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Challenging a Speeding Fine

By: Garry Crystal - Updated: 14 Jul 2018 | 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]
I was travelling 38 on a supposedly 30 road but there is no signs for speed limit or warning signs for camera it was a duel road so I thought it was 40 camera van parked on path have I got grounds and can anyone help as to what to do just reviewed nip help would be appreciated
Marko - 14-Jul-18 @ 12:23 PM
I’ve just been sent a fine for doing 71mph in a 70mph zone. I’ve seen some articles about going just 1mph over the speed limit and that it shouldn’t be charged for can somebody please advise
Robster78 - 11-Jul-18 @ 1:01 PM
I got flashed travelling back north along the M5 last night. The variable speed limit displayed 40mph, but there was none alight before that at say 50/60 to steady the slow down to 40. I was slowing down from 70 as I got flashed. As this only happened last night I don't know what speed I was actually going until the NIP turns up. I didn't feel safe breaking sharply enough to reduce my speed from 70 to 40 in time for the camera. Would this be a reason to challenge as surely safety comes first.
M5Variabke - 11-Jul-18 @ 1:35 AM
Hi, I ain’t sure I got flashed but I have been having car issues with the drive train but every so often I get power back and the car picks up speed suddenly, this has all happened today, will this be enough to get off with the offence.
Toto - 5-Jul-18 @ 10:56 PM
Hi ,I got caught doing 24mph in a 20mph zone I came out of a 30mph side street into the 20mph road and the first 20mph sign I came to was a little small repeater sign right where themobile camera was so didn't have time to slow down ,also there was no 20 markers on the road any help guys ?
Steve - 4-Jul-18 @ 12:34 PM
Dave - Your Question:
I have just been ‘flashed’ on the M62 smart motorway. I was doing 70mph, no overhead signs were on, then the next overhead sign (approx.5 mile away) said 60mph. How can I prove there were no 60 signs on the part I was flashed?

Our Response:
It's sometimes possible to get a record of the speed limits and timings from the Highways Agency. Give it a try if you do receive an NIP.
NoPenaltyPoints - 4-Jul-18 @ 10:52 AM
I have just been ‘flashed’ on the M62 smart motorway. I was doing 70mph, no overhead signs were on, then the next overhead sign (approx .5 mile away) said 60mph. How can I prove there were no 60 signs on the part I was flashed?
Dave - 4-Jul-18 @ 12:15 AM
Iqkz - Your Question:
Hi, I received an NIP and conditional offer of fixed penalty point notice for a allegedly doing 35 on a 30. I don’t think this is true because I remember braking before the speed camera but I got flashed at 33 (according to my digital dash)Is there a way I can challenge this?Thanks

Our Response:
You would have to seek professional legal advice to challenge this. We can't give any techical advice on camera accuracy, calibration etc.
NoPenaltyPoints - 20-Jun-18 @ 11:57 AM
I have received an NIP stating that I was captured doing 59mph in a 30 zone by a mobile camera van. I know this road well and know that I was actually doing between 25 and 30mph at the time. The photo evidence has another car close to the back of mine and the crosshairs of the speed camera are on that vehicle not mine but it has picked up my number plate. Is this enough to prove my innocence?
Innocent62 - 19-Jun-18 @ 12:07 AM
Hi, I received an NIP and conditional offer of fixed penalty point notice for a allegedly doing 35 on a 30. I don’t think this is true because I remember braking before the speed camera but I got flashed at 33 (according to my digital dash) Is there a way I can challenge this? Thanks
Iqkz - 16-Jun-18 @ 4:54 PM
Fay - Your Question:
Hi I have received an NIP. It is a company car and I was the driver at 11.04pm. It was in an area with average speed cameras. The vehicle speed was 70mph. I don’t doubt that I was doing that speed. It was late and the road was empty. My question is that the NIP says that the Offence Details are: Exceed speed limit for goods vehicle not exceding 7.5 tonnes. The vehicle is a Mitsubishi L200 and as far as I can find out is not in this category. If it were, the speed limit would be 50mph but for a car it would be 60mph which is presumably a lesser offence. What do you recommend that I do?I look forward to hearing from you.

Our Response:
You can check how this vehicle is classified by the DVLA here if you know the registration number - but we think it is classified as a light goods vehicle.
NoPenaltyPoints - 12-Jun-18 @ 3:46 PM
Hi I have received an NIP. It is a company car and I was the driver at 11.04pm. It was in an area with average speed cameras. The vehicle speed was 70mph. I don’t doubt that I was doing that speed. It was late and the road was empty. My question is that the NIP says that the Offence Details are: Exceed speed limit for goods vehicle not exceding 7.5 tonnes. The vehicle is a Mitsubishi L200 and as far as I can find out is not in this category. If it were, the speed limit would be 50mph but for a car it would be 60mph which is presumably a lesser offence. What do you recommend that I do? I look forward to hearing from you.
Fay - 11-Jun-18 @ 5:46 PM
Brian - Your Question:
Hi, I received an NIP yesterday stating I was caught doing 47 in a 30 by 'manned equipment.' But the road is a 40 limit, I drive it every single day and I even double checked the speed limit today and it's definitely a 40! Granted I was still speeding, but do I have a case to dispute?

Our Response:
The penalty for doing 47 in a 40 would be far lower than 47 in a 30 - i.e 47mph in a 40 would probably result in a speed awareness course or £100 fine plus 3 points. In a 30 zone, you definitely wouldn't be offered a course and you are not far off a court summons. It may be a mistake on the NIP in which case you may still be penalised. Return the NIP form with a cover note stating that the speed limit on that stretch of road is 40mph.
NoPenaltyPoints - 11-Jun-18 @ 11:19 AM
Lascott - Your Question:
I had a speeding fine through in the name of my 7 year old daughter, is this worth challenging. I was driving on the motorway and the overheads read 50. I was slowing safely fro. 70 to 50 and they clocked me at 62, as I was slowing.

Our Response:
Check that your registration document (v5) is correct. It may be that it needs changing. If the name on the V5 is incorrect with the DVLA there's not much you can do. If the name on the NIP is a mistake and is markedly different to your own, then you might be able to reject the NIP. If however, you daughter's name is similar to your own and it's clearly just a typographical error, it will be allowed under the slip rule and you won't be able to reject it.
NoPenaltyPoints - 8-Jun-18 @ 3:17 PM
VJ - Your Question:
I have received a speeding fine for doing 37mph in a 30 area. Although the road signs were on separate poles, the lead up to the signs are obscured by the foliage on the trees.I am also a dog walker with hot dogs in the car and was taking them home as quick as possible to ensure that they do not overheat.I am a newly self employed (6 months) and this fine or having to attend a course would cause financial hardship and potential loss of business. Should I challenge the fine for any of these reasons?

Our Response:
If you were entering a 30mph zone and both speed limit signs were obscured, you may be able to appeal. The hot dog excuse won't work unfortunately.
NoPenaltyPoints - 8-Jun-18 @ 2:58 PM
Hi, I received an NIP yesterday stating I was caught doing 47 in a 30 by 'manned equipment.'But the road is a 40 limit, I drive it every single day and I even double checked the speed limit today and it's definitely a 40!Granted I was still speeding, but do I have a case to dispute?
Brian - 8-Jun-18 @ 9:13 AM
I had a speeding fine through in the name of my 7 year old daughter, is this worth challenging. I was driving on the motorway and the overheads read 50. I was slowing safely fro. 70 to 50 and they clocked me at 62, as I was slowing.
Lascott - 7-Jun-18 @ 1:57 PM
I have received a speeding fine for doing 37mph in a 30 area.Although the road signs were on separate poles, the lead up to the signs are obscured by the foliage on the trees. I am also a dog walker with hot dogs in the car and was taking them home as quick as possible to ensure that they do not overheat. I am a newly self employed (6 months) and this fine or having to attend a course would cause financial hardship and potential loss of business. Should I challenge the fine for any of these reasons?
VJ - 7-Jun-18 @ 9:41 AM
Celine - Your Question:
I received an NIP stating that my vehicle was going at 29mph in a 20mph zone at 00:36 (12:36am) on 29/05/18. However I was not driving at this time. I had already reached home and parked my vehicle by 11:54pm which I have proof of. Nobody else drives my vehicle other than me so I'm certain nobody else could have been driving it at that time. A photograph has been included but it does not display any details at all such as time, location, speed, distance etc. Can I challenge this? What do I do?

Our Response:
You could consider replying and saying that you are the registered keeper but you were not driving at the time? You will be asked to supply names of other drivers, so just say that you were driving that evening but had already arrived home. It may be that their clock data is incorrect, we're not sure whether this is accepted as a reason to reject the NIP though.
NoPenaltyPoints - 6-Jun-18 @ 2:38 PM
I received an NIP stating that my vehicle was going at 29mph in a 20mph zone at 00:36 (12:36am) on 29/05/18. However I was not driving at this time. I had already reached home and parked my vehicle by 11:54pm which I have proof of. Nobody else drives my vehicle other than me so I'm certain nobody else could have been driving it at that time. A photograph has been included but it does not display any details at all such as time, location, speed, distance etc. Can I challenge this? What do I do?
Celine - 5-Jun-18 @ 7:14 PM
AD - Your Question:
I have received a Nip but the offence was from 29/02/2018 can this be revoked as it was more than 14 days from the date of the offence?, I was doing 39 in a 30mph zone, it was A19 motorway, at the silverlink which in notorious for fines as the signage in the past had been wrong but im told now they have them positioned correct there has been lots of road works and many drivers have been fined.Thanks in advance.

Our Response:
Do you own the vehicle you were driving? If you're not the registered keeper (i.e it's a lease/company car etc) or you have moved house/changed vehicle recently then the 14 day rule will not apply. Our guide here may help you
NoPenaltyPoints - 5-Jun-18 @ 12:23 PM
GS - Your Question:
Hi, I've received a speeding ticket however there is another car in the photo which is clearly overtaking me and it appears that car is the one speeding. Is it possible that they have mistakenly sent the ticket to both of us? Is there any way I can contest this?

Our Response:
It's very unlikely. If you genuinely believe you were not breaking the speed limit you could try contesting it but we suggest consulting a motoring lawyer with knowledge of this kind of camera etc.
NoPenaltyPoints - 5-Jun-18 @ 11:04 AM
I have received a Nip but the offence was from 29/02/2018 can this berevoked as it was more than 14 days from the date of the offence?, I was doing 39 in a 30mph zone, it was A19 motorway, at the silverlink which in notorious for fines as the signage in the past had been wrong but im told now they have them positioned correct there has been lots of road works and many drivers have been fined. Thanks in advance.
AD - 4-Jun-18 @ 2:03 PM
Hi, I've received a speeding ticket however there is another car in the photo which is clearly overtaking me and it appears that car is the one speeding. Is it possible that they have mistakenly sent the ticket to both of us? Is there any way I can contest this?
GS - 4-Jun-18 @ 11:10 AM
With the recent review ordered of smart motorway speed limits is it worth challenging a speeding offence late at night 10.50pm when the motorway was quiet but the limit had dropped from 70 to 60 then to 50 (I didn't notice the final drop), I was clocked doing 61 thinking it was still 60. The photo appears to show the road was fairly quiet as I remembered. The grounds would be inappropriately low speed limit for the conditions as per the concerns raised by Highways England? Thanks
T - 31-May-18 @ 4:04 PM
ant - Your Question:
Hi I was caught speeding in a 20mph line and I was doing 27 mph , I have Beed driving for 5 years and have never had any speeding fine ect. Is there anything I can do to challenges this ticket

Our Response:
Not really. You were speeding....so unless there were no signs and you were unaware you were in a 20mph zone, we can't think of any reason why a challenge would be successful.
NoPenaltyPoints - 29-May-18 @ 3:18 PM
hi I was caught speeding in a 20mph line and I was doing 27 mph , I have Beed driving for 5 years and have never had any speeding fine ect. Is there anything I can do to challenges this ticket
ant - 28-May-18 @ 11:38 PM
Hi I've had a speeding fine for doing 47mph in a 40 mph area. It was in a country lanes which I assumed was national speed limit. It was a mobile camera parked just around a bend. I've been back along the road and there are two signs stating it's a 40 mph but they are obscured by trees - I've taken photos. The next sign showing it's a 40 mph is past where the mobile camera was. Can I contest it?
Jo - 26-May-18 @ 11:03 PM
Hello, I need your advice on this one. I received an NIP that I was doing 47 in a 30mph road. At first I wasn’t sure if it was a 30mph road and I have been back there and looks like they had installed some ‘new’ small signs to show the speed limit. I am sure this is a new development as I have gone past that road for over 2 years above 30 with no issues. I have been back to the road twice and for Goodness sake, I can’t seem to FIND the camera anywhere and I am also sure the speed wasnt recorded by a police gun although there is a speed camera sign there. My question is - can I challenge and ask for proof without having to resort to going to court? Could they have made up the speed that I supposedly driving? As it’s myfirst offence since my license is over 3 years do you think I d be offered a drivers awareness or will it be points and a fine? Thank you!
JJC - 23-May-18 @ 6:48 PM
lwg - Your Question:
I just received a NIP for doing 37 mph in a 30 mph zone. Caught on fixed camera:1. Date of offence recorded as 04/05/20182. Date the NIP was sent is 21/05/2018Do I have a case that the NIP has been sent late?

Our Response:
Check the actual issue date of the NIP - if it was dated before 18th May, you will not be able to reject it under the 14 day rule. If however it's dated after that and you are the registered keeper etc, then you might be able to challenge it - see our guide Dispute a Speed Ticket: NIP Sent in the Incorrect Time Frame
NoPenaltyPoints - 23-May-18 @ 3:02 PM
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