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Challenging a Speeding Fine

By: Garry Crystal - Updated: 5 Sep 2020 | 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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Hello, my offense took place on May 23, I received the tax identification number (NIP) in words and then I was released, after a period of more than 3 months, i.e. only on September 4, I received a letter regarding this event. Is there a chance to appeal it if the tax identification number was issued on May 23?
pawels - 5-Sep-20 @ 10:24 PM
Hi received NIP from CTO Norfolk.offence was 04/03/2020 received 04/08/2020 due to lease company.I was doing 70 in a 70 but in a van I should have been doing 60.I have spoken to ticket office and asked why no offer of awareness course and they replied although I responded promptly and it was out of my control the offer had expired and I was not eligible?? I explained that according to their website I was eligible as Iwas within the speeds that qualify and I had not done a course before .The reply was I missed the 4 month deadline for a course! Well of course I did.I didn’t receive the NIP until 5 months after.The conditional offers dated the 29/07/2020 and 28 days are up today. I wish to fight this! Why should I get 3 points due to a clerical error? If I don’t pay today I assume a court date is generated automatically. I might take my chances at court I understand if it doesn’t go my way I would still get the original fine and points plus court costs of £85.Anyone faced a similar problem? or any advice would be appreciated.
MG - 27-Aug-20 @ 4:23 PM
I was pulled over today doing 77 in a 60. They have given me a printed ticket from a machine but they have got my number plate wrong. Will I get away with this?
Fozzy - 30-Jul-20 @ 9:49 PM
Hi, I have received a speeding ticking through the post. There is no photographic evidence of me driving past the limit can I dispute this ? Please help Naomi
Nay - 7-Jul-20 @ 8:04 PM
any advice and help would be greatly appriciated
gspot - 26-Jun-20 @ 10:12 AM
I also had a ticket going into dartford tunnel in the average speed saying i was doing 64 in a 50 average section, i use this part of m25 every day and i am very careful and feel this info is incorrect, tbh there is no way i was doing this speed but camera says other wise, i have asked for photo evidence and calibration certificate for this camera....lets see what i get back from them
gspot - 26-Jun-20 @ 10:10 AM
Dear All, I have received a charge for passing a red traffic light which had been illuminated for 1.7 seconds, Watsons Walk, St Albans, it's a cash cow point for police. I have given the name of the driver who was my ex-friend, I don't have his UK address but have given them his home address in Portugal. He owned and drive a car when I knew him but police saying they can't find any insurance on his name so they are prosecuting me now. Any help???
Homey - 13-Mar-20 @ 10:57 AM
I have received a speeding ticket for apparently doing 49 in 40 (variable speed motorway) but I am positive that the signs had been 50 as this was my first long journey in an electric vehicle I really kept my speed below the speed it was at all times. So my question can I request proof that it was fourth and can I ask for a picture of the vehicle been caught for the accused offence. We can all make excuses but the whole of the journey from east to west on the motorways I really made sure that I kept my speed down to make sure I had enough charge. Please advise and that you in advance
Celrick - 5-Mar-20 @ 6:59 PM
I have been really unlucky this year with twospeeding tickets. I drive a van which is leased out from a hire company to my work place. On 17/09/2019 i was caught doing 58 in a 50 at the a282 dartford approach road, but i have received this notice on the 21/11/19 can this be disputed? Second ticket i was stopped by police for no insurance and they also said i was going to fast on the dual carriageway at dartford yet again. This all aside I received a letter for a conditional offer of a fixed penalty, on the letter it doesn’t state what speed i was doinginstead it says ( for the alleged offence of speeding-exceed 5/18/20/30/40/50/60 mph for a goods vehicle - manned equipment ). They let me go for the insurance as the vehicle had fleet insurance but i dont know what this letter means in regards to the speeding offence can you help me out on this one ?
Fee - 24-Nov-19 @ 5:01 PM
Hello, I have received a speeding fine but the letter does not state what mph the speed limit was. There is a blank before the mph
RD - 20-Nov-19 @ 10:59 AM
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
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