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: 23 Apr 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]
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
hi i was stopped a few weeks ago, initially for having my front number plate on my dash, genuine mistake as i took it off the day before while i sprayed my bumper, when police stopped me i had the plate tape in the car i asked if i could put it on there and then, but he refused, sent me 100.00 fine. also i hadcanards on the front of my bumper, the policeman thought these dangerous, even though my mot passed with them on and just mentions them as advisory aftermarket canards, he was going to take my car but i convinced him to allow me to take them off, which he saw me do! he still sent me a fine and 3 points on my licence. do you think if i appealed the latter i may have a chance not to receive the points?
sandy - 20-Mar-18 @ 10:35 PM
Kris - Your Question:
I was recently pulled over by an unmarked police car for driving in the middle lane and was told I should have pulled into the slower lane. I had my cruise control and was doing exactly 70mph. I stayed in the middle lane as a lorry was further ahead and a junction was also coming in about a mile. I am currently awaiting to receive a letter for driving without due care and attention. I feel harshly done for driving the speed limit on the motorway. It was after the rush hour and was quiet. The fast lane was free for anyone to overtake me. I don't know whether to contest it in court? The copper did say I may be offered a course to avoid points and a fine.

Our Response:
The middle lane is for overtaking only. If you were not using the middle lane to overtake a vehicle, then it can be classed as a careless driving offence.
ComplaintExpert - 2-Mar-18 @ 3:17 PM
I was recently pulled over by an unmarked police car for driving in the middle lane and was told I should have pulled into the slower lane. I had my cruise control and was doing exactly 70mph. I stayed in the middle lane as a lorry was further ahead and a junction was also coming in about a mile. I am currently awaiting to receive a letter for driving without due care and attention. I feel harshly done for driving the speed limit on the motorway. It was after the rush hour and was quiet. The fast lane was free for anyone to overtake me. I don't know whether to contest it in court? The copper did say I may be offered a course to avoid points and a fine.
Kris - 27-Feb-18 @ 4:54 PM
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.