Can you appeal a speeding ticket?

Received a speeding ticket and wondering if you could or should appeal? Wonder no more

It should go without saying, but the easiest way to avoid a speeding ticket is to avoid speeding.

But if you do receive a ticket unfairly, you don’t have to take it on the chin. In this guide we’ll explain how to appeal a speeding ticket.

How common is speeding in the UK?

Speeding might be against the law, but it’s a law many drivers break. The latest government stats show that 44% of drivers break 30mph speed limits under free-flowing traffic conditions. Almost half (45%) exceed 70mph on motorways. Hardly surprising, then, that around 2.5 million speeding tickets are issued annually in the UK.

If you’re one of those millions, you may be thinking of appealing your speeding ticket.

Can you appeal a speeding ticket?

Yes, absolutely, you can appeal a speeding ticket – the more difficult question is whether you should.

You may find yourself in a situation where your car’s number plate has been cloned, and it was not your vehicle, let alone you, that was caught speeding.

In these circumstances, you should contact the police directly explaining the situation. You will be asked for any supporting evidence to prove you were not the driver. The same applies if your car was stolen, although a report of it being stolen should help in this situation.

Leaving aside this potential scenario, though, when you receive a speeding ticket in the post, you first receive a Notice of Intended Prosecution, or NIP.

The NIP requires you to say whether you were driving the car that is registered to you, or whether someone else was. Regardless of whether you intend to appeal, you are required to provide this info.

If someone else was driving, you must provide all the details at your disposal so that they may be identified; you face six penalty points and a fine of up to £1,000 for not doing this.

After this has been done and the police have received your completed form, you will then receive (assuming a speed awareness course is not offered or wanted) a Fixed Penalty Notice detailing the points and fine you are to receive.

This is the point at which you can appeal the speeding ticket by pleading ‘not guilty’ on the form.

If a police officer rather than a speed camera issued a ticket you won’t receive an NIP, instead receiving the FPN without this step.

As mentioned above, however, the real question you should be asking isn’t if you can appeal a speeding ticket, but rather:

Should you appeal a speeding ticket?

Probably not. A couple of key points to consider:

1. Speeding ticket appeals need to go to court – you can’t appeal to the police directly. You may want to pay for legal advice before embarking on this course of action, incurring costs as you do so.
2. You could face a stiffer penalty than the one you originally received if your appeal is unsuccessful.

Only around 1% of speeding tickets are appealed each year, and only about 50% of those appeals are successful.

Think carefully about whether you have legitimate grounds for an appeal. You may disagree with the speed limit you are accused of breaking – perhaps there was a reduced 50mph limit on the motorway, despite it being empty of traffic – but if you exceeded the stated limit, you are guilty of the offence.

You can consider appealing for the following reasons:

The NIP was not served on time

Police have 14 calendar days from the alleged offence to get a Notice of Intended Prosecution to you. If an NIP arrives after this period, you may be able to appeal, though if the police can show they could reasonably have expected the NIP to arrive within 14 days this reason may not be successful.

The camera equipment was not certified

Speed cameras should be regularly calibrated in line with Home Office guidelines, but you may suspect one was malfunctioning – perhaps you are being accused of hitting 60mph when you know for a fact you were sticking to 30mph. The police do not have to disclose calibration information to you – but they will need to in court, and some forces post calibration certificates online.

The speed limit itself was not legal

Speed limits are more than just signs – they’re backed up by legislation – even temporary ones. If you suspect the correct legislation was not in place you may have grounds to appeal.

It was necessary to speed

Exceptional circumstances – such as being in fear for your life or driving someone to hospital in a life-or-death emergency – may see a speeding ticket overturned. This is a rare and complex defence, however.

How to appeal a speeding ticket
1. Respond to the NIP (Notice of Intended Prosecution). State that you are not guilty of the offence.
2. Receive a summons from court. You will be given a date for your case to be heard in the magistrate’s court.
3. Prepare your case. Gather supporting evidence. You may wish to employ a solicitor who specialises in traffic offences.
4. Attend court. Present your case or have a solicitor present it for you.
5. The court will decide. You may or may not be successful in your appeal.

Appeal a speeding ticket FAQs

Can you successfully appeal a speeding ticket?

Yes, it is possible to successfully appeal a speeding ticket. Don’t enter into the process lightly, though. Be sure of your case, and if in any doubt consult a specialist solicitor who will be able to advise on the chances of success.

Is it worth contesting a speeding ticket in the UK?

It is, but only if you have strong grounds. If your appeal fails, you will be liable for legal costs and the fine will increase. Without firm evidence, don’t bother. You will be wasting your time and money.

How do you argue a speeding ticket successfully?

Check when the NIP was served. If it is more than 14 days after the alleged offence you may have grounds for a successful appeal. If the NIP arrives on time, you can check if the camera equipment was correctly calibrated. The chances are that it was, so only consider this if you are 100% certain that you were driving below the limit. You may also have grounds for a successful appeal if you can show that speed limit signs were missing or obscured, or – in very rare circumstances – that speeding was necessary.

How to avoid points on a speeding ticket?

The way to avoid points on your licence is to attend a speed awareness course. However, this is not offered to all speeding drivers. In any event, you won’t be able to attend another course for three years, so repeat offenders can’t dodge licence points indefinitely.

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