How can I challenge a speeding prosecution?

[Ronda]

I have recently received a notice of intention to prosecute me for travelling at 36 mph in a 30 mph speed limit. I recall the flash from the camera at the time of the alleged offence, and remember being surprised because when I looked at my speedometer I was only travelling at 30 mph (31/2 mph max). Is there anyway I can challenge this prosecution? Can I ask for evidence that the camera was working correctly or had been checked recently? Grateful for any advice as the NIP gives you no advice on how you can do this or who you should contact in the event of a query. Thanks

[andy hughes]

It's always worth a try, but be careful they don't hammer you for having an inaccurate speedometer, which is also an offence! They will say as a matter of course that their cameras are calibrated acurately, and you stand next to no chance of getting away with it. Far better is to send your cheque promptly, but forget to sign it. If it comes back, send another, but forget to date it. If that comes back, try again without a date or a signature - any one of these may get lost in the system, and if not, pay up and watch your speed very carefully - and get your speedo checked.

[rja211077]

Andy - well I never, you continue to shock me, there was i thinking you were a fine upstanding member of society. I never had you down as a master of skullduggery and evasion of the rules put in place to protect us and make the world a better place ;)

[andy hughes]

Hey rja, I can be a bit of a rebel sometimes - I've been known to listen to my Jim Reeves LP's until after eleven at night on more than one occasion!

[Kev_UK]

A speedometer is not tested as part of an M.O.T test, apart from the milage reading. A speedometer can be + or - 10% accurate. People cannot be expected to know if their speedometer is correct or not and I've never heard of the general public having their speedometers calibrated. Fitting larger wheels/tyres (or smaller) can affect the reading. I heard a top police chief on tv saying that it would be very dangerous if people were busy driving around looking at their speedometer most of the time indtead of concentrating on the road. Focusing on road conditions, pedestrians, other road users is far more important. You have a right to ask for evidence of calibration, etc of the camera.

[hopalong]

There are line markings like a bar code on the road at speed cameras so there will be evidence if you are or not speeding. If you car is at a certain point at the second flash then that will tell if you are speeding

[Ewood27]

The little white posts beside motorways are 100 metres apart. If you can find a stretch without junctions, bridges or other breaks in the sequence, you can drive at a steady 90 k.p.h. (56 m.p.h.) and you should pass 10 posts in 40 seconds. If it takes 44 seconds, your speedo over-reads by 10%, for example. That's the test I apply to all my cars to check the speedometer.

[Drewhound]

You can challenge it by pleading not guilty, they have to prove the charge not you disprove it. The risk you take is that if found guilty they usually bump the fine up The evidence, including evidence of calibration, has to be presented in court if you plead not guilty though you may well be able to see it beforehand Your speedo can legally read up to 10% fast but not lower than your actual speed. I've found most read about 63/65 at 60, perhaps Ewood27 would tell us how his have compared If you were travelling at 36 and your speedo read 31 the speedo is illegal and you could hardly use that as a defence. Good luck

[Ewood27]

My limited experience is that cheaper cars' speedos over-read 10% while more quality cars are accurate. I should add that I've done it several times in each car to even out inaccuracies in maintaining the precise speed for 1 km.

[patsyquinn]

I think it's worth fighting on the grounds of the camera's callibration. Also, having worked for the police in the past and seen the quality of the staff, it's a fair bet that they rely on fear to get people to pay up without challenging the evidence. Chances are that, if you do challenge it or mess about with the cheques (as suggested), they'll lose interest at some point.

[Drewhound]

I think the problem with sending an unsigned cheque is they may put it down as an unpaid fine leaving you open to further grief. I'd be interested to hear from someone who has done it rather than just heard about it

[mafdaf]

Theres nothing you can do except burn every speed camera in your area so that there is less chance of getting caught again by the health and safety nazis. Do it now.

[Ronda]

Thank you all for your varying advice. I'll let you know if I come up with any successful ways of handling this. Ronda