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If you’ve been driving for many years, there’s a good chance you may have been caught speeding. When this happens, you’ll likely get fined for breaking traffic laws and rightly so. But there are very rare occasions when the speed camera can be wrong and that’s when you need to contest a speeding fine. But can you appeal a speeding ticket? This article covers everything you should know about this topic so stick around if you think you’ve been wrongly deemed to be overspeeding.
Yes, you can appeal a speeding ticket but the more important question is whether you should. The only time you could appeal one of these tickets successfully is if you received it unlawfully or if it was issued to someone other than the intended recipient. In these scenarios, you’d want to contact the police directly, explaining the situation with supporting evidence.
When you receive a speeding fine, the police will send you a Notice of Intended Prosecution (NIP). The NIP requires that you state whether you were driving the car that is registered to you or whether someone else was. You must provide this information, regardless of whether you want to appeal or not. After this, you will get a Fixed Penalty Notice (FPN), detailing how many points and how much fine you’re set to receive.
If a police officer rather than a speed camera issues a ticket, you won’t receive an NIP, instead receiving the FPN without the first step.
When Should You Appeal A Speeding Ticket?
You should appeal a speeding ticket only when you’re sure that the police wrongfully issued you with one. For example, in exceptional circumstances where the ticket was meant for another driver using a cloned plate number that matches yours, you can appeal the speeding fine. However, this is a very rare case and chances are this is not why you’re appealing your ticket.
Before getting into valid reasons for appealing a ticket, you should keep in mind that you can’t appeal speeding tickets to the police directly. You need to go through a court. More importantly, you could face an even stiffer penalty if your appeal fails.
The following reasons are also valid grounds to appeal a speeding ticket:
- The NIP Wasn’t Delivered On Time: The police have only 14 days to serve a Notice of Intended Prosecution for an alleged offence. If the NIP arrives after this deadline, you may be able to appeal successfully. However, the speeding ticket may stand if they can prove that they reasonably could have expected the NIP to arrive within 14 days.
- The Speed Limit Sign Wasn’t Legal: You may also find success in appealing a ticket if you believe the speed limit was not legal. Speed limits are backed up by legislation, and if the legislation wasn’t in place before the sign was put up, you have solid grounds for an appeal.
- Inaccurate Speed Camera: The Home Office mandates that the police regularly calibrate speed monitors and in the rare case that the police have failed to do so, it might have malfunctioned. So if you suspect that the average speed camera was inaccurate, go ahead and lodge your appeal. The police will be required to disclose calibration information in court.
- You Had To Speed: In exceptional circumstances, an appeal may be valid if you had to speed because you were in fear for your life or trying to save a life (i.e., driving someone to the hospital).
While you’re here, you can also dive into our blog post on legal driving hours for drivers in the UK.
How To Appeal A Speeding Ticket
Those who want to appeal a ticket must respond to the speeding ticket, indicating that they plead ‘not guilty’ to the alleged offence. They must state the reason they believe the fine is wrong and include important driver’s information. After doing this, court summons will be sent to their addresses. Here’s what should follow next:
- Reach out to a solicitor. Some drivers choose to represent themselves to save on legal fees but only do this if you have specialised knowledge of such matters.
- Attend your court hearing and carry along any evidence that supports your defence.
- You will receive a verdict either on the same day or some days later via mail.
- You usually won’t get an opportunity for a second appeal if it doesn’t go your way the first time and even if you do, the outcome will likely be the same.
Still on driving matters in the UK, check out the licence requirements to drive a van.
How Long Do You Have To Appeal A Speeding Ticket?
You have 28 days to appeal a speeding ticket from when you received it. Once the time frame has passed, the court will not accept any appeals you have to make. Those looking to appeal the speeding fine must indicate it in their response to the Notice of Intended Prosecution and a late response to the NIP may lead to even more serious consequences.
Those yet to secure their licence can learn all about driving an automatic car in preparation for their driving test.
How To Avoid Points On A Speeding Ticket
When you’re booked for a ticket, the speeding fine isn’t all you have to worry about. A minimum of three penalty points will usually be added to your licence, which many people will also be looking to avoid. You can avoid these points on your licence by taking a speed awareness course. However, not every driver gets this option and you can only take a course once every three years.
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Frequently Asked Questions
What Evidence Do I Need To Provide When Appealing A Speeding Ticket?
Evidence you need to provide when appealing a speeding ticket includes photographs, videos, witness statements, vehicle maintenance records, expert opinion or medical records. It all depends on the grounds for your appeal. You can consult with a lawyer or legal advisor to determine the best course of action for your situation.
What Happens After Speeding Ticket Appeals?
Decisions are made after speeding ticket appeals. The specific outcome of a speeding fine appeal depends on the court’s decision. The charges will be dismissed if the court finds the evidence against you insufficient or that there were procedural errors. However, many drivers receive increased penalties when the court finds that their appeal is without merit.
Do I Get A Speeding Ticket Every Time I Break The Speed Limit?
No, you don’t get a speeding ticket every time you break the speed limit. You only get a speeding fine when a police officer or speed camera catches you speeding. Even then, you can avoid a speeding ticket if the police believe you have a valid reason to speed, such as in an emergency. Another situation where you can avoid a speeding ticket is if the speed limit signs are illegal.
Is It Worth Appealing Speeding Tickets?
It’s worth appealing speeding tickets when you have a strong case. When you have evidence to dispute the ticket, there’s a good chance you can get the court to overturn the decision. However, appealing a speeding ticket could have even more severe penalties if your appeal is unsuccessful. You also have to think about other investments, such as legal costs and having to attend court.
How Common Are Speed Cameras In The UK?
Speed cameras are very common in the UK. It has more than 7,000 of these devices, making it the fourth country in the world with the most. You can find a speed camera on almost any road with a speed limit. These devices are usually just on the roadside, pointing in the direction of travel, or positioned overhead on a crane.
Conclusion
So, can you appeal a speeding ticket? Yes, you can appeal a ticket anytime, but whether you should depends on the situation. If you’ve actually been caught speeding and have no grounds to appeal the alleged offence, it’s best to not waste your time. If you, however, have a valid case and are harmed with sufficient evidence, go ahead and there’s a chance you might get something out of it.
