Smart Motorway Speeding Fine Appeal

Have you been handed a speeding fine on a smart motorway? It can be a bit scary and confusing but don’t worry, you’re not alone. Every month, over 32,000 people visit this site for guidance on tickets and fines.

In this simple-to-understand article, we’ll help you with:

Why you might get a speeding fine on a smart motorway
How to respond to a Notice of Intended Prosecution (NIP)
Ways to challenge your speeding fine
What speed leads to a fine on a motorway
The cost of a motorway speeding fine in the UK

We know how it feels to get a speeding ticket, and we’re here to help you understand how to handle it.

Let’s get started.

Do You Have to Pay?

In some circumstances, you might have a legitimate reason not to pay your fine.

It’s a bit sneaky, but the last time I needed legal advice, I paid £5 for a trial to chat with an online solicitor called JustAnswer.

Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.

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What happens once you’ve been caught speeding?

You may or may not realise you’ve been flashed for going too fast on a motorway. That said, a Notice of Intended Prosecution (NIP) Section 172 Notice drops through your letterbox a short while later.

The NIP should arrive no later than 14 days after you were caught speeding. That said, it’s sent to the registered keeper!

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The police get the registered keeper’s details directly from the DVLA.

It’s worth noting that if you’re a serial offender, you risk being disqualified, or the authorities could suspend your licence. This is on top of paying a fine.

Also worth noting, is that some smart speed cameras don’t flash. Plus, the cameras take photos of the driver although the image may be a little blurry.

How long do you have to respond to a NIP?

You must respond to a NIP within a 28-day deadline. Failure to respond would see the issuing authority taking out further action against you.

You can either pay the fine or you could opt to challenge it by filing a smart motorway speeding fine appeal. But it means you’d have to go to court.

Successful Appeal Case Study

Situation

Initial Fine	£100
Additional Fees	£171
Total Fine	£271

The Appeal Process

Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.

Total Fine	£271
Cost of legal advice	£5

JustAnswer helped Scott craft the best appeal possible and he was able to win his case.

Scott’s fine was cancelled and he only paid £5 for the legal help.

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In partnership with Just Answer.

Is it worth challenging a smart motorway speeding fine?

You’d need to have grounds to challenge a smart motorway speeding fine and have a very good reason to do so.

In short, if you’ve been caught going over a motorway speed limit and the offence is caught on camera, the chances of successfully winning a case are slim!

However, you could offer the following arguments when appealing a speeding fine:

The camera on the motorway was incorrectly calibrated although this is hard to prove
The NIP you received is incorrect and the details are wrong and/or missing
The Notice of Intended Prosecution arrived through the post later than 14 days after the offence was recorded
You weren’t the driver when the speeding offence was caught on camera. That said, you are legally obligated to tell the authorities who was driving at the time or you risk being fined

In truth, with the help of a specialist speeding fine lawyer, you may successfully challenge a smart motorway speeding fine on a technicality. However, even then, there’s no guarantee you’d get out of paying the fine!

How much is a motorway speeding fine UK?

A smart motorway speeding fine could set you back as much as £2,500. That’s the maximum you could be fined!

Then, of course, if the offence is serious enough you could lose your licence or have it suspended.

The way motorway fines are calculated depends on the seriousness of the offence. In short, you could lose a percentage of your weekly income which could be as much as 175% of your earnings.

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Do you get points for speeding on a smart motorway?

Yes. When you’ve been flashed exceeding the speed limit on a smart motorway, you’d get up to 6 penalty points on top of the hefty fine.

In short, the fine you receive could be up to £2,500 with six points on your licence depending on how over the speed limit you were caught going.

Will you have to attend court for a smart motorway speeding fine?

You could enter a guilty plea for speeding on a motorway but you may still have to attend court! The Police could prosecute you if they feel the offence merits prosecution.

This typically applies to motorists who flaunt a motorway speed limit excessively which is deemed dangerous driving!

On top of the hefty fine you’d receive you’d also have to fork out money to pay the court costs!

Is it worth having a speeding fine lawyer act on your behalf?

When you’re caught travelling at an excessive speed on a motorway and risk being disqualified, you may think about hiring a lawyer.

Losing your licence would negatively impact most aspects of your life, not to mention your ability to work if it requires having a licence.

A specialist speeding fine lawyer may be helpful as they can offer advice on how to deal with the court case. Moreover, they can tell you whether it’s worth challenging the speeding fine or not.

For example, a lawyer may be able to present a case that shows losing your licence could result in ‘exceptional hardship’.

But legal advice is expensive and there’s always a chance you’d still lose the case in court. In short, you need to weigh things up carefully before going down this route.

How do you pay a smart motorway speeding fine?

You need to check the NIP you received and follow the instructions on how to pay the fine.

I’ve listed ways to pay speeding fines in the table below:

Online Payment Portal	England & Wales
Online Payment Portal	Scotland
Online Payment Portal	Northern Ireland

Smart motorway speeding fine appeal, pay or challenge?

Challenging a smart motorway speeding fine isn’t easy. Plus, you’d need to appeal the fine through the courts.

That said, if you lost the case and the court finds you guilty, you could receive more than 3 points and the fine would increase too. You’d also have to pay court costs!

In short, you should think carefully before challenging a smart motorway speeding fine and seek legal advice if you do. Only a very small percentage of speeding appeals are successful which is something to consider.

Thanks for taking the time to read my post. I hope the info gleaned in the article helps you decide whether it’s worth challenging the fine or paying it!

Do you still get a 10% leeway for speeding?

In truth, as soon as you exceed a speed limit on a motorway (or other public road), you are, in effect, breaking the law. That said, an issuing authority like the Police could allow some leeway which is known as the 10% rule. But it’s at the discretion of the police!