Home > Common Complaints > Complaining About a Speeding Fine or Penalty Points

Complaining About a Speeding Fine or Penalty Points

By: Elizabeth Mugan BA/BSc, PGDipLaw, BVC, CIArb - Updated: 10 Jan 2018 |
 
Speeding Fine Penalty Points Police

In the UK, you can be caught speeding in two different ways; by speed camera or by a policeman holding a speed gun at the roadside. If you get caught, you are hit with a fine and three penalty points on your license, unless you are ‘lucky’ enough to get a Speed Awareness Course in place of the points.

Traffic offences require a Notice of Intending Prosecution (NIP), which must be sent to the registered keeper of the vehicle. The NIP must arrive within 14 days of the offence to prosecute. If you think you have been ‘flashed’ and it is passed the 14 days then you are likely to be clear. If however you are stopped on the road a police officer, they can give you a verbal NIP and that is sufficient.

Contesting a Speeding Fine and Penalty Points

When deciding whether to take the matter to court, the prosecution only need prove that you were speeding. There are no such defences as you didn’t realise you were speeding, that speeding wasn’t your intention, or you were only a little over the speeding limit.

Acceptable Defences Are:

  • If you were not speeding
  • If you were not driving at the time of the offence
  • There was no proper notice of the speed limit
  • The vehicle caught on camera has been misidentified

The first step is for the registered keeper of the vehicle to send the section 172 notice back within 28 days identifying the driver. This is a legal requirement whether disputing the offence or not, under Section 172 Road Traffic Act 1988.

Afterwards, you may receive a conditional offer of Fixed Penalty Notice for a fine and 3 licence points. You may wish to write an informal letter of Appeal to the address on the notice at this stage as they are accepted in some circumstances. Detail the reason why you should not be liable for the fine. You can also check your local police stations guidelines for this.

If the police issue no official appeals option or in the event that they reject your informal appeal, then you will have to choose whether to accept the fine or dispute the ticket formally. To do this, you'll need to request a court hearing by completing the relevant section of the Fixed Penalty Notice, and attach a statement of mitigation. Send this to the address on the 'request court hearing' slip and you will receive a summons. Before you do this, you need to understand your chances of winning your speeding case, and the possible consequences of losing it.

Contesting a Speeding Fine in Court

It is advisable to seek advice from a motoring law solicitor who can help weigh up your chances of success. When you receive your summons to court, you’ll also receive a Plea and Mitigation form to complete and return before the hearing date. You can either choose to plead guilty but with mitigating circumstances (this can sometimes be done on paper out of court if you don’t face disqualification from driving) or plead not guilty. If you plead not guilty, you will give your plea at the first hearing and be asked if you wish to call any witness at trial. You’ll be given a new hearing date and time to set out your defence with your solicitor.

Requesting Evidence

You can request the police’s evidence against you before the hearing which can then help you to build a defence for your case. Examples of requiring evidence are if you believe the police have misidentified the vehicle or have got an incorrect speed, or if you cannot remember who was driving.

At Court

When at court, the prosecution have to prove that you were driving the vehicle and that you committed the alleged offence i.e. that you were speeding.

If you are found not guilty, that is the end of the matter and you are free to leave. If however, you are found guilty of the offence, there is a chance that the fine and penalty points may be increased. Magistrates have the power to impose a fine of up to £1,000 (or £2,500 if you were speeding on the motorway), between 3 and 6 penalty points on your driving license, and a possible disqualification if you were driving more than 30mph over the speed limit.

For advice on fighting a speeding ticket, contact a motoring law specialist solicitor.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Maan - Your Question:
Hi yesterday police stopped me and check all my details and said they stopped me because I didnt use indicators at 5 turns and said they said they will send me 3 penalty point and £100 fine and then they let me go.but they didnt asked me to sign any paper or anything else.so is it possible tht they will send me points.

Our Response:
If you have committed a driving offence that incurs penalty points you will receive a written notification from the DVLA. The information will include; your name, address, date time and location of the driving offence concerned. It is highly unlikely the police will overlook this matter if the officer said you would receive points and a fine.
ComplaintExpert - 11-Jan-18 @ 1:47 PM
Hi yesterday police stopped me and check all my details and said they stopped me because i didnt use indicators at 5 turns and said they said they will send me 3 penalty point and £100 fine and then they let me go .but they didnt asked me to sign any paper or anything else .so is it possible tht they will send me points .
Maan - 10-Jan-18 @ 5:47 PM
Griff - Your Question:
I have just got a fixed penalty for being on the hard shoulder on the m25 I explained to the officer that I thort I had a flat tyre but he didn't want to know he said that I was having my brake he said if I won't to argue about it I could do it in court. I am trying to find out if I would have to go back to London for the court hearing

Our Response:
You should only stop on the hard shoulder if it is a genuine emergency. You can see more via the AA link, to see whether you think you may have a case to answer here .
ComplaintExpert - 18-Dec-17 @ 2:49 PM
I have just got a fixed penalty for being on the hard shoulder on the m25 I explained to the officer that I thort I had a flat tyre but he didn't want to know he said that I was having my brake he said if I won't to argue about it i could do it in court. I am trying to find out if I would have to go back to London for the court hearing
Griff - 17-Dec-17 @ 11:31 PM
Advice. I just got 6 points and a fine for doing 52 in a 30. Caught by a police officer with a speeding gun. Basically my elderly grandmother pushed her panic alarm while staying with me. She suffes ill health and has regular falls. The alarm people couldn't get in contact or either could I so I had to rush back to check what had happened. She had had a fall and an ambulance was called. I sent in a letter outlining what had happened and a copy of the ambulance paperwork when I received the first notice and heard nothing back so assumed it was cancelled until 5 months and 29 days later that I had a court request. Sent back the paperwork again including the letter and ambulance paperwork stating I plead guilty as didn't think I needed to attend court and got 6 points and a fine.I've never in my 13 years of driving ever had anything on my licence or been pulled. Do you think that 6 points is a little to much considering my reason (don't care about the fine) as to why I was speeding or should I just suck it up and let it go!
Help karen - 27-Jun-16 @ 10:11 PM
I was caught driving 59mph in a 40mph on a dual carriageway. The Police officer was using a handheld device to capture me, despite other road users driving at similar speed to me.They decided to stop me and did not bother asking the other drivers to stop.I admitted I was over the speed limit but not once did the two officers give me a chance to explain myself. I have had a clean licence for 26 years and since this is my first speeding offence, I thought I would get a warning.I base this on discrimination as an Indian guy sharing the same road as other Caucasian drivers driving at a similar speed. I am going to appeal and see what the outcome is, as I don't believe the officers acted correctly to the situation given it was my first offence.
SurreyGuy - 28-Mar-16 @ 2:15 PM
I am not disputing that I was driving over 50 m p h on the motorway between 3.0am & 4.0am on a monday morning BUT the large signs permanently sitting on the hard shoulder (50mph) had no lights on them and all the bollards were pulled to the side of the road no workers at all !!!that I assumed the road was open to normal speed limitsI was still below 60mph (I cannot afford to take the police to court )So am I right in assuming that the speed camera`s are left on to trap motorist to make even more out of them
none - 24-Oct-15 @ 8:30 PM
last year i got caught doing 36 in a 30 i couldnt get on an awareness course they were allbusy i had to take the fine and points i sent all forms back and to my shock taking into account this is my first offence in 34 years of driving,my fine was 305 plus 3 points i have spoken to my daughter who just had a fine for doing 70 in a 50 and only got £60 and 3 points would this br correct thankslen
len - 12-Oct-15 @ 6:39 PM
@Sowie, what exactly weren't you happy with, the fact that you didn't realise it was a police car behind you or that fact that you are being punished for committing an offence? Or are you unhappy with the fact that the police officer chose to issue you with a ticket instead of letting you off? Do you realise how dangerous it is to go through a red light? You should just be glad that you only got a ticket and didn't cause an accident!
tom - 29-Sep-14 @ 1:34 PM
i gotpulled up in great yarmouth by unmarked police car for driving through a red light which i would have contested but was told if i did i would have to go to court in great yarmouthits a round trip of 500 miles so its inpractical plus would cost me a fortune were can i complain about this i was not happy with the conduct of policeman who dealt with thisand would like to put a complaint in
sowie - 26-Sep-14 @ 6:09 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the ComplaintExpert website. Please read our Disclaimer.