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Challenging a Speeding Fine

By: Garry Crystal - Updated: 4 Nov 2019 | 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.

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Hi. Had a speed awareness course earlier this year in January but got a ticket for doing 88 in a 70mph zone What penalty should I expect
Stu - 4-Nov-19 @ 11:19 AM
Hi, I've had a speed awareness course in January 2019 and now been caught doing 88mph in a 70mph zone, what punishment should I expect.
Stu - 4-Nov-19 @ 11:16 AM
Hi, this my first offence. I don't speed.... But I just got a ticket while driving my girlfriends car. It says 56 in a 40 on the m4. But it is a gantry camera, I have dashcam footage that shows it was 60 posted when I went under. The one ahead said 40 and I was slowing down by letting off the accelerator. Not want to cause an issue by braking. How do I ask for the log data from the gantry people?It also says 6points on the letter and 1k fine!Which is insane.Any advice would be great
Nick404 - 24-Sep-19 @ 4:47 PM
I have seen the photograph from the camera which alledges I was travelling at 34 mph in a 30 mph zone.Just before 0600 in the morning,the only feature of this vehicle which is clear,is the licence plate.No make or colour of vehicle and with the lights on, the vehicle is not proved to be mine, or anything similar.I do have a friend, who was involved with a licence plate cloning issue, which was taken to court and explained by him, my friend, to the effect he was not in that area of the country at the time of any offence and the police agency for speeding would not investigate that issue. He was not going to be untruthful in any statement, and did not inform police of the driver of that vehicle as he wasn't and couldn't account for the number being displayed by another vehicle.He was found guilty of failing to admit the offence of failing to say who was driving the subject vehicle, which was an impossible task, but let off the speeding charge of being 4 mph over the 30 limit. He returned to the area of wales, with me as a witness, and his appeal was simply thrown out of court despite fully explaining the issue to that judge.When my friend suggested the judge himself would be in a similar position should his own vehicle plate be used and detected for a motoring offence, the judge simply replied that he'd be standing where my friend was, trying to explain the same situation. His fine was doubled, points awarded and he had to pay additional costs due to his right of appeal, whatever the result might have been. Why is it, that in some American states, photographic evidence is taken from the front of a subject vehicle, which not only shows the make and colour of the vehicle, but also the driver in the vehicle at the time.That is proof of some worth.These cameras in the UK are inadequate for the task now, and proved to be subject to the cloning of licence plates.It does not take a genious to determine that this out of date technology is accepted to be worthless, yet continues to be employed simply because it allows both police and the courts, to claim they are overworked and under funded.This is not the justice system I want to support, and I refuse to wait my turn for these sorts of troubles coming my way. If these various authorities do not effectively deal with the cloning issues, and their own handling of these matters, they will continue to present themselves to the more moderate public as another form of enemy, and be dealt with, by us, in our own chosen ways.This particular issue of cloning, does of course effect all police officers, all the justice system personnel and politicians of every flavour.Have you, or anyone else, an idea of curing this evil, other than using another form of modern camera system which provides better proof of any offence which can assure a motorist that a licence plate has not been cloned and any offence is genuine. This subject of cloning is an urgent matter to be addre
Martin - 19-Sep-19 @ 11:28 AM
Can I appeal on moral grounds? I have been given three NIP's for one journey. I was using my own judgement and having never had an accident or even a speeding ticket in 34 years of driving, I consider my judgement to be of a good quality. It was variable cameras and the motorway (M62) was safe at my recorded speed 52mph (40 signposted) and 62mph (50). This really is 1984.
Me - 29-Aug-19 @ 4:10 PM
Fist ticket in many years, also first time on M62 in an age. Terrible weather conditions (heavy rain, surface water) meant I was concentrating on the road and the other vehicles (medium traffic density at 3.38 weekday), when the variable 60 must have changed to 50 and I was aware of a flash behind. I was driving the same speed as all the other vehicles around. Next thing the speed gantries were at 60 again (no change in road conditions apparent). So I forgot about this thinking someone else had been flashed. No such luck. So the point is if focussing on overhead speed displays, this takes away the more important focus on the road surface and other vehicles around??? Where's the ever present H and S in this argument?
thisisjazz - 20-Aug-19 @ 3:46 PM
Hi I was caught speeding 36 in a 30 zone i thought it was a 40 zone. The NIP states the speed limit at the time was Mph and no limit has been stated, is it invalid?
Jules - 11-Aug-19 @ 12:00 AM
I've been caught doing 80 in a 50 zone first time I've been caught what will happen?
Sam - 10-Aug-19 @ 2:36 AM
I got caught by speed camera. Letter received only says I was doing more than 30mph in 30mph zone. How do I find out what exact speed I was doing ?
Iain - 1-Aug-19 @ 5:26 PM
I’ve had a speeding ticket for doing 35mph in, allegedly, a 30mph zone.However, having walked the road in question, there are no signs stating that it is a 30mph zone. Do I have a case for appeal.
Ailey - 31-Jul-19 @ 7:35 PM
M27 has an " Average Speed"restriction for about 12 miles currently. The speed limit is 50mph. I have received a NIP saying I went through the first camera point at 61mph. However, being an average speed limit does that not mean that providing you are doing 50mph for the entirety of the stretch of motorway then you should be ok .. on this occasion there had been a breakdown further along the road and we were crawling for about 2 miles so my average speed would have been much less then 50mph. Can I challenge this.
JD - 31-Jul-19 @ 10:10 AM
Hi, I had a NIP but unsure as to who was driving at the time as the car is shared by a few family members. It says on the NIP to send a separate paper claiming this. Do I still need to fill in the whole form? I cant tick yes or no to the first question as I am not sure. Any help would be greatly appreciated
Azad - 22-Jul-19 @ 11:55 AM
Hi i recently received a nip for a camera offence, upon review of the photographic evidence the entry car is mine but the exit car is a different car with a similar number plate but clearly not the same as mine as mine is sign written.I will be contesting, do i have to go to court, if i do can i claim for expenses?Any help appriciated
graeme - 31-May-19 @ 5:22 PM
Hi all I was caught speeding in a 40 zone last year didnt challenge it was late at night i was tired and didnt see the camera. How ever after my points were put on i was driving past there last week and realised the reason i never saw the camera was it is behind a huge sign is there anything i can do to now challenge the points as the camera is only visable from about 5 meters once you almost past the sign. The gap between the sign and camera is about 7 meters. This Is in Southampton about 2 miles down from ikea
Max - 23-May-19 @ 11:22 PM
Hello any help or advice will be appreciated. I have been caught speeding by a mobile van. The van was parked in a closed layby on a A road. When i say closed i mean completely traffic coned both entrance and exit with signs saying closed etc. The points and fine is quite hefty so I am wondering if they have a case to answer?
ALBO - 22-May-19 @ 10:39 AM
M5. South 6/3/1916.44 Went under the gantry at J5 showed lane out didn’t see any average speed showing, got picked up by camera doing 52 mph as I was following an articulated vehicle have been sent a NIP is there anyone else who has got a NIP for that day, as I don’t remember getting flashed
Flybynight - 24-Mar-19 @ 1:48 PM
My husband has had the same issue as h12cag on the same stretch of the M5 probably on the same day as his nip was the 14/03/19. He says the speed limit was not at 40 when he passed under the gantry but the nip states he was dong 52 in a 40 limit. How can you get proof the speed limit was showing and surely there must be reasonable allowances for drivers to slow down in a safe manner (or is this why there are so many accidents due to people braking so hard) as this seems entirely unfair. Unfortunately he had cleared his dash cam on the morning he received the nip so can’t look back. Lesson learnt, always download!
Gillies - 21-Mar-19 @ 3:30 AM
Hi there, Just after some advice. I was driving down the M5 southbound near droitwich. I went past a sign displaying 60. Little further down the road was a variable speed camera and signage. Initially displaying 60. When i got to about 200 - 300 yard from the sign it changed to display 40. As i passed the gantry i was snapped at 56 the car in front did not get caught unfortunately i did. I have a dash cam but it's no where near clear enough. I did slow down to 40 just not quick enough for the camera. I'd like to see if there is case for mitigating circumstance do i have much chance with little evidence on my part is there a way to get a record of the time when the speed on the camera changed?
h12cag - 14-Mar-19 @ 8:15 PM
Can I contest a speeding offence on the grounds that the police spelt my name wrong despite seeing my driving license and also put down the wrong model of car...a suzuki swift instead of celerio? I was shown I was driving 31 mph in a temporary 20mph zone. What are the limits of accuracy of these lasar devices used car to car, as 30mph would make a difference to the band of offence?
ann - 9-Jan-19 @ 12:55 PM
I was stopped for speeding on the A71 between Livingston and Edinburgh. To my knowledge that whole stretch of road is a 50mph zone apart from a couple of parts going through villages. On checking the ticket, the police officer has put it as60mph. Could this error invalidate the ticket? Thanks in advance, Johnny
johnnys149 - 8-Jan-19 @ 1:33 PM
Hi can anyone please give me a little help the company I work for has just told me that myself or my workmate has been caught speeding 36 in a 30 but neither of us remember who was driving . We have requested photo evidence but the picture is no good still unable to identify the driver where do I go from hear
Gaz - 14-Dec-18 @ 3:17 PM
Travelling on M1 northbound at 2300hrs DEC 7th 2018, speed 70mph with minimal traffic and road conditions/visibility good, I approached 50mph smart signs north of Nottingham.After entering the zone and slowing down without breaking I was flashed at 68mph. No indication at all as to why the speed restriction was in force until approx 1mile later the road narrows due to unattended road works. Should we not be informed as to the reason of a speed restriction on a major motorway especially late at night when there is little or no traffic? I thought to begin with that maybe there had been an incident which was now cleared and the police had not removed the restriction immediately afterwards. On my approach to the speed restriction there was no evidence to suggest a reason for slowing down on a clear unobstructed motorway until nearing the roadworks. I have been driving with a clean licence for more than 40yrs and now feel gutted as to the prospect of being penalised because I did not slow down quick enough during a journey on a trouble free motorway. Is there a possible argument I could put forward here to avoid any fine or points?
rayby - 8-Dec-18 @ 10:49 AM
I have got NIP( as a owner of the vehicle) for exceeding the motorway with temporary 50mph( roadwork )speed with 16miles, but I was not the driver ( I can prove it with air plane ticket ) ,couple of friends come to pick me up , but I have find out who was driving, police send me photos only from the back of my car. What is the best way to approach this matter - shall I take all liability? This friend of mine , wife had hard operation soon? Can you please advice, what are the possible consequences 50mph exceeded to66mph Regards, Nick
nick - 3-Dec-18 @ 10:02 AM
Hi and advise me please. I have just received an intent to prosecute. I have looked at the photo of my car which clearly shows that my brake lights were on and therefore i had responded to the sight of the dreaded yellow box by starting to slow down. Is this a valid reason for appeal? Many thanks Macs
Macs - 3-Dec-18 @ 8:06 AM
Hi , I was on the m62 traveling about 72 mph no signs were shown so it was national speed limit. I went through the camera at 27 West bound and the camera flashed me. This was strange to me as they trigger at 79 mph normally, it became obvious to me as I approached the following camera and signs which was set at 50 mph and had work force on the road that (they) had made a mistake and turned the wrong camera on. I recived a nip in the post"to my gf home" but the information does not tell me any details other than "triggered a camera" !!! I called and ask what speed I was doing and it was 72 mph the camera as I suspected was set at 50 and the signs above were not activated and showing nothing. They are still wanting to proceed but the nip states I only have 7 days to send it back... what should i do should I fight it or accept it? If I accept it it will be 72 mph in a 70 limit..
Ant - 3-Dec-18 @ 1:54 AM
I recently passed through a temporary 40mph speed limit. Just before the limit was a sign giving advanced warning that the 40mph restriction was due to start the following week however the nation speed limit signs had been semi covered with black bags. There were no other 40mph repeaters in place along approx 2miles of road no roadworks but a speed van about 2rd distance along the road. I was doing approx 57 miles per hour but my van is restricted to 50mph. Is the 40mph speed limit enforceable or can i go for breaking the vehicle limit. Ive never had any speeding offences previous
Scotty - 2-Dec-18 @ 8:43 AM
hi all i have received an NIP but the time is wrong on the document it says that i was at Ingmanthorpe at 18:09 and in my work we have a clocking in and out so i have proof that i did not leave work unit 17:50 on the football ground side of Leeds, it takes 30 mins to get to were the office was there is no way i could have got there in that time -
rosler - 15-Nov-18 @ 9:27 AM
I have received a NIP doing 57 in a 50 zone and the location on the NIP has me heading in the opp direction to which I was travelling , yes I havea photo which shows speed 57mph is it worth contesting or shall I just accept the fine? Any help please
B - 9-Nov-18 @ 8:04 AM
Hi I was travelling on a road where I knew there were average speed cameras. The limit was 50mph. The stretch was up a quite steep incline. There was a crawling articulated lorry in front of me & I could see it was safe for me to overtake as the road swept off to the right & could see the whole of the hillside. I began an overtake manoeuvre past the lorry. As I was overtaking the lorry I saw a car behind starting the same manoeuvre. I then accelerated hard in order to allow the car behind as much space to safely get past the lorry. Once past the lorry & checking the car behind me had also past the lorry, I modified my speed & carried on at 50mph. There are a number of further camera zones along the road to log average speed which I drove through at the speed limit. I have now received a nip for travelling at 58mph through the zone where I overtook the lorry. I feel thatif there were no camera's on that stretch & even if the car behind me was a traffic police car then there wouldn't have been an issue. It's also worth mentioning that if I had ignored the car behind me I would have been able to safely get past the lorry at 50mph. Do I have grounds to contest my nip?
Peterb - 20-Oct-18 @ 3:06 PM
Two questions: A) Has there been a precedent for instances of inconsistent, incorrect or the inappropriate application of variable speed limit policy on a Motorway providing a legal basis to challenge a speeding ticket? For example: 1) Motorway road works have road side speed limit signs stating 60 mph but overhead gantry displaying lower variable speed limit i.e. 30 mph without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground. 2) Motorway road works end and maybe end of road works signs are displayed each side of the road but subsequent overhead gantries incorrectly displaying variable speed limit of 60 mph without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground. 3) Motorway overhead gantries correctly displaying variable speed limit during time period of high traffic volume but erroneously left on during subsequent time period of low traffic volume without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground. 4) Motorway single overhead gantry displaying variable speed limit of 50 mph immediately followed by overhead gantry displaying national speed limit without risk factor justification prior during or after. The remotely controlled gantry signs do not correspond to conditions on the ground. 5) Motorway road works reducing four lanes to two lanes having no variable speed limit applied followed by road works with the same lack of risk factor justification but with overhead gantries displaying variable speed limit. The remotely controlled gantry signs are not consistently applied to the same ground conditions. B) How incorrect or contradictory does a variable speed limit need to be before drivers should rely on their better judgement of the surrounding context to determine their progress without fear of the current judicial process automatically presuming guilt with no errors by the Highway Authority accepted in defence or mitigation?
Judicial Review Requ - 1-Oct-18 @ 1:49 PM
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