Home > Speeding Tickets > Challenging a Speeding Fine

Challenging a Speeding Fine

By: Garry Crystal - Updated: 20 Jun 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.

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[Add a Comment]
Jonny - Your Question:
Can you be caught by the same speeding camera within a 30 minute period?

Our Response:
If you are speeding and you pass the same camera twice, yes.
NoPenaltyPoints - 22-Jun-17 @ 11:24 AM
Dave. - Your Question:
Hello, I've been sent a NIP after being caught by a mobile safety camera van. The van was situated on the edge of a village on a major 'A' road. I had exited a roundabout roughly a quarter of a mile earlier. I accept that from the roundabout to the village (and speed camera van) is a 30mph limit. I saw the van in the distance and immediately checked my speed. The digital speedometer read 34mph and I rapidly decelerated to 26mph. The NIP alleges I was doing 35 mph.The accompanying documents states that speed awareness courses are offered for people doing 35 - 45 mph inclusive in a 30 zone. This suggests they don't prosecute for 31 - 34 mph inclusive.Considering the speed reading on my dashboard, and the closeness to their tolerance zone, is it worth me challenging this? They don't provide evidence unless it gets to court. I feel pretty hard done by!

Our Response:
You can be pretty sure that if the camera clocked you at 35mph then it will probably be accepted in court unless you know of a very technically aware motoring lawyer who can help you. You may find that no action is taken anyway, or that you are offered a place on a speed awareness course. Failing that it's likely to be 3 points plus a fine. If you want to challenge it you may have to accept that it will go to court.
NoPenaltyPoints - 21-Jun-17 @ 2:38 PM
Can you be caught by the same speeding camera within a 30 minute period?
Jonny - 20-Jun-17 @ 6:06 AM
Hello, I've been sent a NIP after being caught by a mobile safety camera van. The van was situated on the edge of a village on a major 'A' road. I had exited a roundabout roughly a quarter of a mile earlier. I accept that from the roundabout to the village (and speed camera van) is a 30mph limit. I saw the van in the distance and immediately checked my speed. The digital speedometer read 34mph and I rapidly decelerated to 26mph. The NIP alleges I was doing 35 mph. The accompanying documents states that speed awareness courses are offered for people doing 35 - 45 mph inclusive in a 30 zone. This suggests they don't prosecute for 31 - 34 mph inclusive. Considering the speed reading on my dashboard, and the closeness to their tolerance zone, is it worth me challenging this? They don't provide evidence unless it gets to court. I feel pretty hard done by!
Dave. - 19-Jun-17 @ 7:59 PM
Hi can you please tell me if the 14 day rule applies to this case? Caught onfixed camera at 43mph in a 30 zone on 21/05/2017. Letter sent to my employer on 6/06/2017. My employer asked if it was me driving I confirmed and they filled in the form straight back. Many thanks.
ana - 16-Jun-17 @ 4:45 PM
Arvey - Your Question:
I was turning onto a busy outer ring road, from the lights I turned right onto a dual carriageway that eventually started to turn into one lane. Ahead was a camera van I was caught doing 43 in a 30 zone.I returned to the area about a fortnight later to take pictures. It is very misleading because there are no speed signs and speed camera signs all along this stretch until next round about.Naturally I assumed to join a dual carriageway would be 40mph. I wrote to the police and they replied to say that there does not need to be any repeater signs as there are signs at the beginning of the speed restricted area, this is about 1 mile in the opposite direction. However there is 1 sign in opposite direction coming from the round about coming back on my self. I feel that there should be a sign on this area because drivers joining this part of the road wouldn't know if this is 30 or 40 mph and then a speed van parked ready to get you with out no warning. Any suggestions please

Our Response:
In general if a road has street lighting/ is in a residential area etc the speed limit is 30 unless signs and repeaters show otherwise. If a road is unlit (such as a country road etc), then unless signs and repeaters show otherwise, the national speed limit applies (60mph for single carriageway and 70mph for dual carriageway). Speed limit repeater signs are not allowed 30 zones.
NoPenaltyPoints - 15-Jun-17 @ 11:17 AM
I have been sent images of my car in the speed lines area and another a short distance after. The alleged speed on the Gatsometer is 52 in a 40MPH zone on A338 in Bournemouth. I was under the impression that the speed had to be averagetakenfrom entering the lines,to the end of the lines. Your comments please.
ART - 14-Jun-17 @ 7:22 PM
I was turning onto a busy outer ring road, from the lights I turned right onto a dual carriageway that eventually started to turn into one lane. Ahead was a camera van I was caught doing 43 in a 30 zone. I returned to the area about a fortnight later to take pictures. It is very misleading because there are no speed signs and speed camera signs all along this stretch until next round about. Naturally I assumed to join a dual carriageway would be 40mph. I wrote to the police and they replied to say that there does not need to be any repeater signs as there are signs at the beginning of the speed restricted area, this is about 1 mile in the opposite direction. However there is 1 sign in opposite direction coming from the round about coming back on my self. I feel that there should be a sign on this area because drivers joining this part of the road wouldn't know if this is 30 or 40 mph and then a speed van parked ready to get you with out no warning. Any suggestions please
Arvey - 12-Jun-17 @ 8:54 AM
I was recently sent a nip for speeding on the M25 j9/10 doing 60 I in a 50 (reduced speed limit in place). I have 9 points already and face a ban if prosecuted. Previous points recieved in the same way. I drive for a living. My wife has said she will take the points but currently considering all options. I believe the camera is rear facing. How do the police prove, if i take this option that she was not driving at the time? As I said I'm looking at all the options. Thank you for any advice given
Macca - 8-Jun-17 @ 7:00 AM
Morning, I got caught nabbed doing 40 in a 30 in Daventry on the Royal Oak Industrial Estate by an lti 20.20 ultralyte 1000 rear facing in a marked van in a layby. I've looked at the photographic evidence and two of the photos clearly show a motorbike so close behind me that it is overlapping the back of my van, including the one with the speed overlayed. Does this make the reading unreliable? How can I be sure that it has picked up me and not the bike? I'm not convinced that I was speeding at all as it would be very rare for me to exceed a speed limit in my old transit van... I've been offered a speed awareness course but don't know whether to accept it or challenge the ticket on principle!
Bods - 7-Jun-17 @ 10:04 AM
Coleyroly - Your Question:
Hi, just wondering if there is a time limit from the actual offence to the letter received stating I have to go to magistrates court ? (For speeding)I've had my notification and filled it in, but I was caught by a mobile camera on 9th December and have received letter on 4th June, nearly 7 months later. Thanks !

Our Response:
The police have up to 6 mothns in which to initiate further proceedings. If the offence was 9th December then they effectively have until 9th June (which they have just about managed)
NoPenaltyPoints - 6-Jun-17 @ 11:57 AM
Hi, just wondering if there is a time limit from the actual offence to the letter received stating I have to go to magistrates court ? (For speeding) I've had my notification and filled it in, but I was caught by a mobile camera on 9th December and have received letter on 4th June, nearly 7 months later. Thanks !
Coleyroly - 3-Jun-17 @ 2:05 PM
I was stopped by the police for speeding some weeks back and now I have the letter in the mail. I have returned to the scene multiple times and still cannot find any speed signs. Do I have any ground to contest this? Thanks
Trekker - 2-Jun-17 @ 11:37 PM
I have received a fine for 61 in a 50 on dual carriageway. Measured at a distance of 305m. But the machine (LTI 20-20) is only calibrated to 100m. Is this enough to appeal?
jlo001 - 25-May-17 @ 2:46 PM
Bbot- Your Question:
I got two NIP for the same day, same road, 1 hour and 47 mins apart in the same direction doing the exactly same speed? 47mph in a 30? I'm not even confident to travel at a fast speed like this in a 30mph zone. This I find hard to believe. I want to contest the matter in court but don't know the best way around it. I also asked my black box company if there was any speeding occurances over the week they claim I was speeding and they said there wasnt any? They sent me the NIP way after 14 days but apparently I'm exempt because I was a new owner I have just received my court summons. What to do?

Our Response:
It would be useful to get advice from a legal professional in order to contest this in court. If you think you weren't actually on the road at those times, see if you can get evidence of this (e.g car park ticket etc). If it's simply the speed that you're contesting of course the black box information should help.
NoPenaltyPoints - 17-May-17 @ 2:36 PM
I got two NIP for the same day, same road, 1 hour and 47 mins apart in the same direction doing the exactly same speed? 47mph in a 30? I'm not even confident to travel at a fast speed like this in a 30mph zone. This I find hard to believe. I want to contest the matter in court but don't know the best way around it. I also asked my black box company if there was any speeding occurances over the week they claim I was speeding and they said there wasnt any? They sent me the NIP way after 14 days but apparently I'm exempt because I was a new owner I have just received my court summons. What to do?
Bbot - 16-May-17 @ 7:47 PM
i WAS GIVEN A SPEED TICKET FOR going 45 miles in a 40 hour limit. I have 9 pints on my licence. I have been offered a speed course but does this mean I will receive an automatic totting up disqualification.
WILF - 13-May-17 @ 7:40 AM
I recently had a speeding fine come through to the company I work for, for the car I drive. It happened on the 21st April 2017, three things. First, am I legible to be fined under the new laws? Second, I am pretty sure the Camera was on the opposite side of the road as I was driving away from it, is it possible for it to still get an accurate reading through other cars and barriers? Third, can I request a photo of the evidence against me?
CarlC - 29-Apr-17 @ 10:57 AM
We have just received a NIP for 37mph in a 30zone. The mobile camera has taken 2 pictures.One doing 37mph and one doing 24mph.I thought they had to have an average over a certain distance or more than one photo?
fireyanth - 27-Apr-17 @ 6:21 PM
Hi, I just received a NIP and have returned it as the reg given was mine.I also requested the photo evidence which has now come through. I do not believe any of the photos show a vehicle bearing my reg number as they are all either blurred or abstructed. I think they've made a few guesses until something came up in the DVLA database. I have asked for more photos which can clearly show the vehicle involved in mine. Is this the best approach? Anything else I should do?Or just go ahead and take the points and fine.
Griff - 22-Apr-17 @ 2:20 PM
I was recently sent a NIP for speeding doing 50 in a 40 zone. However the camera that took my speed was in a plain white/silver van at the side of the road. The van had no markings on it at all to say a speed camera was on board. There was a man with a high visjacket in the driver seat. Would i stand any chance appealing this on the grounds that this was a speed trap by the police and they were working covertly?
Jared - 19-Apr-17 @ 7:04 PM
I have been driving for 26 years and just received my first ever NIP.I was caught doing 36mph in a 30 zone seconds after it converts from a 40 zone giving little time to slow down.This was a mobile unit and the first I knew about it was a letter through the post.Grounds to contest this?
Mazzo - 13-Apr-17 @ 1:02 PM
Jay - Your Question:
I was recently sent a notification that I was speeding (around the corner from my house, so I know the area well). I was allegedly doing 31mph in a 20mph zone. The thing is, the 20mph zone changes to a 30mph zone which is not marked by signs, but by the road painting. Iv also read on the gov.uk website that the "default" speed for built-up areas is 30mph.So the way I see it, I was under the understanding that the zone I just entered was a 30mph zone. And 'technically' I was speeding (doing 31 in a 30 zone) but I don't think that warrants the £100 fine.for going 1mph over the limit!?!?!?I have google maps photo evidence, as well as camera phone evidence that there is no sign of a 20mph limit, and there IS a road marking of 30mph.Do I have enough evidence/substance to contest the fine?

Our Response:
This is the government guidance
"20 mph zones require traffic calming measures (e.g. speed humps, chicanes) or repeater speed limit signing and/or roundel road markings at regular intervals, so that no point within a zone is more than 50 m from such a feature. In addition, the beginning and end of a zone is indicated by a terminal sign. Zones usually cover a number of roads. 69. 20 mph limits are signed with terminal and at least one repeater sign, and do not require traffic calming. 20 mph limits are similar to other local speed limits and normally apply to individual or small numbers of roads but are increasingly being applied to larger areas."
NoPenaltyPoints - 31-Mar-17 @ 2:43 PM
I was recently sent a notification that I was speeding (around the corner from my house, so I know the area well). I was allegedly doing 31mph in a 20mph zone. The thing is, the 20mph zone changes to a 30mph zone which is not marked by signs, but by the road painting. Iv also read on the gov.uk website that the "default" speed for built-up areas is 30mph. So the way I see it, I was under the understanding that the zone I just entered was a 30mph zone. And 'technically' i was speeding (doing 31 in a 30 zone) but I don't think that warrants the £100 fine....for going 1mph over the limit!?!?!? I have google maps photo evidence, as well as camera phone evidence that there is no sign of a 20mph limit, and there IS a road marking of 30mph. Do I have enough evidence/substance to contest the fine?
Jay - 30-Mar-17 @ 11:18 PM
Juney - Your Question:
Just got speed summons for doing 35 mph past fixed camera. Bit puzzled as my Volvo XC 60 Gives a loud BOING approaching all speed cameras so am a bit puzzled as to why 35 mph has been recorded. Can camera calibration be out.Am familiar with this camera and treat it with respect at all times.

Our Response:
There may be times when a camera is wrongly callibrated, but you may need to seek a legal expert to help you with this if you were to appeal.
NoPenaltyPoints - 30-Mar-17 @ 12:36 PM
Just got speed summons for doing 35 mph past fixed camera.Bit puzzled as my Volvo XC 60 Gives a loud BOING approaching all speed cameras so am a bit puzzled as to why 35 mph has been recorded.Can camera calibration be out. Am familiar with this camera and treat it with respect at all times.
Juney - 29-Mar-17 @ 2:12 PM
Nexial - Your Question:
I recently got pulled over after doing 40mph on a road that A:) didnt have any speed repeaters and B:) didnt have any streetlighting (other than at one junction halfway down the road) I was told that this was a 30mph zone.What do you think my chances are at contesting the points and fine?I dont have any points on my license but I think its an annoyance that they are totally abusing the system and flexing their power because they think they can.

Our Response:
If there were definitely no street lights or speed limit signs, then you may stand a good chance of appealing this. Did you ask the policeman who pulled you over? Go back and double check the street lighting and signage. If they're not in place, you may have a case.
NoPenaltyPoints - 28-Mar-17 @ 12:47 PM
I recently got pulled over after doing 40mph on a road that A:) didnt have any speed repeaters and B:) didnt have any streetlighting (other than at one junction halfway down the road) I was told that this was a 30mph zone. What do you think my chances are at contesting the points and fine? I dont have any points on my license but I think its an annoyance that they are totally abusing the system and flexing their power because they think they can.
Nexial - 27-Mar-17 @ 12:43 PM
Hi, I have just found a letter on my doorstep telling me I was caught doing 36 in a 30 in a hire car two months ago, I assume it was sent to Enterprise first. This letter where it's been redirected is dated a month ago and is addressed to the house next door rather than to me, correct name but wrong address, I have never lived next door, have been at this address for 10 years now and the DVLA have my correct address. Can I challenge this because they sent the NIP to the wrong house? Thank you Leah
Leah - 23-Mar-17 @ 8:27 PM
I have been sent a NIP reminder notice from a hire car I had back in January. It doesn't state how fast I was going, should it?
Darrell - 20-Mar-17 @ 1:43 PM
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