I have received a NIP for for going 39 in a 30 zone, but im 99% sure i was only going around 34 or 35... Is it possible to challenge the Camera? IE. Its not functioning properly?

I'm no expert in this area but I'm sure any challenge would require you to prove you were only doing 34/35 - can you prove this?

Although 34/35 is still over the speed limit so I don't see the reason for the challenge.

Speed limit: 30 mph

ACPO threshold for:

a fixed penalty or a Speed Awareness course: 35 mph

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_fixed_penalty_notices/#speed

You know 39mph is "around" 34/35... as is 30...

So where's your proof you were only doing "around 34/35" and if you have proof why can you only claim to have been travelling at "around" 34/35?

Go ahead and challenge the fixed penalty/speed course and risk a bigger punishment....

What is your desired outcome?

The only way to 'challenge' this is to decline the fixed penalty and 3 points you are likely to be offered, and go to court.

If you go to court, it'll be a 'lottery' :

a) If you can show the camera was wrong and somehow persuade them that you may not have been speeding at all, you may be found not guilty.

b) if you can show the camera / device was wrong and that you were doing 34 you MIGHT get a conditional / absolute discharge. However, the starting point for 31-40 in a 30 limit (if it goes to court) is a Band A fine and 3 points, and the guideline says "must endorse", so escaping points seems unlikely ........

c) If the device is shown to be correct, the starting point is still the same (3 points and a Band A fine), but then you have to factor in that you were towards the top end of '31-40' and the fact the bench may not be impressed with your "I wasn't speeding that badly" approach, taking the fact that you aren't showing remorse and that you were 'speeding that badly' as reasons to give you a higher fine, or up to 6 points ....

I'd be checking your speedo against a GPS device if its that far out at 30ish miles an hour too!!

What type of camera?

Was any photo included in the NIP?

Provided you have not done one in the last three years you will be offered a Speed Awareness Course to dispose of the matter. This will cost you around £90, half a day of your time but no endorsement or points. If you are ineligible for that or don't fancy it you will be offered a Fixed Penalty of £100 and three points.

If you go to court denying you were travelling at 39mph but accepting you were doing 34 or 35mph you will have no realistic option but to plead guilty to speeding.

The prosecution will accept your basis of plea, you will be convicted and face a fine of a third of a week's income, £85 costs, a surcharge of 10% of the fine and three points.

If you want to attempt to escape a penalty altogether you will have to plead not guilty.

Then you will have to convince the court that the device was so inaccurate that it cannot be relied upon to prove you were exceeding 30mph (remembering the allegation is exceeding the speed limit, not travelling at 39mph).

The prosecution will produce evidence to show that the device was approved by the Home Office and was operated in the correct manner. The onus then shifts to you to prove that it was not.

Can you do that? The cost of failure is high.

The fine will be half a week's income

(you lose your discount for a guilty plea)

and the 10% surcharge, three points and costs of at least £620

(considerably more if your defence means the prosecution have to instruct expert witnesses).

In summary, four choices:

1. Speed Awareness Course (Around £90, plus half a day of your time)

2. Fixed Penalty of £100 and three points.

3. A court appearance. Plead guilty. Fine and costs of a few hundred pounds and three points (absolutely no point at all in doing this)

4. A court appearance. Plead Not Guilty. Probably be convicted. Costs of Failure probably around £1,000 and three points.

So...you pays your money and takes your choice (or more properly, you makes your choice and pays your money).

the radar is more accurate than all of the other bits of the camera

even if you challenge the evidence offered to you,

namely the photographs

you wont get a true error that will be as far out as 4mph at this speed

unless they let you disassemble the camera and test all of the components with a more accurate measuring system than their oscilloscope etc

You wont be able to find even the errors that are there and measurable.

In short, they test the camera systems against a standard checklist and as far as the law goes it is right and you are wrong..

I have a circuit diagram for a gatso filed away somewhere.

Portable devices are another matter,

there is scope for big operator errors rather than wonky equipment

Did you pay up?