Home > Speeding Tickets > Challenging a Speeding Fine

Challenging a Speeding Fine

By: Garry Crystal - Updated: 22 Oct 2017 | comments*Discuss
 
Speeding Fine Speeding Ticket Speed

Speeding tickets can result in a variety of fines and penalty points depending on the offender’s driving history. But there are ways to legally challenge a speeding fine under certain circumstances.

Speeding Offence Points and Penalties

A first offender can receive a £100 fine and three to six Penalty Points. But fines can be larger than this depending on the circumstances, and fines can even hit one and half times your salary if you are caught travelling over 51 mph in a 30mph area with a maximum £1000. Guilty offenders who are offered a fixed penalty will usually have their licence endorsed with a minimum number of penalty points and a £100 fine. Court appearances can be a risky option and may bring increased penalty points and fines, and can even mean disqualification under certain circumstances. Speeding offences with penalty points will also mean that Insurance Premiums are likely to increase.

Speeding Offences Statistics

According to a recent Home Office report there are around 2.3 million motoring offence court appearances per year in the UK. Around 191,000 people are Disqualified for Motoring Offences per year and 33,200 motorists are disqualified using the penalty points system. It has also been reported that £600 million in speeding tickets have been incorrectly applied to motorists in the UK. Only 1% of motorists actually challenge their speeding tickets. The £2,500 cost to hire a solicitor to challenge a speeding fine may be one of the reasons why people do not usually challenge the tickets.

Challenging a Speeding Fine

Successfully challenging a speeding ticket can actually occur under certain circumstances. The first point will be to check that all details on the Notice of Intended Prosecution (NIP) are correct. The NIP should include the vehicle’s details, and details such as the time, date and location of the speeding offence. An NIP also comes with a 14 day time limit; this means the alleged offender has received the NIP within 14 days of the offence occurring plus postage time. Be aware that small errors such as typography errors on the NIP will not be grounds for challenging a speeding fine.

Speed Cameras and Speeding Fines

If a Speed Camera was the method used to capture the speeding offence then it may be a good idea to return to the scene. Check that speed limit signs are evident and are placed on both sides of the road. Also check that the speed limits signs are highly visibly and not obscured by obstructions such as trees or bushes. If this is the case then evidence should be taken such as photographic records of the obstructions.

Request Proof of the Speeding Offence

Motorists who are certain they were not speeding can request copies of the photographs taken by the speed cameras. Motorists can also request any other evidence that will be used by the prosecution. Where speed cameras are concerned there is usually no requirement of any back-up evidence to exist. If a mechanical device was used to assess the speeding offence, such as a radar gun or police car’s speedometer, then a record of evidence plus a signed certificate by an authority must exist.

Defences Used to Challenge a Speeding Ticket

There are some defences that can be used to challenge a speeding ticket. These can include:

  • Incorrect details on the NIP
  • That the alleged offender was not driving the car at the time of the offence
  • That the alleged offender was in an exempted vehicle attending an emergency
  • That the vehicle was a company van and the alleged offender was not driving, proof will usually be needed
  • That a family member was driving at the time
  • Incorrect or absent road signs

Mitigating Circumstances and Speeding Offences

An offender who is pleading guilty may find it worthwhile to use mitigating circumstances to reduce the sentence level. Mitigating circumstances can include specific reasons for speeding including medical emergencies. Pleading that hardship will apply if disqualification is intended might also mean the sentence is reduced. Hardship can include the likely loss of a job if disqualified. Hardship can also mean that family members such as sick family members will be adversely affected with regards to family transportation means.

Challenging a speeding fine is a risky option and is the reason why so few motorists do use this route. Anyone who is considering challenging a speeding ticket should seek legal advice from a professional. A solicitor or lawyer will be able to assess the case and evidence, and the likelihood of actually successfully challenging the alleged offence.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Hello my fiancé has received an nip for driving speed of 38 in what they specify is a 30 limit. However along this complete stretch of road there are no speed limit signs on either side nor are any painted on the tarmac surface. Does he have a case to dispute the penalty? Many thanks
Debs - 22-Oct-17 @ 12:31 PM
I just got a NIP 51 in a 30 zone. It was a dual carriageway coming off a city centre ring road. I had no idea it was a thirty, nor did many others as I was not speeding past anyone. I hear if a road has no speed limit signs I must assume it a 30 I have not had a speeding ticket for over ten years Will I get my licence took off me? My daughters deaf and I really need my car, I feel angry there were no speed limit signs and I feel horrible thinking I will face court , can I send a letter with my form?
Mommabear - 22-Oct-17 @ 12:08 AM
I have been accused of breaking a variable speed limit on a Smart Motorway. However, I know the limit was in force for "Pedestrian in Road" - and there was no pedestrian in the road on the section I drove along. The NIP merely says "Variable Speed limit in force" and does not give the reason. I wrote back with my form asking them to provide evidence of the pedestrian(s) with photos or a police log. They ignored my letter and sent a form letter back (with none of theevidence I asked for). I am thinking of challenging it because they will not be able to produce the evidence for a pedestrian and that I was a hazard to their safety. I was doing 61 mph on a clear day and, as I said, it was a variable speed limit (50). I don't know about you, but I don't think they can charge me if they give specific details of the offence. I was hoping they'd actually read my letter, but it seems they want to charge me for something that is their fault (i.e an inaccurate sign - in the wrong place or not update in a timely manner.) Once again, the NIP was not specific. Many thanks
Andrew - 11-Oct-17 @ 4:04 PM
Are there any requirements now, either for displaying safety camera warning signs within a certain distance of a mobile “speed trap” or for detector vans to have markings drawing your attention to it?
Robbie - 11-Oct-17 @ 2:02 PM
Hi. I was driving to pick my brother and his friend up from cardiff where they spent the night drinking. On the way i noticed a flash. So i returned later that evening to look for speed signs and to get pictures of the speed limit as at first thought you would think its a 40mph. But got a NIP through the post which flashed me at 37mph as it was a 30mph. But the photos i took clearlyshows that the speed limit signs are impossible to see .Please help
Mo - 6-Oct-17 @ 11:32 PM
jackbean - Your Question:
HiI was the carer on duty on the day in question.I had driven my client in her own car out for a drive and on return recorded our arrival time in the official daily log diary.An NIP arrived but my client did not open as she keeps her mail for her son to deal with and so it was 3weeks before we were aware of the NIP.It stated her car had been speeding on the day we were out for a drive.The time stated of the offence was later than the time we had arrived home.Many people drive my clients car including friends, neighbours and family members, and one of these could have used the car after we had returned home.The time lapse of 3 weeks means that neither of us could recall who was driving at the time, and the owner has refused to sent me copy of my entry which proves it was not me driving at that time. I am been threatened with court action, do I have a case?Thankyou

Our Response:
We can't give specific legal advice - you should really ask a legal professional. Who has completed the NIP form? Has someone named you as the driver? Have you received a follow-up NIP as a result? If so, our suggestion at this stage would be to give your version of events to the police saying you weren't the driver (if you're sure you weren't) and give the names and contact details of anyone else that could have been driving. Tell them that there is a log of your movements at the property but the owner is refusing to send a copy.
NoPenaltyPoints - 4-Oct-17 @ 3:12 PM
Benny - Your Question:
I am within 2 year period and I got a nip and offered a driving awareness course , since I have got another nip before I took first course what will happen ? Will course still stand and then I take 3 points for second course

Our Response:
You will still be able to take the course but you'll get 3 points plus £100 fine (assuming you were not significantly over the limit - in which case a court summons might be issued) for the other offence.
NoPenaltyPoints - 4-Oct-17 @ 9:54 AM
Hi I was the carer on duty on the day in question. I had driven my client in her own car out for a drive and on return recorded our arrival time in the official daily log diary. An NIP arrived but my client did not open as she keeps her mail for her son to deal with and so it was 3weeks before we were aware of the NIP. It stated her car had been speeding on the day we were out for a drive. The time stated of the offence was later than the time we had arrived home. Many people drive my clients car including friends, neighbours and family members, and one of these could have used the car after we had returned home. The time lapse of 3 weeks means that neither of us could recall who was driving at the time, and the owner has refused to sent me copy of my entry which proves it was not me driving at that time. I am been threatened with court action, do I have a case? Thankyou
jackbean - 4-Oct-17 @ 9:19 AM
I am within 2 year period and I got a nip and offered a driving awareness course , since I have got another nip before I took first course what will happen ? Will course still stand and then I take 3 points for second course
Benny - 2-Oct-17 @ 6:09 PM
Plaister93 - Your Question:
I was caught speeding on a road by a speed gun. I didnt no the area I was in, their was no signs and their was no street lights on. I couldnt see nothing infront and their was loads of tress surrounding the area. Can I appeal against this as I will lose my license, I need my car to get to work and look after my daughts as she has health problems. Their both about 15 miles away so no chance of buses

Our Response:
You haven't said waht speed you were doing and what the speed limit of the road was. You will only lose your licence if you were travelling at a speed significantly above the limit of if you already have points and are still within the two year new drivers act limit? Sorry we don't really have enough information from you.
NoPenaltyPoints - 2-Oct-17 @ 11:18 AM
I was caught speeding on a road by a speed gun. I didnt no the area i was in, their was no signs and their was no street lights on. I couldnt see nothing infront and their was loads of tress surrounding the area. Can i appeal against this as i will lose my license, i need my car to get to work and look after my daughts as she has health problems. Their both about 15 miles away so no chance of buses
Plaister93 - 29-Sep-17 @ 2:12 AM
I was driving on a road with speed limit 40mph, which changed down to 30 but the speed sign was not visible as it was completely obscured by a hanging basket. I was caught by a speed camera twice in the same week doing 35mph and 39 mph in the 30 zone. Do I have grounds to appeal the two fines? I notice your comments above re a road in a residential area with street lighting which would be 30 - does this make the obscured speed sign irrelevant?
Elle - 26-Sep-17 @ 9:59 PM
I've had an NIP through for variable speed camera on M4 near Newport , S wales - between jnc 23a and 24 WB.67 mph in a 50 mph limit.I thought it was the usual 70mph limit and I didn't notice any signs to indicate 50mph. I drive that route at least twice a week so know the motorway fairlywell or so i thought. what are the implications for me?
roco - 25-Sep-17 @ 11:33 AM
Hi I was issued a speeding ticket on a motor way but I'm positive that I was not doing the speed .. When I asked for evidence the officer who was driving the police car refused to give it to me I did asked again via email with not result .!! So the only option I had left is to take the case to court !! I can't effort a solicitor so I'm going in my own What's the advice please ? Many thanks
Madi - 19-Sep-17 @ 12:52 PM
Fox - Your Question:
Sorry yes it was NIP my fault so what's your advice please ?

Our Response:
If you are the registered keeper (i.e it's not a company car or lease/hire vehicle) and you had not changed car or address details around the time of the offence, you may be able to reject the NIP under the 14 day rule. See our GUIDE HERE for a step by step guide to doing this.
NoPenaltyPoints - 12-Sep-17 @ 2:32 PM
Sorry yes it was NIP my fault so what's your advice please ?
Fox - 11-Sep-17 @ 8:27 PM
Fox - Your Question:
Hi just received a fine from the 12th of June and I received it on the 7th of sept. It's 88 days since the offence, how do I go about contesting against it? 3months apart is ridiculous!

Our Response:
When you say you've just received a fine, were you stopped at the time of the offence or did you receive an NIP in the intermim. There's not really sufficient information here sorry.
NoPenaltyPoints - 11-Sep-17 @ 12:09 PM
Hi just received a fine from the 12th of June and I received it on the 7th of sept. It's 88 days since the offence, how do I go about contesting against it? 3months apart is ridiculous!
Fox - 9-Sep-17 @ 8:59 AM
nl - Your Question:
I was caught by a policeman with a speeding gun doing 52 in a 30 (I thought the road was 40 but I'm still speeding obviously). I believe I'm still within my probation (by about a week). Am I likely to get an instant driving ban. The road I was on is extremely open and well lit and it was at night when there was no other cars on the road. If I lose my license it will greatly affect my life as I have a baby to look after as well as my sick mother of whom I'm her carer. Is there any chance of getting a reduced sentence or should I just accept my fate?

Our Response:
52mph in a 30 zone is likley to result in a court summons. You may be able to explain your circumstances in order gain some mitigation but we can't say watch a judge will decide unfortunately. Sometimes a motoring lawyer can help in this kind of situation.
NoPenaltyPoints - 5-Sep-17 @ 1:47 PM
I was caught by a policeman with a speeding gun doing 52 in a 30 (I thought the road was 40 but I'm still speeding obviously). I believe I'm still within my probation (by about a week). Am I likely to get an instant driving ban. The road I was on is extremely open and well lit and it was at night when there was no other cars on the road. If I lose my license it will greatly affect my life as I have a baby to look after as well as my sick mother of whom I'm her carer. Is there any chance of getting a reduced sentence or should I just accept my fate?
nl - 4-Sep-17 @ 7:00 AM
Hi I was caught by police yesterday for speeding. She was stand behind a tree without Hi-Vis with speeding gun. She stop me and said I am doing speeding and says my speed was 36mph on 30mph zone. I reed article online it's ok for motorists to 10% + 2mph meanes 35mph on 30mph zone. My question is they have to wear hi-vis when they do speeding enforcement. Also can I Appel against them caution which she give me. she give me a caution for speeding and says it will stay in our records for 12 month.
Monty - 24-Aug-17 @ 8:31 AM
Mike - Your Question:
Received a letter from Sussex Police. Offence is stated as 'Speeding - exceed 30mph on restricted road - manned equipment'. Do the Police not have to state the exact speed? Is this grounds for appeal?

Our Response:
No the exact speed apparently does not have to be given at the time the NIP is issued.
NoPenaltyPoints - 21-Aug-17 @ 12:51 PM
Mike - Your Question:
Received a letter from Sussex Police. Offence is stated as 'Speeding - exceed 30mph on restricted road - manned equipment'. Do the Police not have to state the exact speed? Is this grounds for appeal?

Our Response:
No the exact speed does not have to be given at the stage of the NIP.
NoPenaltyPoints - 21-Aug-17 @ 12:50 PM
Received a letter from Sussex Police. Offence is stated as 'Speeding - exceed 30mph on restricted road - manned equipment'. Do the Police not have to state the exact speed? Is this grounds for appeal?
Mike - 17-Aug-17 @ 5:42 PM
bikerjim44 - Your Question:
Hi, I have received a ticket 35 in a 30. My issue is I swear blind that I went past the camara at the right speed on a different road at that time to the one they claimed. The road that they claimi offended on. I did go past the camara on an hour and a half lator in the opposite direction. They then clained the road was in another county upon appeal. I still maintain this is a mistake. Is it up to me to prove the location of their van and at what time? any help, thanks.J

Our Response:
Ifyou want to appeal, the case will go to court. The police will be required to produce their evidence of your car and the time/date/location etc. If you feel it's valid to appeal then it might be worth seeking advice from a motoring lawyer. They can advice you on what to do and will have more knowledge about the technology/records and how to pinpoint errorrs in police procedure. What would also help would be if you could provide evidence that you were elsewhere at the time of the offence (shopping receipts, work records etc).
NoPenaltyPoints - 17-Aug-17 @ 11:42 AM
hi, I have received a ticket 35 in a 30. My issue isI swear blind that I went past the camara at the right speed on a different road at that time to the one they claimed. The road that they claimi offended on. I did go past the camara on an hour and a half lator in the opposite direction. They then clained the road was in another county upon appeal. I still maintain this is a mistake. Is it up to me to prove the location of their van and at what time? any help, thanks.J
bikerjim44 - 15-Aug-17 @ 2:23 PM
Angharad - Your Question:
Hi can you appeal against a speeding ticket if the officer was standing on te road where there are no speeding camera signs to warn you.

Our Response:
No that is not a good reason to reject a speeding penalty.
NoPenaltyPoints - 2-Aug-17 @ 11:53 AM
Hi can you appeal against a speeding ticket if the officer was standing on te road where there are no speeding camera signs to warn you.
Angharad - 30-Jul-17 @ 8:23 AM
Ive received a NOP (notice of Prosacution) which alledges i was doing 123 mph on the M4 in Wales, im disabled disability is in my legs and ive never had a speeding ticket in my life. Im amazed and shocked by this and dont no what to do? Theres only myself &my wife who are insured to drive my car, please can anyone give me any guidence around what i should? Ive not stopped worrying which isnt helping my health. Kind Regards everyone.
Fearless - 22-Jul-17 @ 11:02 PM
Hey can you plead against a fine if there are no speed camera signs down the road?
Jdixon94 - 15-Jul-17 @ 8:30 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the NoPenaltyPoints website. Please read our Disclaimer.