Solicitors Sheffield

Road Traffic FAQs

How can I contest a speeding fine?

Many people do not contest speeding fines and simply pay the amount under a fixed penalty notice (FPN).

However, fines are contestable.  The majority of speeding offences are recording by speed cameras.  Many of these devices are GATSO devices, many of which lack the ability to take photos of the person who was actually driving the car at the time.  If you are issued a fine by a device like this, you will be requested to inform the police of your driver details.  If, however, you were not driving the car at the time you could gather evidence to show where you were at the time of the offence and argue that since the camera did not record you in the car there is insufficient evidence to show “beyond reasonable doubt” that you committed the offence.  Other potential arguments include showing that the camera was not properly calibrated.

The police also use handheld speed devices.  In addition to arguing that the device was not properly calibrated and in good working order, you might be able to argue that the officer operating the camera did not do so according to specified guidelines or did not receive adequate training to operate the camera.

The police are generally under an obligation to follow the rules of the PACE Act (Police and Criminal Evidence Act) and other legislation.  If the police did not follow the proper procedures, the offence could be overturned.

How can I contest a parking ticket?

If you contest a parking ticket, you generally have a 60% chance of winning!

To contest the ticket, you can apply to your local council within 28 days.  The council will review your claim and either choose to accept it or reject outright.  If the claim is rejected, you can apply to a parking ticket tribunal (Parking Adjudication Service or Parking and Traffic Appeals Service if you are in London).

Are there any potential consequences of contesting a parking ticket?

If do not win your claim, the amount you will have to pay could increase – by as much as 50%.  If you do not pay within 28 days, the council will issue a Notice to Owner and from that point onwards, the fine will increase.

I have been charged of using my mobile phone whilst driving, but believe this was unfair.  How can I contest the charge?

You could argue that you had to make a 999 call and/or it was unpractical to stop the car.  Like any offence, the police must follow the rules under PACE (Police and Criminal Evidence Act) and breaches of these rules could mean the charge is overturned.

How can I contest a charge for careless driving?

You could show that your standard of driving did not fall below reasonable standards expected by law (the standard of reasonableness is a complex one and you should discuss this with your solicitor further) or that the police did not follow PACE (Police and Criminal Evidence Act).   The charge can also be lessened by any relevant mitigating factors such as the age and experience of the driver.