Home > Speeding Tickets > Appealing Against a Speed Camera Ticket

Appealing Against a Speed Camera Ticket

By: Garry Crystal - Updated: 16 May 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 limit signs. Mistakes such as speed limit signs being obscured or not placed 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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Hi. Posted back the notice of intention to prosecute How long will it take for them to let me know the points/court summons ? Doing 48 mph in a 30. Thanks
Worried sick - 16-May-18 @ 5:59 PM
@Rich_mo. The police can only do so much. Where I live the post is now "saved up" By Royal Mail as they can't be bothered delivering it daily. It's only delivered maybe 2 or 3 times per week maximum and then 9 or 10 letters will all arrive... This means important letters (from HMRC, DVLAetc) have arrived late and things like a seven day response request is thus reduced to two!
Late Again - 9-May-18 @ 12:28 PM
Rich_mo - Your Question:
Just recieved an NIP, offence was on 22/04/2108, letter is dated 03/05/2018, recieved today 08/05/2018. However, there is no postmark on the envelope, so I can't prove when it was posted! My question is should I appeal? Am I right to think the NIP needs to arrive within 14 days of the offence? Today is the 16th day, but post arrived 5 days after posting.All thoughts and feedback appreciated.

Our Response:
Becuase the letter is dated 11 days after the offence it's unlikely that an appeal would be successful as this would usually be plenty of time for a letter to arrive before the 14 day limit - we're assuming it was sent first class.
NoPenaltyPoints - 9-May-18 @ 12:25 PM
Just recieved an NIP, offence was on 22/04/2108, letter is dated 03/05/2018, recieved today 08/05/2018. However, there is no postmark on the envelope, so I can't prove when it was posted! My question is should I appeal?Am I right to think the NIP needs to arrive within 14 days of the offence?Today is the 16th day, but post arrived 5 days after posting.. All thoughts and feedback appreciated..
Rich_mo - 8-May-18 @ 1:45 PM
Worried sick - Your Question:
Hi been caught by mobile camera doing 48 in a 30. Only had licence 15 months. Know I’ll be in middle bracket so fine and three to six points. If it’s full six my licence is revoked. What likelihood of getting four or five ad is it worth sending apology letter back with the notice of intention to prosecute?

Our Response:
The level at which a case goes to court is usually 50mph, so if you're lucky, you might avoid a court summons (although not necessarily as these limits are just "guides"). If you avoid court, the likely punishment is a fixed penalty of 3 points plus £100 fine. If it does go to court, the guidelines are that 4 to 6 points plus a band B fine will in order - a band B fine is usually around 100% of your net weekly income. Sometimes a 7 to 28 day ban will be recommended and of course if you are given 6 points,your licence will be revoked under the New Drivers Act. A letter of apology will not make any difference.
NoPenaltyPoints - 8-May-18 @ 11:32 AM
Hi been caught by mobile camera doing 48 in a 30. Only had licence 15 months.Know I’ll be in middle bracket so fine and three to six points. If it’s full six my licence is revoked. What likelihood of getting four or five ad is it worth sending apology letter back with the notice of intention to prosecute?
Worried sick - 5-May-18 @ 7:28 PM
I was caught three years ago on the smart motorway between m61 and m62, doing 60 mph in a 50mph. It was 10pm at night, no traffic on the road, no workers, no construction vans, no road re-surfacing, not one other person visible on the road. I got a fine of £100 no points did a speed awareness course so no points, however i've read up recently about people being caught on the motorways at the moment and wanted to check.
KatieP - 1-May-18 @ 3:07 PM
Herts32 - Your Question:
I received a Fixed Penalty notice for a Variable Speed Limit on the M25. I was travelling at 23:40 and the sign over the gantry was 50. The road was clear and I didn't notice it until I was almost there. I was doing 70 which is the normal speed limit for this stretch of road. This was on the M25 Anticlockwise near Epping. I really don't want points on my licence and I am so frustrated because I do stick rigidly to the speed limit but didn't notice until too late. If I request a Court Hearing am I luckily to get an even higher fine?

Our Response:
Yes unfortunately for you, a higher fine might be a possibility if it goes to court. If you think that there is insufficient time before the sign is visible - and it's impractical or dangerous to slow sufficiently, you may have a case. If you think you do, then contact a motoring lawyer for help.
NoPenaltyPoints - 1-May-18 @ 11:14 AM
I’ve just been flashed on the M5 going north in a smart motorway area.I believe I was doing 60 in a 50.The reason for the restriction was debris in the road. However m, the debris was at least five miles behind me as I’d sat behind the Highways Agency patrol vehicle that cleared the dead animal from the road. I just don’t understand why there were restrictions so much further beyond.While concentrating on the road for potential other debris, my speed crept up. With so much to concentrate on it’s inevitable that we can’t do everything and that minor indescretions will ultimately happen that cameras don’t take into account and with 27000 business miles last year it’s again inevitable I’m going to fall foul of the cameras. Totally gutted.
PRW6939 - 30-Apr-18 @ 6:17 PM
I received a Fixed Penalty notice for a Variable Speed Limit on the M25.I was travelling at 23:40 and the sign over the gantry was 50.The road was clear and I didn't notice it until I was almost there. I was doing 70 which is the normal speed limit for this stretch of road.This was on the M25 Anticlockwise near Epping.I really don't want points on my licence and I am so frustrated because I do stick rigidly to the speed limit but didn't notice until too late.If I request a Court Hearing am I luckily to get an even higher fine?
Herts32 - 30-Apr-18 @ 9:39 AM
Marky - Your Question:
Re my previous comment: I've not received anything from the police (yet) and am hoping I don't, but I was just wondering about how the cameras speed setting and the signs setting are related. You say there is a period of about a minute after the limit is reduced before they enforce the new lower limit. Could it work the other way, that they don't enforce the new limit (but do enforce the old limit!) when the limit is increased?

Our Response:
We don't know if it works in reverse - it would be a bit odd if it did though.
NoPenaltyPoints - 11-Apr-18 @ 2:26 PM
Marky - Your Question:
Recently I was driving on the M25. It was about 7.30pm, with moderate amount of traffic, but the weather was bad with rain. The variable speed signs had been showing 40, and I was doing 40 (I try not to speed, and have never had a ticket in 30+ years). As I came near a gantry, the signs on it changed to 60, so I speeded up. I was doing about 53 as I came to the lines on the road beyond the gantry (still accelerating, but defintely less than 60), and was shocked that the camera flashed behind me. There was another car in lane 4, so maybe it was him, but I didn't think he was going much faster than me. Have you heard of this? Could it be that the camera speed setting was still at 40 for a short time after the sign changed?

Our Response:
The new speed limit sign will not have applied until after the gantry on which the new speed sign was displayed. If you increased speed before the sign, it is therefore possible that you may have been caught speeding. If it was after the gantry - it should not have captured you speeding.
NoPenaltyPoints - 11-Apr-18 @ 2:25 PM
Is it normal procedure to receive a 'Notice of Intended Prosecution' letter without supplying evidence of the offense? I'm also not sure if this was a flash or average speed check camera. Any help on this to find out would be really handy - Thanks!
Simon - 11-Apr-18 @ 10:14 AM
Re my previous comment: I've not received anything from the police (yet) and am hoping I don't, but I was just wondering about how the cameras speed setting and the signs setting are related. You say there is a period of about a minute after the limit is reduced before they enforce the new lower limit. Could it work the other way, that they don't enforce the new limit (but do enforce the old limit!) when the limit is increased?
Marky - 10-Apr-18 @ 11:12 PM
Recently I was driving on the M25. It was about 7.30pm, with moderate amount of traffic, but the weather was bad with rain. The variable speed signs had been showing 40, and I was doing 40 (I try not to speed, and have never had a ticket in 30+ years).As I came near a gantry, the signs on it changed to 60, so I speeded up. I was doing about 53 as I came to the lines on the road beyond the gantry (still accelerating, but defintely less than 60), and was shocked that the camera flashed behind me. There was another car in lane 4, so maybe it was him, but I didn't think he was going much faster than me. Have you heard of this? Could it be that the camera speed setting was still at 40 for a short time after the sign changed?
Marky - 10-Apr-18 @ 11:06 PM
FourRings - Your Question:
I was photographed doing 69 on a temp 50 mph limit stretch at M25 4310B anti-c near Clackets services due to nighttime roadworks/lane closures ahead. I don't dispute the speed. My wife and I don't recall seeing a 50mph limit displayed before this gantry. When I saw this 50mph I was just before it (at 70mph) and rather than break hard I began to reduce speed as I went under the gantry. It was at that point I was photographed. I have contacted Highways Agency to request the speed limits displayed on the gantries between M25/23 and this junction.Might I have grounds for a successful defence on the assumption that gantries before this one were not displaying 50mph? My argument would be that there wasn't sufficient notification of the reduced speed limit as the camera was positioned on the same gantry as the speed limit.Or is the Police application strict in that drivers must have reduced speed before the limit sign with no allowance for a slowing down zone?Any similar experiences or advice welcome.

Our Response:
You may need to seek professional help with this (from a motoring lawyer etc). In theory the variable camera signs are designed so that you can see them sufficiently far enough ahead to slow down to the speed limit in time. If they change as you're approaching/passing them, there is supposedly a grace period to allow for it. This seems to differ depending on the information sources. Chris Barnes of Highways England stated the following (in 2015):
"I can confirm that following a change in the speed displayed by signal(s) there is a 60 second ‘grace period’ before HADECS3 cameras start enforcement, giving time for drivers to adapt to the new mandatory speed limit. This is to prevent cars from braking sharply."
NoPenaltyPoints - 10-Apr-18 @ 12:12 PM
scoop - Your Question:
Caught doing 92 on the M5 smart motorway (70mph) by automatic camera device.I thought these were only activated when the variable speed limit is shown to be less than 70mph?

Our Response:
No it seems there is nothing to prevent the use of these cameras to perform as ordinary speed cameras as well as variable speed cameras.
NoPenaltyPoints - 10-Apr-18 @ 10:59 AM
I was photographed doing 69 on a temp 50 mph limit stretch at M25 4310B anti-c near Clackets services due to nighttime roadworks/lane closures ahead. I don't dispute the speed. My wife and I don't recall seeing a 50mph limit displayed before this gantry. When I saw this 50mph I was just before it (at 70mph) and rather than break hard I began to reduce speed as I went under the gantry. It was at that point I was photographed. I have contacted Highways Agency to request the speed limits displayed on the gantries between M25/23 and this junction. Might I have grounds for a successful defence on the assumption that gantries before this one were not displaying 50mph? My argument would be that there wasn't sufficient notification of the reduced speed limit as the camera was positioned on the same gantry as the speed limit. Or is the Police application strict in that drivers must have reduced speed before the limit sign with no allowance for a slowing down zone? Any similar experiences or advice welcome.
FourRings - 9-Apr-18 @ 1:53 PM
Caught doing 92 on the M5 smart motorway (70mph) by automatic camera device. I thought these were only activated when the variable speed limit is shown to be less than 70mph?
scoop - 9-Apr-18 @ 9:29 AM
Iv just recievednotice for for speeding camera i was doing 36 in a 30 dose any one no what will happen or tell me what to do
Tezz - 31-Mar-18 @ 8:52 PM
Hi, I had a NIP and i took the Speed awareness course and got cleared less than I year ago. I received another NIP today, the speed offense is 37mph on 30mph road. Would I be given the option to take the course again or not? If not what’s the chance of success if I appeal it? Reason for appealing is I overtook a cyclist and just in front the road is narrow I had to speed up to get through to avoid collusion with the cyclist. Then slowed down to normal speed when it was safe, unfortunately I got caught by the speed camera. Is it a good reason to appeal ? Thanks
Dorsey - 27-Mar-18 @ 10:07 PM
Do mobile speed cameras have to be positioned in the area with speed camera signs.
Parrott87 - 26-Mar-18 @ 11:59 AM
Adz - Your Question:
Hi, I was driving on the m25 heading towards the M4 Junction. The over head signs said 60mph, queues ahead and the next said 40mph with a HADEC 3 attached. It flashed. There was clearly no queues ahead and I believed the signs were left on "accidentally" from previous. It was 1am. Is this something I can appeal? Thanks Adz

Our Response:
No you can't appeal a speed limit because you don't agree with it because you think it was left on accidentally.
NoPenaltyPoints - 26-Mar-18 @ 10:14 AM
Hi, i was driving on the m25 heading towardsthe M4 Junction. The over head signs said 60mph, queues ahead and the next said 40mph with a HADEC 3 attached. It flashed. There was clearly no queues ahead and I believed the signs were left on "accidentally" from previous. It was 1am.Is this something I can appeal? Thanks Adz
Adz - 23-Mar-18 @ 2:22 AM
I received a NIP having been indentified driving at 60mph on M25 when variable camera was showing 40mph - why haven’t I been offered a speed awareness course....?
Rosey - 22-Mar-18 @ 2:58 PM
Is it worth appealing a variable speed limit fine on the M25 motorway. I had been driving at 55mph for around 8 miles at 11pm at night and no reason was identified - nobroad works no RTC, good weather and no traffic. There was no reason for the reduced speed on the motorway. I did accelerate and if caught me at 62mph. Any ideas
Kevin - 14-Mar-18 @ 11:40 AM
Received a NIP from an average speed camera, 67mph in a 50 just prior to midnight time wise. I’m annoyed that I was being extremely cautious regarding speed there and back as I am aware of the road and that it has average speed cameras throughout the journey. But my issue is that where it has the Police Chief Constable’s name and signature authorising, he has since long resigned. Does that not make the NIP therefore invalid?
SD - 13-Mar-18 @ 8:35 PM
I have received 2 speeding fines for the same date at the exact same time. Both at 16:07 on 2 separate roads. I was doing 36 in a 30 zone on both occasions and the roads lead into one another. The cameras must have been around 400m apart? Can this be classed as one offence?
Taylor - 7-Mar-18 @ 1:24 PM
miniminx73 - Your Question:
In the space of two weeks I have been sent 2 NIP for doing 48 in a variable temporary dual carriages way A1 Peterborough to London. I’m a very careful driver and believe this is a false reading. how can I go about appealing this further ? I’m racking upPoints when im doing 40 or 42 at most. help!

Our Response:
If you want to appeal you have to be prepared to attend court. If you're sure your speed is no more than 42 mph, it might be worth seeking professional legal help. (Get your speedometer checked first, although it is very rare for speedometers to read "under")
NoPenaltyPoints - 28-Feb-18 @ 12:57 PM
In the space of two weeks I have been sent 2 NIP for doing 48 in a variable temporary dual carriages way A1 Peterborough to London... I’m a very careful driver and believe this is a false reading... how can I go about appealing this further ? I’m racking up Points when im doing 40 or 42 at most.. help!
miniminx73 - 27-Feb-18 @ 10:06 AM
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