Home > Speeding Tickets > Challenging a Speeding Fine

Challenging a Speeding Fine

By: Garry Crystal - Updated: 17 Aug 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]
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
Hello, I was caught doing 46 in a 40 zone by a mobile police van. I was under the impression that you can do 10% + 2mph. Do I have any chance of challenging this?
Jake - 13-Jul-17 @ 9:36 PM
Dan - Your Question:
I stay in Scotland and I was supposedly "caught" on a 30 mph road while going at an alleged "42 mph" this came from a policeman who had a radar type gun that recorded my alleged speed. My dash cam however didn't pick up the police car on record and I'm quite sure there is no video evidence of the police of me going at "42 mph" I'm wondering does the car have to be seen to take a reading, does it have to be recorded if so is it best to contest it in court?

Our Response:
It could have been following you so would not be caught on a forward facing dash cam. Or perhaps a camera on a motorway bridge etc - slightly out of sight?
NoPenaltyPoints - 30-Jun-17 @ 2:13 PM
I stay in Scotland and I was supposedly "caught" on a 30 mph roadwhile going at an alleged "42 mph" this came from a policeman who had a radar type gun that recorded my alleged speed. My dash cam however didn't pick up the police car on record and I'm quite sure there is no video evidence of the police of me going at "42 mph" I'm wondering does the car have to be seen to take a reading, does it have to be recorded if so is it best to contest it in court?
Dan - 30-Jun-17 @ 12:19 AM
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
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