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: 9 Jul 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]
hey thanks for the reply this a followup to it. I didn't feel i was at all it was a gradual acceleration i was in no hurry. I've never contested one before so have no idea the procedure to go through, i was just sent the letter last week asking for me to pay the fine and hand in my license to get the 3 points. I have heard conflicting things, some people who have family lawyers advising to contest as they dont go to court ( costs too much etc... ) and others warning that it could potentially lead to a bigger fine,more points and court costs. The argument for it not going to court is they dont have the money here in scotland to chase it up and they might offer a fine only compromise etc.. However they sent out 3 pictures and a certificate of the speed camera being calibrated the month before... so if they felt it was concrete they would have no reason not to take it to court as it wouldnt be out of their own pocket but mine.
fendertele - 9-Jul-18 @ 2:57 PM
@fendertele - The law states that you are liable for a speeding fine as soon as you exceed the limit, so if you’re doing 31mph in a 30 limit, you’re breaking the law. But if you can prove your car can't go 0-41 in the time you were flashed you might have a point. It's a tricky one. If you're speeding your speeding, so if you were doing 34 mph you're still speeding.
GreG - 9-Jul-18 @ 9:54 AM
Hi, I am a new taxi driver. I was parked at a set of lights and when they turned green and i drove off i was flashed 3 times, i didnt think it was for me at the time as there was another car going the other direction at speed and i thought it might have set it off. But the letter came through my door asking for me to name myself as the owner of my car, i contacted the police the next day and asked if they could send me the images as i didn't believe it could be true. they sent 3 pictures of my car 2 showing my car and the white lines and one with my reg plate in clear view and also a certificate of calibration. The thing is my car has a slight alignment issue and when im starting from a stop i always hold the biting point for a second to make sure the car is going where i want it to go.... so the idea of me getting up to 41mph in such a small space of time really makes me doubt it is accurate.... however when i first passed my test, i got 6 points in my first year... i haven't had any since but i'm afraid if i contest this that it will go against me... and risk getting more points and a bigger fine, the fine isn't the issue i just dont want the points as i drive for a living. What would you recommend ? contest or just accept the fine and points ? thanks
fendertele - 8-Jul-18 @ 8:30 AM
@Haydenh - yeh, that excuse is not going to work mate. But nice try :)
NeilB - 3-Jul-18 @ 11:59 AM
I pulled out my drive and webt down the main road making sure i got up to speed to keep up with traffic and no one crashing in the back of me i saw a man with a gun to me a black speed gun should not be black as i felt like it was a real one and sped up over 40 in a 40 i have not yet recieved a letter but pretty sure i will....is it worth complaining or not as to me i actually thought a man was going to shoot me and i didnt no it was a policemen till i passed him.
Haydenh - 2-Jul-18 @ 8:39 PM
I was caught speeding and this was felt with by 3 points and £100 fine. I have just received a letter stating I am being taken to court for the same offence and had the £100 refunded. How can this happen 6 months after the event?
Steved - 30-Jun-18 @ 10:45 AM
Nicole - Your Question:
Hi. My car was caught doing 41 in a 30 miles an hour zone. I wasn't driving my car and I'm not sure who was at the time. I have been summoned to court and lost the plea letter. Does anyone know the number? And is it worth me going guilty or not? X

Our Response:
You can see more via the link here. If you are sure you're not the person driving your car at the time, then you would need to report this matter.
ComplaintExpert - 18-Jun-18 @ 12:48 PM
Hi. My car was caught doing 41 in a 30 miles an hour zone. I wasn't driving my car and I'm not sure who was at the time. I have been summoned to court and lost the plea letter. Does anyone know the number? And is it worth me going guilty or not? X
Nicole - 16-Jun-18 @ 9:13 AM
Ho Goldie, may i know what happen to your case? Did they revoke your license? Thanks
Alfred - 3-Jun-18 @ 7:51 PM
Milo - Your Question:
I have received my penalty offence Although I was driver but at that time, that camera catch me my speed reading wasn’t work properly.that why wen I got first letter ,I went to mechanic and I fixed it immediately ;Because I was scared maybe it cause me over speeding in other places too and I have got receipt and every thing from the mechanic that shows my speed meter has been fixed With those thing do I have any chance to apply to the court ?

Our Response:
You would have to apply to court. However, this will cost. You may wish to seek legal advice in the first instance to see whether you have a case.
ComplaintExpert - 31-May-18 @ 12:31 PM
I have received my penalty offence Although I was driver but at that time, that camera catch me my speed reading wasn’t work properly .that why wen I got first letter ,I went to mechanic and I fixed it immediately ; Because I was scared maybe it cause me over speeding in other placestoo and I have got receipt and every thing from the mechanic that shows my speed meter has been fixed With those thing do I have any chance to apply to the court ?
Milo - 29-May-18 @ 6:30 PM
Ryhz - Your Question:
I have recently received a speeding ticket from the police with the offence dated in November 2017 and the issue date is recent 28th April, so we'll after the 14 days specified from the officer who stared it would arrive before Christmas last year. Do I have a case to reject this?Many thanks

Our Response:
Only if you weren’t stopped by the police for the speeding offence (eg it was caught by speed camera), does the notice of intended prosecution need to be sent within 14 days.
ComplaintExpert - 30-Apr-18 @ 2:09 PM
I have recently received a speeding ticket from the police with the offence dated in November 2017 and the issue date is recent 28th April, so we'll after the 14 days specified from the officer who stared it would arrive before Christmas last year. Do I have a case to reject this? Many thanks
Ryhz - 28-Apr-18 @ 11:29 AM
Hi please remember that the innocent have the right to be protected at all times .
Mick - 27-Apr-18 @ 11:13 AM
Hi there have been over 1.2 million speeding tickets issued if ONLY 1per cent were issued incorrectly that amounts to over 20 thousands innocent people wrongly convicted for speeding ,that is totally unacceptable,the speedingchecking devices should be 100 per cent accurate at all times.if they are not then they should not be used at all.the innocent have the right to be procured at all times.the law needs to be changed so the the innocent are never wrongly convicted
Mick - 27-Apr-18 @ 11:06 AM
Hi there are many things that can go wrong with the test results the weather was it cloudy raining or windy etc even the colour of your vehicle was it black or red.were you being over taken at the same time .have you asked for to see the evidence.also proof that the equipment as been well maintained and serviced . also as the officer been fully trained etc.it may be a waste of time sending any letters.. Even though it asks for you to attach any further information.if you are innocent. may be very difficult to prove as well as being very expensive.finally you will not got much help from the police.as it is all a money ?? generating .the innocent have to grin and bare it
Mick - 27-Apr-18 @ 8:48 AM
Amezz - Your Question:
Does a NIP need to be sent within 14 days? What happens if it sent out of the timeframe? Also what if the person driving is on disability benefits, how much do they pay?

Our Response:
Much depends upon the 'issue' date of the notice, not the time frame in which is was received. Only if the issue date is more than 14 days after the offence can you question/reject it. You are required to pay any parking or traffic fines that are imposed regardless of having a disability or being in receipt of disability benefits.
ComplaintExpert - 24-Apr-18 @ 10:49 AM
Does a NIP need to be sent within 14 days? What happens if it sent out of the timeframe? Also what if the person driving is on disability benefits, how much do they pay?
Amezz - 23-Apr-18 @ 11:00 AM
Hi, My partner was stopped by police using a hand held speed cam.He was apparently doing 64 mph in a 40 mph zone. 1) we have an overspeed limiter on our car set to 41 mph, which didn't go off. 2) we took the car to the mechanic the next day to query why it didn't go off and were told it was functioning correctly and set at the right speed. 3) the police were located on a stretch of road which has 3 static cameras.They were between 2 static cameras. None of the static cameras before the police position went off. 4) it was rush hour on a busy A road, hardly likely 64 mph could be possible in those circumstances. 5) another car passed my partner on the nearside lane and was not stopped by the police. We have got cover for motoring offences via our home insurance and have been allocated a solicitor, but I wasn't hugely confident that she has had much experience in this specific area.When I suggested that we would need an expert report on the reliability of these hand held speed cams, she told me that the 2 panel 'experts' they use for reports are FCIR and Viewpoint Investigations, both of which appear to deal with crash type reports. My view is that although on the face of it, there is serious doubt that the speed cam was either functioning correctly, or more probably was indicating a false reading due to a well known problem of 'slippage', we will almost certainly require an expert report to back this up.Does anyone know of such an expert that I could contact?Additionally, it might be best to switch to a solicitor with more experience contesting these types of speeding offences, in which case, are there any recommendations? Thanks.
primocat - 20-Apr-18 @ 1:56 PM
Hi, My partner was stopped by police using a hand held speed cam.He was apparently doing 64 mph in a 40 mph zone. 1) we have an overspeed limiter on our car set to 41 mph, which didn't go off. 2) we took the car to the mechanic the next day to query why it didn't go off and were told it was functioning correctly and set at the right speed. 3) the police were located on a stretch of road which has 3 static cameras.They were between 2 static cameras. None of the static cameras before the police position went off. 4) it was rush hour on a busy A road, hardly likely 64 mph could be possible in those circumstances. 5) another car passed my partner on the nearside lane and was not stopped by the police. We have got cover for motoring offences via our home insurance and have been allocated a solicitor, but I wasn't hugely confident that she has had much experience in this specific area.When I suggested that we would need an expert report on the reliability of these hand held speed cams, she told me that the 2 panel 'experts' they use for reports are FCIR and Viewpoint Investigations, both of which appear to deal with crash type reports. My view is that although on the face of it, there is serious doubt that the speed cam was either functioning correctly, or more probably was indicating a false reading due to a well known problem of 'slippage', we will almost certainly require an expert report to back this up.Does anyone know of such an expert that I could contact?Additionally, it might be best to switch to a solicitor with more experience contesting these types of speeding offences, in which case, are there any recommendations? Thanks.
primocat - 20-Apr-18 @ 12:25 PM
@Mel - no. Those are the rules. You've committed the crime, you have to do the time, so to speak. You can't strike a bargain with the law.
GFB - 17-Apr-18 @ 2:31 PM
I have been disqualified for 6 months and given 8 penalty points (Dvla codes IN10, LX20 & SP30). Do you there's any chance that they can reduce my points to 6 if I appeal due to being offered a job promotion which will start after my bans up but requires me to have no more than 6 points on license
Mel - 13-Apr-18 @ 3:40 PM
Red - Your Question:
I have just received a letter from court regarding my car being caught speeding in an area that I have never even driven in. It states that a letter was sent to my address requesting the details of who was driving at the time and because no response was given, a fine and points have automatically been issued. I have never received any letters regarding this matter and I'm unsure how to go about this as I know for sure I have never driven there nor do I give my car to anyone else to drive.

Our Response:
As the information in this article hasn't answered your question in full, I will direct you to one of our partner sites which should help further answer your question, here. I hope this helps.
ComplaintExpert - 10-Apr-18 @ 11:43 AM
I have just received a letter from court regarding my car being caught speeding in an area that I have never even driven in. It states that a letter was sent to my address requesting the details of who was driving at the time and because no response was given, a fine and points have automatically been issued.I have never received any letters regarding this matter and I'm unsure how to go about this as I know for sure I have never driven there nor do I give my car to anyone else to drive.
Red - 9-Apr-18 @ 5:47 PM
Giosua - Your Question:
Hi I have just checked my driving licence and I have all of a sudden got 12 points and been convicted of not giving the information of a driver 2 times. they come from my old employment which I was no longer working for during both the offences. what do I need to do to get this rectified?

Our Response:
Fisrt of all you would have to speak to your employer directly regarding this matter in order to ascertain what has happened. You then need to contact the DVLA with the evidence in order to try to sort it out.
ComplaintExpert - 9-Apr-18 @ 2:00 PM
Hi I have just checked my driving licence and I have all of a sudden got 12 points and been convicted of not giving the information of a driver 2 times. they come from my old employment which I was no longer working for during both the offences. what do I need to do to get this rectified?
Giosua - 7-Apr-18 @ 3:34 PM
Kenzie - Your Question:
Iv received a letter saying I was speeding in london but it only says I have to pay a fine does that mean I get no points

Our Response:
The minimum penalty for speeding is a £100 fine and 3 penalty points added to your licence. Please see link here, which will help further answer your question.
ComplaintExpert - 6-Apr-18 @ 2:08 PM
Iv received a letter saying I was speeding in london but it only says I have to pay a fine does that mean I get no points
Kenzie - 31-Mar-18 @ 6:26 PM
@Goldie - you might be offered a speed awareness course instead. It's up to the police whether they will offer you it though.
Si67 - 23-Mar-18 @ 3:30 PM
I have been caught doing 50mph in a 40 zone twice in two days on the same road. It was really early in the morning and I really thought it was a 50mph zone. It's no excuse and Yes I wasn't observant enough, I totally understand that and deserve a penalty. Although I am now facing 6 points and the possibility of losing my license, and since I have only just past my test 9 months ago i feel a little hard done by if I was to have my license revoked. Is there anyway out of this or am I completely screwed. Please, any help would be appreciated. Could I appeal for 3 points and the fines?I just received the NIP today and I'm now totally bricking it.
Goldie - 21-Mar-18 @ 7:36 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