Contesting a speeding fine?

[pivn 1]

I have been sent a fixed penalty notice to say I was travelling at 46mph on a 40mph road.

I was really surprised when I received this and more so when I saw the date and road the offence is alleged to have taken place.

 

Here goes:

 

 

I had the sat nav on all day, was doing a 200 mile round trip and know for certain that I didn't exceed the limit.

 

 

The reason I am sure I was not speeding is that at the time I was on the road in question

there were a series of incidents that made it stick in my mind:

 

 

I turned off the motorway and was tail-gated by a van for a couple of miles yet I refused to exceed the 40mph limit

(and yes, I checked the road signs tallied with the sat nav and always do), the van eventually took a turning;

 

 

after this I remembered a conversation with a friend from the day before who said it's impossible to stick to the limits on empty roads

due to other drivers going fast and the natural tendency is to go faster without thinking

- this was one of those roads, but I cruised just on/slightly below the speed limit as is my normal habit when driving;

the road in question was close to where I had to pick someone up,

 

 

on the way back I noticed the police van and thought back to the one occasion I was caught speeding,

I was smug that since that incident I no longer exceed the limit so knew I would not be caught this time;

 

 

finally I drive an old banger with a tiny engine and it's not worth my while to accelerate sharply,

which is what I would have to have done in this case as the road is punctuated with roundabouts every so often.

 

I am 100% certain I did not commit the offence.

 

 

In 25 years of driving I have been caught once exceeding the limit

- again by a police van doing 50mph in a section of road that dropped from 60 to 40

- the lights ahead were green and I should have slowed down more.

 

 

I've always been a cautious driver though before I was caught did speed if I thought it was safe to do so.

But I did the speed awareness course,

fully accepted the lessons it taught and have been a bit of an advocate of it telling other motorists to drive more carefully.

 

 

Also as a self-employed person on a low income I knew I could not afford to get a fine and points.

 

 

So I am one of those drivers who tends to annoy the racers by sticking to the limits,

driving at 28mph on 30mph roads and stubbornly refusing to drive over the speed limit,

 

 

I've just moved from West London where I was often tail-gated and cut up by impatient drivers.

 

Anyway that's the long story, had to get it off my chest.

 

 

Looking at my situation - just my memory verses a penalty notice from the police,

my only option to go to court to contest it

- I can hardly see my case being taken seriously!

 

 

Is there any other way to investigate the speed camera's calibration other than going to court?

 

 

And for the future if I can find out a way of recording my speed on journeys would that be sufficient to contest a fine?

[dx100uk 9,642]

so are you saying you drive by the satnav speed indication - thus never exceeded the limit

 

 

or do you go by you speedo that might be faulty?

[pivn 1]

Road signs, then sat nav as it's in my field of vision more than the speedometer - my work takes me to different locations and I've just relocated so I use the sat nav for most journeys. They match closely, the difference between them is only noticable at higher speeds, at its most on the motorway doing 70mph, the speedometer tends to show a speed around 3-5mph less than the sat nav.

[BazzaS 3,358]

I have been sent a fixed penalty notice to say I was travelling at 46mph on a 40mph road.

I was really surprised when I received this and more so when I saw the date and road the offence is alleged to have taken place.

 

Here goes:

 

 

I had the sat nav on all day, was doing a 200 mile round trip and know for certain that I didn't exceed the limit.

 

 

The reason I am sure I was not speeding is that at the time I was on the road in question

there were a series of incidents that made it stick in my mind:

 

 

I turned off the motorway and was tail-gated by a van for a couple of miles yet I refused to exceed the 40mph limit

(and yes, I checked the road signs tallied with the sat nav and always do), the van eventually took a turning;

 

 

after this I remembered a conversation with a friend from the day before who said it's impossible to stick to the limits on empty roads

due to other drivers going fast and the natural tendency is to go faster without thinking

- this was one of those roads, but I cruised just on/slightly below the speed limit as is my normal habit when driving;

the road in question was close to where I had to pick someone up,

 

 

on the way back I noticed the police van and thought back to the one occasion I was caught speeding,

I was smug that since that incident I no longer exceed the limit so knew I would not be caught this time;

 

 

finally I drive an old banger with a tiny engine and it's not worth my while to accelerate sharply,

which is what I would have to have done in this case as the road is punctuated with roundabouts every so often.

 

I am 100% certain I did not commit the offence.

 

 

In 25 years of driving I have been caught once exceeding the limit

- again by a police van doing 50mph in a section of road that dropped from 60 to 40

- the lights ahead were green and I should have slowed down more.

 

 

I've always been a cautious driver though before I was caught did speed if I thought it was safe to do so.

But I did the speed awareness course,

fully accepted the lessons it taught and have been a bit of an advocate of it telling other motorists to drive more carefully.

 

 

Also as a self-employed person on a low income I knew I could not afford to get a fine and points.

 

 

So I am one of those drivers who tends to annoy the racers by sticking to the limits,

driving at 28mph on 30mph roads and stubbornly refusing to drive over the speed limit,

 

 

I've just moved from West London where I was often tail-gated and cut up by impatient drivers.

 

Anyway that's the long story, had to get it off my chest.

 

 

Looking at my situation - just my memory verses a penalty notice from the police,

my only option to go to court to contest it

- I can hardly see my case being taken seriously!

 

 

Is there any other way to investigate the speed camera's calibration other than going to court?

 

 

And for the future if I can find out a way of recording my speed on journeys would that be sufficient to contest a fine?

 

Do you think these were from a fixed site / van (even if a 'Mobile site' van) where there will be photographic evidence of the speed? If so, ask for the photos to be reviewed and the charge may suddenly go away (e.g. If they show that it was a car overtaking you doing the 46 mph, and you weren't speeding).

Or a handheld device operated by a police officer, where the evidence that can be tested in court would be the police officers testimony (and the details of the device's approval and calibration)

 

You can engage a solicitor who can help you establish the evidence (or otherwise!) against you, though if it is just the speeding they are considering prosecuting, you wouldn't get legal aid.

 

Do you have motoring legal cover with your insurance?

If not, it isn't just a case of "cost of fine" vs "Cost of solicitor", as you'll need to factor in the effect of the points on your insurance / any requirements regarding points imposed by your current (and future) employer.

[pivn 1]

The notice says "manned equipment" but I only saw a van when I came back that way, not an officer with a device.

 

I have completed the form to confirm I was the driver, now I have the Offer of a Fixed Penalty... I assume I have the right at this stage to write to the police to ask for a review of the photos? Or can this only happen if it goes to court?

 

I have Motor Legal Protection on my policy, but as it will be my word and no evidence against that of a police officer with evidence I don't see how I have a case. I was going to contest it on principle but that would just make things harder for myself.

[BazzaS 3,358]

The notice says "manned equipment" but I only saw a van when I came back that way, not an officer with a device.

 

I have completed the form to confirm I was the driver, now I have the Offer of a Fixed Penalty... I assume I have the right at this stage to write to the police to ask for a review of the photos? Or can this only happen if it goes to court?

 

I have Motor Legal Protection on my policy, but as it will be my word and no evidence against that of a police officer with evidence I don't see how I have a case. I was going to contest it on principle but that would just make things harder for myself.

 

If it is you vs the police officer you aren't arguing the copper was wrong

Your grounds would be that the calibration of the device was incorrect so that it provided the officer with incorrect information.

[zoltron 25]

My experience of these matters are the camera operators are not police officers, they are usually civilians operating the camera and and trained to sit and take photographs of every vehicle that passes them. If you are contesting it your first course of action would be to set eyes on the calibration documentation.

 

If the calibration date had elapsed then they have to drop the speeding ticket, end of.