger - 24-Oct-17 @ 9:13 PM
I have had an NIP through from a mobile speed camera which recorded me doing 36mph in a 30mph zone in a country village. Nothing spectalculour about that. Except I KNOW I wasn't over 30mph. I had seen the van from the distance anyway, and I made sure I stuck to 30mph exactly. My mother was in the passenger seat (who is a nervous passenger at the best of times) - she herself saw the mobile speed camera van and pointed to me, and then immediately relaxed when she noted I was within the 30mph speed limit. Which made it a huge surprise when a NIP arrived in the post. We both thought this was particularly strange as we remembered that exact moment precisely. We had both seen the van and both checked and confirmed I was doing the correct speed. But now I have the choice of entering a guilty plea to accept I fine I believe isn't warranted or take the case to court on what seems like thin evidence. I don't know if the speed camera caught a car going the other way or there was a technical issue - but I do know I was not speeding. Is there anything I can do to put my case across or should I just accept that whatever the 'official' line is is indisputable withouthard evidence?
Barnesy - 23-Oct-17 @ 2:44 PM
Hannah - Your Question:
I have recently received a speeding notice from a van camera showing 38 in a 30. The calibration certificate is dated January 17. I cannot say whether the camera is right or wrong as I cannot remember. However the picture shows 2 vehicles in front of me. The space between us all is not huge and therefore would indicate yo me that I am going the same speeds. Is there anything I can do other than just accept it for not remembering?

Our Response:
The proximity of the other vehicles willnot make a difference to the speed your vehicle was captured at. If you want to question this you will have to have evidence that you weren't speeding and be prepared to attend court to testify to that fact.
NoPenaltyPoints - 13-Oct-17 @ 2:52 PM
I have recently received a speeding notice from a van camera showing 38 in a 30. The calibration certificate is dated January 17. I cannot say whether the camera is right or wrong as I cannot remember. However the picture shows 2 vehicles in front of me. The space between us all is not huge and therefore would indicate yo me that I am going the same speeds. Is there anything I can do other than just accept it for not remembering?
Hannah - 12-Oct-17 @ 5:53 PM
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