How to Contest a Speeding Allegation

Have you just got a speeding ticket? You may be feeling a bit cross. Don’t worry you’re not alone. Every month over 130,000 people come to our website for advice on things like this.

In this article, we’ll explain:

• The reasons you might get a speeding fine.
• How much a speeding fine might be in the UK.
• How to work out if you need to pay the fine or not.
• Steps to take if you want to challenge the fine.
• How a fine might change your car insurance costs.

Our team knows a lot about fines because some of us have had them too. We know how you might be feeling, and we want to help you understand what to do next.

We’ll also talk about other types of fines, like parking fines, and how to deal with them. So, if you’re ready to find out more about how to handle a speeding fine, let’s get started.

Can I contest a speeding fine?

You have the right to challenge a speeding fine in the UK. One common reason is that you weren’t driving when the fixed penalty notice was issued.

Other common reasons used to challenge a speeding fine include:

• The Notice of Intended Prosecution (NIP) you got was wrong and had incorrect information in it
• Road signs showing a speed limit were missing or incorrect 
• The equipment used to measure my speed was not used correctly, or it wasn’t calibrated correctly

These are just a few examples of valid reasons for an appeal. If you’re interested in a few more, here’s a table I recommend you check out.

Issue to check	Possible evidence	Important limit
The alleged offence did not occur	Contemporaneous photographs, video or reliable records.	The relevant legal elements and evidence must be assessed.
Valid insurance or entitlement	Policy documents or DVLA records covering the exact time and use.	Holding a document now does not prove cover or entitlement at the time.
A recognised statutory exemption	Evidence establishing the exact exemption, such as an applicable medical exemption.	An emergency or misunderstanding does not automatically amount to a defence.
Identity or vehicle details	Evidence of a mismatch, mistaken identity or cloned vehicle.	Follow the notice’s response requirements; do not invent a driver or account.
Signage or equipment	Photographs and reliable evidence relevant to the alleged offence.	A malfunctioning speedometer is not a general defence to speeding. Seek legal advice before contesting.

FPNs do not use the same appeal procedure as council PCNs. Follow the notice; contesting the allegation may require a court hearing. Paper tax discs have not been required since 1 October 2014.

A defence must address the legal allegation and evidence. An excuse, minor clerical error or disagreement with a measurement does not automatically invalidate the case.

» TAKE ACTION NOW: Get legal support from JustAnswer

Should I appeal the ticket?

You have the right to appeal a speeding ticket. But whether it’s worth it or not is another matter. A court may decide the police have enough evidence against you. The result? A relatively small speeding fine could be a lot more expensive.

Successful appeals against speeding fines tend to be based on ‘technicalities’. For instance:

• How was the speeding ticket issued?
• Where was the fine issued?

Failing to provide driver information when legally required is a separate offence, normally carrying six points and a fine of up to £1,000. There are limited statutory defences. Seek advice if you genuinely cannot identify the driver despite reasonable diligence.

There is no reliable success-rate figure established here. The prospects depend on the facts, evidence and applicable law, and a conviction after contesting the case can bring higher costs.

Can I represent myself?

You could represent yourself if you decide to challenge the speeding ticket. It’s certainly cheaper to do so. But understanding the law and having enough evidence to support your case is essential.

My advice? If you are convinced you’ll beat a speeding fine, seek legal representation and advice.

What steps do I take to contest a speeding fine?

First respond to any section 172 driver-identification request accurately and on time. If you then receive a fixed-penalty offer and dispute the allegation, follow its court-election instructions. A plea is entered in the court process, such as in response to a Single Justice Procedure Notice, not simply by marking a NIP not guilty.

How long will it take to get a speeding fine?

You’d get a Notice of Intended Prosecution (NIP) through the post if you were caught speeding by a camera. That said, the NIP could be verbal if you were caught by a police officer using a radar gun.

A first Notice of Intended Prosecution normally must be served on the registered keeper within 14 days, but statutory exceptions apply, including where the police could not identify the keeper with reasonable diligence. A later notice to a nominated driver does not have the same 14-day deadline.

How long do I have to respond to a NIP?

A section 172 request for driver details normally requires a response within 28 days, even if you dispute the alleged speeding or the timing of the NIP. Give accurate information; if you cannot identify the driver, seek advice promptly rather than guessing or ignoring the request.

What common defences could I use?

There are some common defences you could use to challenge a speeding ticket. This includes:

The Notice of Intended Prosecution (NIP) contains incorrect details. This could be the time of the speeding offence and the location.

• You weren’t the driver when the speeding ticket was issued. However, you must provide information on who was driving, giving their names and addresses, or you could face a hefty fine.
• Speed limit signs were incorrect or missing altogether
• Measuring equipment to measure the speed you were doing was not calibrated or used incorrectly

How much is a speeding penalty?

When you are just over the speed limit, the lowest penalty you may pay is £100, with three penalty points. However, you may be banned from driving if you get 12 points or more under the Penalty points system UK.

The highest speeding penalty is £1,000, but on a motorway, it could be as much as £2,500 (maximum).

The table below summarises England and Wales court sentencing guidance. It is separate from the standard fixed-penalty offer, and the court considers aggravating and mitigating factors.

Below, I share a table showing the speeding categories and the penalty range.

Speed Limit (MPH)	Recorded Speed (MPH)
	Band A	Band B	Band C
20	21-30	31-40	41 and above
30	31-40	41-50	51 and above
40	41-55	56-65	66 and above
50	51-65	66-75	76 and above
60	61-80	81-90	91 and above
70	71-90	91-100	101 and above
Points/fine	3 points 25-75% of weekly income	4-6 points or 7-28 days disqualified 75-125% of weekly income	Six points or 7-56 days disqualified 125-175% of weekly income

What is classed as a minor speeding offence?

Answer an insurer’s questions about motoring offences, points and courses accurately and check when the policy requires notification. Do not assume every policy requires the same immediate disclosure.

If the police offer an eligible speed awareness course and you complete it as required, it normally replaces the fixed penalty and points for that offence. You pay the course fee instead; it is not a course plus the original speeding fine.

A speed awareness course is designed to reduce the likelihood of speeding in the future and includes information about the dangers you and others face if you speed.

A course will show you the consequences of driving too fast and then educate you on stopping distances, determining speed limits on varying types of roads, and improving your awareness of your surroundings and UK road safety when you’re behind the wheel.

Course fees and availability depend on the provider and offer. Compare the actual fee and completion deadline, and answer any insurer’s questions about courses accurately.

To be offered the option of going on a speed awareness course rather than paying a fine and getting points on your licence, you must fit the following criteria:

• You normally must not have completed the same relevant course for an offence within the preceding three years, subject to the scheme’s eligibility rules.
• The speed must fall within the force’s course criteria and other conditions must be met. The commonly used 10% plus 2mph enforcement guidance is not a legal allowance to exceed the limit, and there is no entitlement to a course.

If a course is not offered, the outcome may be a fixed penalty or prosecution depending on the case. A properly completed fixed penalty normally avoids a conviction; a guilty court finding is a conviction.

To make things a bit easier, I have created a free speeding fine calculator so that you can get a quick estimate of how much your speeding fine will be.

Speeding Fine Calculator

Salary (annual)

£

Speed Limit

20 30 40 50 60 70

Alleged Speed

This is a guidance tool only and not an assessment. For accurate speeding fine figures, contact the issuing authority credit. Do not rely solely on this calculator’s results.

Impact on Car Insurance Premiums

Points or a conviction can affect insurance price and availability, but there is no fixed 5% or 25% increase. Insurers assess the code, timing, driver and policy differently.

Knowing how to contest a speeding ticket is essential

If you are unsure whether a defence exists, obtain advice before deciding. Consider the evidence, fixed-penalty deadline and potential court costs rather than relying on a claimed low appeal success rate.

An initial speeding fine could be a lot more expensive if you lose. Plus, you’ll have to pay court costs.

No adviser can guarantee a win. Base the decision on a realistic assessment of the law and evidence, especially where disqualification is possible.

References

1. Unlock-Fixed Penalty Notice (FPN) / Penalty Notice for Disorder (PND)