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Appealing Against a Speed Camera Ticket

By: Garry Crystal - Updated: 12 Jul 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 my daughter received a nip for driving at 46 in a 40. M25 variable gantry. It was her driving my question is the calibration certificate was issued by a company in Australia that is in date until November this year however on closer inspection the function generator the temperature gauge and the frequency counter TRACEABILITY RECORDS OF INSTRUMENTS USED IN CERTIFICATION TEST had expired on the alleged offence date. Is this enough to make a contest at court ?
Mattyr - 12-Jul-18 @ 7:41 PM
Hi I was on the m62 at 10:30 pm when I noticed some road work signs on the overhead signs the first sign showed to slow from 70mph to 60 this went on for a mile or so with more over Head signs saying the same then I noticed it showing Red Crossed above two of the lanes and the sign showing 50mph on one lane this went on for the next three signs but on the third one I went through it seemed to flash me but I was only doing 47 mph as I had the car in cruise control but I did notice road workers laying down cones just after the flash the next sign I noticed said 40mph which I can only assume that the sign was incorrectly shown or the camera was set at 40mph ??? Would you recommend me appealing this if I get notice for this ??? Thank you
Richie - 4-Jul-18 @ 11:03 PM
Ekid - Your Question:
I believe a speed Camera flashed as I passed it last night. It’s a variable speed area on the M1 Junction 8. The speed limit displayed at around 10:40 pm was 60. It flashed as I passed it and my speedometer was reading 58mph. How can I appeal this?

Our Response:
Just make a note of the time, the speed limit displayed and your speed. If you receive an NIP and feel that the signs were not displayed correctly, it may be worth appealing - details will be given on any information you are sent but it's always worth seeking proper legal advice.
NoPenaltyPoints - 4-Jul-18 @ 12:37 PM
I believe a speed Camera flashed as I passed it last night. It’s a variable speed area on the M1 Junction 8. The speed limit displayed at around 10:40 pm was 60. It flashed as I passed it and my speedometer was reading 58mph. How can I appeal this?
Ekid - 3-Jul-18 @ 1:53 PM
Matt. - Your Question:
Hi was wondering if its worth appealing against a mobile camera ticket it clocked me at 44 in a 30 but would put it down to circumstance, I was coming off a roundabout onto a long straight, empty road in 2nd and accelerated to exit normally and the car was flat not what you would expect in 2nd for a large turbo diesel so I checked the road was clear and feathered the throttle to encourage some go and it started to accelerate and the turbo was running as soon as it felt normal I let off the accelerator and looked at the speedo evidently it was reading 40 not 44 I tapped the brakes and glanced up and thats when I saw the camera by the time I got to 30 she had already got me, from quite a distance too which seems a bit unfair when its a really short stretch of 30 before it goes up to a 40 im talking metres, not sure if its worth appealing ive had a clean licence since I got it 15 years ago I feel its unfair as I didn't feel I was doing anything wrong any advice would be great, thnks.

Our Response:
We can't really give individual legal advice but we're not aware of any of the circumstances you mention being successful in an appeal before.
NoPenaltyPoints - 25-Jun-18 @ 1:46 PM
Hi was wondering if its worth appealing against a mobile camera ticket it clocked me at 44 in a 30 but would put it down to circumstance, i was coming off a roundabout onto a long straight, empty road in 2nd and accelerated to exit normally and the car was flat not what you would expect in 2nd for a large turbo diesel so i checked the road was clear and feathered the throttle to encourage some go and it started to accelerate and the turbo was running as soon as it felt normal i let off the accelerator and looked at the speedo evidently it was reading 40 not 44 i tapped the brakes and glanced up and thats when i saw the camera by the time i got to 30 she had already got me, from quite a distance too which seems a bit unfair when its a really short stretch of 30 before it goes up to a 40 im talking metres, not sure if its worth appealing ive had a clean licence since i got it 15 years ago i feel its unfair as i didn't feel i was doing anything wrong any advice would be great, thnks.
Matt. - 22-Jun-18 @ 8:12 PM
Kas - Your Question:
Hello I've got a speed fine from M62 junction 28 to 27 westbound on the gantry the speed limits sign was clearly national SL. But as soon I was pasing the gantry with the camera on it it's suddenly changed to 60mph and I stop acellerating but it's still got me on 69mph not fare Becouse I didn't get enough time to slow at the speed limit I could've been able to do it but breaking and I was aware of others drives behind me and the consecuences of the suden breaks on the motorway let me react and not to break but instead take off the accelerator power but still wasn't slow enough Becouse I was wery close to the gantry when it's changed. Now what shall I do. Appeal it or get any other better way of solutions to this. With regard and thanks.

Our Response:
Gantry signs in variable speed limit areas are normally sufficiently visible to allow time to reduce speed before reaching the limit change. If you want to appeal this you would need to consult a legal professional who will be able to take a look at the road and assess distances/times etc.
NoPenaltyPoints - 8-Jun-18 @ 3:00 PM
hi i got flashed while driving away from traffic lights which i had been stopped at, i didnt believe they were for me as my car isnt fast at accellerating . i got the letter in saying i had done 41mph in a 30 zone, it was 3 am in a dual carraigeway roads empty apart from one other car which i thought the flash was for. how do they calculate the speed of a car from stopped at traffic lights driving away from the lights with the camera always behind at both points? t below being traffic cam... and the car and direction it was goign from being parked at lights. T__[----]_____>>>>
takeitorfightit - 7-Jun-18 @ 6:12 PM
Hello I've got a speed fine from M62 junction 28 to 27 westboundon the gantry the speed limits sign was clearlynational SL.But as soon I was pasing the gantry with the camera on it it's suddenly changed to60mphand I stop acelleratingbut it's stillgot me on 69mph not fare Becouse I didn't get enough time to slow at the speed limitI could've been able to do itbut breaking and I was aware of others drives behind me and the consecuences of the suden breaks on the motorwaylet me react and not to break but instead take off the accelerator power but still wasn't slow enough Becouse I was wery close to the gantry when it's changed. Now what shall I do. Appeal itor get any other better way of solutions to this.With regard and thanks.
Kas - 7-Jun-18 @ 9:43 AM
Hi, please could you help I was travelling down the M62 which had been reduced by red speed limit signs on above gantries to 50mph for several miles.Has I came to another gantry I notice that the lane I was in changed to 30 mph as I approached, whilst the other three signs at the same gantry remained at 50 mph. Due to cars at my rear and cars at the side I was boxed in and even though I managed to reduce some speed I could not get down to 30 mph because of the car behind.Nor could I swing into the other lane without the possibility of being or causing an accident.I am so worried and annoyed because there was nothing I could do to avoid this and feel the sign was incorrectly showing 30, when it should have been 50. In addition at the next gantry less than a mile away, the speed limit was cancelled and cars could do 70 mph.
gubby - 29-May-18 @ 9:48 PM
Worried sick- Your Question:
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

Our Response:
The police actually have up to 6 months in which to take the next steps. If a fixed penalty is to be issued it's more likely that you will hear sooner....usually around 28 days.
NoPenaltyPoints - 22-May-18 @ 3:19 PM
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
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