Speeding
Primary Content Source: Andrew Sweetman
Overview:
Step 1: What to expect
Step 2: Paying the fine
Step 3: Challenging the fine
Step 4 – Disqualification
Government information around speeding fines can be found here: https://www.gov.uk/parking-tickets/challenging-a-ticket . A summary of the position is set out below. Although this section focuses on speeding, you may receive a Fixed Penalty Notice for a wide variety of traffic offences such as tailgating or failing to following traffic signs or lights.
Step 1 – what to expect
If you were caught by a speed camera, you should receive a Notice of Intended Prosecution (NIP) in the post at the address to which the vehicle is registered, alongside a ‘section 172’ notice, requiring you to tell the police who was driving the car. You must return the notice within 28 days to avoid committing an offence and receiving penalty points and a fine. (There are some limited defences, such as being able to show it was not possible to respond to the notice or find out who the driver was, for example if the vehicle was stolen). You will then either receive a Fixed Penalty Notice (FPN) or a letter requiring you attend court.
If you are the registered keeper of the vehicle and the NIP sent to you has an issue date of more than 14 days from the date of the alleged speeding offence, then you should be able to return the notice to the processing office informing them it is out of time (see s.1 of the Road Traffic Offenders Act 1988). This time limit does not apply where the police were not able to ascertain the keeper’s name and address with due diligence within that time.
If you were stopped by police, they may give you (or later send you) an FPN, or a letter requiring you to attend court. Alternatively, they may let you get away with a verbal warning depending on your speed (and in all likelihood, their mood!).
Step 2 – paying the fine
An FPN will state the penalty to be paid if you plead guilty to the speeding offence, currently £100 and 3 penalty points on your licence. You may be offered the opportunity to attend a speed awareness course instead if you haven’t done so in the last three years, and if the police consider this appropriate. If they do not offer this or they do but you decline, you can either accept the speeding charge and pay the fine or challenge the FPN.
If you decide to pay the fine you must do so within 28 days or you may be ordered to attend court; once you have paid the fine no further action will be taken. You can usually pay the fine online here: https://penaltynotice.homeoffice.gov.uk/. You can check the ticket for other ways to pay.
If you accept the fine (or challenge the fine and are found guilty), you should let your insurance provider know. Your premiums are likely to increase. The points will stay on your licence for four years. The speeding offence will usually appear on a criminal record check for five years from the date your licence is endorsed (although speeding offences are often ignored by employers), after which time it becomes ‘spent’.
Step 3 – challenging the fine
You can challenge an FPN by responding using the form in the FPN and returning it within 28 days of receipt. If you do not pay the fine set out in the Fixed Penalty Notice, or if you challenge the FPN, you will have to attend a Magistrates’ Court hearing. If you are found guilty of speeding at a hearing, you may be asked to pay a larger fine (up to level 3 (currently £1,000) on a normal road or level 4 (currently £2,500) on a motorway) and get more penalty points than that set out in the FPN (up to 6 points), so this is a riskier option. You may also be disqualified, normally for no longer than 56 days, or have your licence suspended.
It is important to note that the court is likely to find you not guilty only if you can prove beyond reasonable doubt that you were not speeding, were not driving the car, that the signs were unclear, or that the details in the NIP were wrong. The prosecution only need to prove that the defendant was driving a motor vehicle on a road at a speed exceeding the limit imposed on that road. Your case will have to be strong and backed up by clear evidence to convince the magistrates. You can also ask for the camera calibration certification certificate to be produced in court in case you think the camera was faulty.
If you do go to court, you may defend the charge by sending a letter, although your arguments will have the most force, and the magistrates are likely to be more sympathetic, if you attend in person.
Step 4 – disqualification
If you could be disqualified at court (for example, because the points on your licence will be ‘totted up’ to 12 or more) or have your licence suspended, then you can argue that there is mitigation or ‘special reasons’ which mean you should not be (see s.34(1) of the Road Traffic Offenders Act 1988). You will need to show a clear and compelling case to the magistrates and persuade them that it is more likely than not that the facts behind those reasons existed. However, the decision not to disqualify a driver where the magistrates would be entitled to do is discretionary.
Your mitigation should set out the full consequences to you and your family of not having a licence. These arguments will be made either in person (by you or a representative such as a lawyer or litigation friend) or in a letter you have sent to the court. They should also be apologetic and make clear you are aware of the dangers of speeding. Straightforward denials that you were not speeding without any evidence to support this will almost certainly go down badly with the magistrates.