Parking Tickets and Speeding Fines

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©2008 Get More Credit. No Liability is taken by Get More Credit for the actions or results of any

person using the information contained in this document. All information contained in this

document is correct at the time of writing. Page 1








1. Introduction

You may be surprised to know that every year in England and Wales over 3

Million fixed penalty notices and 7 million penalty charge notices are issued! You

may be even more surprised to know that this means that YOU have a 1 in 3

chance of being charged with a motoring offence.

In recent years i am sure you have seen the news about the increase of revenue

generated by parking tickets, speeding tickets and other ‘minor’ offences, are you

aware just how big an increase that is? Well, from 1997 to 2004 there was an

increase in revenue from £13 Million to a staggering £112 Million! During this

same period the number of deaths and injuries on our roads actually increased –leading people to wonder where all this revenue has gone and what it was used

for.

This surely suggests that motorists are now paying an extra form of tax, although

already paying high road tax and extortionate fuel taxes, congestion taxes and

even toll charges.

What most people don’t realise, and is VERY important, is that the ‘system’

mainly relies on people like you and me just handing over our money to pay the

fines! Very few people actually realise that there are many ways you can LEGALLY

fight back and drastically increase the chances of NOT having to pay the fine. This

report is your first step in fighting back – read this report now to discover ways

you can LEGALLY avoid paying that parking ticket or speeding fine, and, many

other ‘minor’ offences. Just in case you are thinking ‘I’m sure I can’t beat the

system – or everyone would be doing it’ you need to know a little secret:

APPROXIMATELY 66% OF APPEALS AGAINST PENALTY CHARGE NOTICES

MADE TO THE NATIONAL PARKING ADJUDICATION SERVICE ARE

SUCCESSFUL.

This report is designed to show you how you can LEGALLY fight back!






2. The Law for Motorists.

This chapter is designed to give you an overview of the law for motorists. In

Britain this area of law has more regulations and laws than any other area – so it

is well worth a chapter all to itself! If you are caught breaking any of these laws

(knowingly or not) you can find yourself being given a fine, points on your

licence, banned from driving or, in extreme circumstances, even imprisoned.

Most motoring offences are dealt with in one of four ways as shown in the list

below: (most serious first)

SummonsFixed Penalty Notice or Penalty Charge Notice (FPN or PCN)

A Notice under the Vehicle Defect Rectification Scheme (VDRS)

A Verbal Warning

There are National Guidelines set by the Association of Chief Police Offices (or

ACPO) and local policies or guidelines to determine what action a police officer

should take in any of the above circumstances.

SUMMONS

The following types of offences are generally dealt with by a Summons:

Drink Driving

Prosecutions resulting from road accidents

Driving at speeds in excess of limits for a FPN to be issued

Cases where evidence needs to be collected before a decision can be made

Other offences where a FPN or VDRS were issued but the fine was not paid or

repairs not made

If you receive a court summons and, providing you wish to plead guilty, you do

not need to attend the court hearing in person (unless the summons states

otherwise). In this case you simply complete and return the tear off slip on the

summons, include your driving licence and, if appropriate, a letter of mitigation –






a letter to the magistrates explaining any relevant extenuating circumstances.Shortly after your hearing you will be informed of the decision and your licence

will be returned to you with any points added on.

Should you decide to plead Not Guilty, simply complete the tear off slip

(indicating your plea of not guilty) and enclose your driving licence, your initial

hearing will not go ahead – it will be adjourned to a later date as witnesses will

need to be gathered. You also do not need to attend this initial hearing. Please be

aware that fines issued by the courts instead of an FPN are usually higher. Should

a Police Officer issue you a court summons when you know the offence can be

dealt with by a FPN, ask the officer why he is doing this – if he still issues a court

summons tell the magistrate at your hearing that the offence could have been

dealt with by a FPN and that you feel no further fines should be made against you

other than under the FPN system.

FIXED PENALTY NOTICE

The main purpose for introducing Parking tickets in 1988 was to reduce the

burdens on the courts. Fixed penalty notices may be issued by Police Officers or,

in some cases (such as parking tickets), Traffic Wardens. A summons will not be

issued if you accept the FPN and pay the penalty. Over 1000 FPNs and PCNs areissued an hour – or over 10 million a year! This alleviates a huge burden on the

courts; however, as most people simply accept the FPN and pay without question,

this means a huge expense for usually law abiding citizens like you and me.

FPNs are becoming big business. They now cover a massive array of offences

such as; Speeding, Illegal Parking, Breaking seat belt laws, Holding a mobile

phone whilst driving, not complying with traffic signs and leaving your vehicle ina

dangerous position. Whilst most people agree that many of these examples are

quite justifiable, many are not and some are issued illegally or incorrectly.

FPNs can be split into two main categories: Endorsable and Non Endorsable. AnEndorsable FPN is a Yellow document and is issued for offences that can mean

points added to your licence. Speeding or ignoring a red light is two examples of

an endorsable FPN. An endorsable FPN cannot just be left on your vehicle, the






Driver must be seen and spoken too. Typically a Police Officer will ask to see yourDriving Licence and possibly your Vehicle Insurance and MOT Certificate. If you

do not have these documents with you, the officer will most likely ask you to

present them at a police station within 7 days. The FPN will have details as to

what documents you will need to produce at a police station.

A Non Endorsable FPN is a white document and no points can be added to your

licence. The Penalty (as with an Endorseable FPN) is required to be paid within 28

days. Alternatively, you can appeal the FPN within 28 days and a court hearing

will be set.

For Non Endorsable FPNs the penalties are usually £30, £40 or £60, whilst the

standard penalty for an endorseable FPN is £60 (these figures may change since

the time of writing).

Parking Tickets are Non Endorsable FPNs and they do have a few differences than

other FPNs. The main differences being that they can be left on the vehicle

without the driver being seen or spoken too and are often issued by Traffic

Wardens rather than Police Officers (although Police Officers can also issue

them).

Penalty Charge Notices (PCNs) are also non endorsable and are issued by Council

Parking Attendants under the Decriminalised Parking Enforcement introduced in1991. PCNs are not a criminal matter, but a civil matter, so you cannot be sent to

prison. However, ultimately, you may receive a visit from the bailiffs to seize your

assets!

The Vehicle Defect Rectification Scheme (VDRS)

The Vdrs deals with offences relating to the condition of a vehicle and was

introduced at the same time as the FPN system. A VDRS can be issued for many

offences such as:

No Seat Belts fittedNo Windscreen Wipers

No Speedometer

Mirrors not conforming to requirements






Should you be given a VDRS ticket you are required to make the necessaryrepairs as outlined on the ticket within fourteen days and have the repairs

inspected by an official MOT centre. Once satisfied with the repairs, the MOT

centre will stamp the form for you to return to the police station to prove you

have had the repairs done to a satisfactory standard. With a VDRS you do not pay

a fine nor have points added to your licence, however, failure to comply within

the allowed 14 days will result in a court summons. In some cases a Police Officer

may issue an FPN whereas VDRS should have been issued. Should this happen,

please use our template letter to write to the Police Superintendant for the area

the FPN was issued and request that the FPN (or even court summons) be

cancelled.

Endorsable FPNs

Below is a list of MOST Endorsable FPNs – Those that carry a fine AND points on

your licence.

Contravening Traffic Lights

Contravening a Stop Sign

Contravening a No Entry Sign

Contravening an Automatic Level Crossing

Contravening a Double White LineDriving on a motorway with a Provisional Licence

Making a U Turn on a motorway

Travelling in a wrong direction on a motorway

Reversing on a motorway

Driving on a motorway hard shoulder

Excess Speed

Failing to comply with a Police officer or Traffic Warden whilst on duty

Using a Vehicle in a designated play street

Stopping on pedestrian crossings and approaches

Driving with a dangerous or insecure load

Excess number of passengers on a motorcyclePassenger not sitting astride motorcycle

Using a vehicle for a dangerous purpose

There are many types of endorsable offences and as these will probably be

subject to regular changes not all are listed here – but this list gives you a good

idea of the types of endorsable offences as at the time of writing.






Non Endorsable FPNs

Unattended Vehicle whilst engine running or brake not set

Opening door so as to cause injury/danger

Reversing an unreasonable distance

Driver able to see TV screen fitted in vehicle

Failing to display excise licence

Registration mark obscured

Registration mark not conforming to regulations

Windows not cleared or obscured

Mirrors not conforming to requirements

No Windscreen Washers

No Windscreen Wipers

No Horn

Two Tone Horn

Petrol Tank not leak proof or secured

No Seat Belts Fitted

Contravening Temporary Speed limit

Stopping on Hard Shoulder

Failing to stop for a Police Constable

Contravening Give Way/Stop/Mini Roundabout signs

U-Turn where prohibitedContravening experimental traffic regulations

Driving Vehicle on Footpath

Contravening free on street parking order

Overstaying after excess charge

Charge not duly paid

Incorrectly parked at bay

Returning to park within prohibited period

Parking at suspended bay

Class of vehicle not permitted to park in bay

No Waiting

Limited WaitingParking LGV on verge or footpath

Parking on offside at night

Wilful obstruction

Unnecessary obstruction

Stopping on a clearway

Parking on a cab rank

Parking without displaying permit/disabled badge

These are a few of the Non Endorsable FPNs there are many more.






Penalty Points

If convicted of an endorsable offence Penalty Points will be added to your licence.

If you accrue 12 points or more in a three year period you will be disqualified

from driving for a minimum of six months or, if you have been disqualified in the

3 years preceding your last offence, a minimum of 12 months and, if you have

had 2 or more disqualifications in the last 3 years then you will receive a

disqualification for a minimum of 2 years. Usually after serving a disqualification

the slate is wiped clean.

Typically if your offence is dealt with under the FPN scheme you will have to pay

the fine and be awarded 3 penalty points on your licence. However, if this is dealt

with by the courts you could well receive more points than just 3, although for

speeding offences you could be given 2-6 points even under the FPN system,

depending on how much over the speed limit you were.

There is a guide set down for magistrates to use to cover most motoring offences,

some examples are shown below.

Dangerous Driving 3-11 Points

Failing to stop after an accident 5-10 PointsRefusing Roadside Breath Test 4 Points

Careless or Inconsiderate Driving 3-9 Points

Driving while disqualified by order of court 6 Points

Failing to report an accident to the police 6 Points

Using a vehicle uninsured against third party risks 6-8 Points

Courts can also impose a period of disqualification for specific offences, if this

happens you do not normally have points added to your licence as well. If you are

disqualified you may be able to get the period of disqualification reduced or

completely quashed by pleading Special Circumstances. Special Circumstances

usually apply if the hardship of being disqualified outweighs the offence, forexample, if being disqualified would mean losing your job. This would usually

mean you receiving a larger fine and you can only plead Special Circumstances

once, as the courts see it as you being given a final chance to reform.

How to have spent endorsements removed from your licence

To remove spent Endorsements from your licence simply obtain form D1

(Application form for a driving licence) from your post office, complete and return

with your old licence, ID and the requested fee. Your licence will be returned to

you with any spent endorsements removed!






How to get your licence back after a disqualification

56 days prior to your disqualification period ending you should automatically

receive form D27 from the DVLA. Simply complete this form and return to receive

your new licence. If for some reason you do not receive these forms you may use

form D1 from the post office.

In some circumstances the DVLA may make medical enquiries, this depends on

why you were initially disqualified and are usually for the following reasons:

Disqualified from driving, or being in charge of a vehicle when the alcohol level in

your body equalled or exceeded the following:

87.5 microgrammes per 100 millilitres of breath or

200 microgrammes per 100 millilitres of blood or

267.5 microgrammes per 100 millilitres of urine or

2 disqualifications within a 10 year period for drink driving or being in charge of a

vehicle whilst unfit through alcohol

Disqualified for refusing or failing to give a specimen for analysis

If you are unsure when your disqualification ends, simply contact the court that

disqualified you.

How to get your disqualification period Reduced

If your disqualification is for 2 years or more, you are entitled to apply to the

court that disqualified you to have your disqualification period reduced. This can

only be done under certain circumstances, as follows:

If your disqualification period was for more than 2 years but less than 4 years you

can apply to have your disqualification period reduced once you have served 2

years of your disqualification

If you were disqualified for less than ten years but more than 4 years you may

apply for a reduction after half your disqualification period has been served

If your period of disqualification is for 10 years or more you can apply to have the

period reduced after you have served 5 years or more of your disqualification

Having now covered in some detail the law for motorists, the next few chapters

will explain how you can maximise the chances of having any case brought

against you dropped!






3. Parking Tickets

What to do when you receive a parking ticket

Once a parking ticket has been issued it cannot be cancelled, so arguing with the

person who issued the ticket is completely pointless.

However, if the person issuing the ticket is a Council Parking Attendant, provided

they have not handed the ticket to you or placed it on your vehicle it is perfectly

legal to just drive off and the ticket cannot be issued. PLEASE NOTE this does not

apply if the person issuing a ticket is a traffic warden or police officer!

If possible ask the person issuing the ticket why they have issued it and, if you

feel you have a legitimate reason for parking there explain this to them and have

them make a record this in their notebook. Then collect any necessary evidence

(discussed later in this chapter), for the purpose of collecting evidence we

recommend keeping a cheap disposable camera in your car for taking

photographs – a digital camera, like the one on your mobile phone, may be

considered as inadmissible evidence as digital photographs can easily be

tampered with. If you feel you have sufficient grounds to appeal you should now

write to the issuing authority, include any evidence (photographs witness

statements etc) that you have and enclose them with your letter, we recommend

sending photocopies only and keeping the originals yourself.

With PCNs you are usually given a 50% discount if you pay within 14 days. Don’t

pay this if you are going to appeal, this will be seen as an admission of guilt.

However the time limit will still remain once you appeal, and if unsuccessful, you

will still be given time to pay at the discounted rate. Should your appeal fail and

you still refuse to pay the fine you will receive a court summons. If the matter

goes to court your chances of appeal are greatly reduced and you will probably

face further costs. At this point you will also receive a Notice to Owner. All PCNs

are issued to the person believed to be the owner of the car, and the owner is

therefore responsible to pay the penalty. The Notice to Owner form will include

reasons that you are able to appeal against the decision, these are as follows:

I was not the Owner/Keeper at the time of the contravention (Should you have

recently sold the vehicle before the contravention happened – you will need to

have proof of the sale)

The Vehicle had been taken without my consent at the time of the contravention

(If the vehicle had been stolen and then illegally parked. You will need to provide

a crime number from the police, a letter from the police or a copy of the

insurance claim)

We are a Hire firm and have supplied the name of the hirer (this can only be used

if the hirer has signed an agreement to accept liability for any penalty charges.






The hire firm will supply the name and address of the hirer and a copy of the hire

agreement.

The Contravention did not occur (if the contravention did not happen as described

on the PCN, Parking restrictions not properly signed or the reason for stopping

was lawful i.e. unloading or vehicle had broken down. In these instances it would

be better if you can provide evidence such as a delivery note or garage report)

The Traffic order was invalid (for example a sign stating that a vehicle can be

clamped and/or removed immediately after the issue of your ticket – this is

wrong as lawfully a vehicle cannot be clamped until 15 minutes after a ticket has

been issued, making the PCN legally flawed. Or an improper/missing sign, sign or

markings obstructed/not in clear view – even leaves covering double yellow lines

so that they are not clearly visible can result in your ticket being cancelled!)

The penalty exceeded the relevant amount (The PCN was issued for the wrong

amount or the council say that you paid later or a lower amount than you actually

did)

Most appeals have historically fallen under the category The Contravention did

not occur, in more recent times with councils not maintaining road signs and

markings a growing number of successful appeals are now falling under The

Traffic order was invalid .

By now I’m sure you are beginning to realise that there are many reasons why a

ticket can be cancelled through an appeal. Most of the reasons are through

mistakes by the council, or the person who issues the ticket. These mistakes

could not only save you money, but possible points on your licence. It also goes

to show that the law can sometimes be to your advantage!

The following page will show the most successful reasons for having your ticket

cancelled on appeal as used by many people already.






Here we come to what you really want to know – what reasons actually work

when you appeal against a ticket! Read on.......

Leaves on the Line

I’m sure you remember the ‘excuses’ of train companies blaming the lateness of

their trains on leaves on the line. If Lines (double yellow lines, single yellow lines

etc) are obscured from view by leaves, snow, roadwork’s or even natural wear

and tear (they may need repainting as they are very difficult to see), then

parking restrictions cannot be enforced!

Inadequate Signs and/or Markings

The laws on signs and markings that must be displayed in restricted parking

areas are very strict – after all it would be unfair to have parking restrictions in

an area and not tell you about it! Councils often do not properly maintain their

signs or markings – this can win your appeal and get your ticket cancelled!

Yellow Lines must end in a T-bar. If the beginning and end of Yellow lines do not

have a T-bar then they are not legal and a PCN cannot be enforced. Always check

and take a photograph as evidence.

For Single Yellow Lines there must be a sign on either side of the road at every

access point to the restricted area, if there is no sign the ticket cannot be

enforced. PLEASE NOTE: This does not apply to Double Yellow Lines. As Double

Yellow Lines apply ‘At any time’ the need for signs was dropped in 2003.

Always check all signs and markings. Any mistakes, defaults, hidden or missing

signs can result in your ticket being cancelled!

Loading and Unloading

You are allowed to wait for as long as is required on yellow lines if you are loading

or unloading your vehicle, unless there is a yellow stripe on the kerb. Many

councils state that this must be uninterrupted loading or unloading, however, thisis incorrect as it is unreasonable to expect delivery or collection of goods without

the goods being checked and necessary paperwork being completed. If a traffic

warden sees a vehicle parked on Yellow lines without any loading or unloading

taking place they will usually issue a ticket. This gives you good grounds for

successfully appealing your ticket – especially if you have paperwork confirming

you were loading or unloading. The shorter the time between the vehicle being

spotted and the ticket being issued the better your chances, as this only helps

demonstrate that you were having paperwork checked for example.






Ticket Incorrectly Issued

For a Parking Ticket to be Valid it must also be correctly issued. Human error can

be a huge reason for tickets not being issued correctly – and therefore provides a

huge amount of tickets being cancelled on appeal.

When a ticket is issued the following information should be on your ticket:

Ticket Reference number

Time and date of issue

Vehicle registration number

Vehicle make and colour

Date, time and location of alleged offence

Warden or Attendant number

Contravention Code and description

The relevant Statute

The Penalty – including discount for prompt payment

If any of the above information is missing you have very good grounds for

appeal. In particular check that a date of issue AND date of offence are on the

ticket. Thousands of motorists have had tickets cancelled because of one or the

other was missing.

Also, and, very surprisingly, if a parking attendant or Warden is not wearing a hat

when issuing a ticket, although not enough grounds for appeal on its own this can

significantly increase your chances of appeal.






4. Speeding Tickets

Speeding Tickets are a far more serious offence than parking tickets. Firstly, the

fines are much higher, up to a maximum of £1000 or, if on a motorway, £2500.

Secondly, speeding is an endorsable offence meaning you can have points added

to your licence, resulting in higher car insurance or, even banned.

From 1997 to 2000 the amount of money raised from speeding fines in the UK

more than doubled from just over £13 million to just over £28 million. Whilst the

government will have you believe that they are necessary to help reduce the

amount of accidents on our roads, official figures, including results from the

governments own Transport Research Laboratory shows that speeding is NOT amajor factor in road accidents. In fact, from 1997 to 2000 the amount of road

accidents actually INCREASED from just over 166000 to just over 171000!

I am not trying to say that speeding should be condoned, it still can cause

accidents and is still dangerous – however, the Transport Research Laboratory

concluded that only 6% of road accidents were as a direct result in speeding – so

why are we being fined so much through more and more speed cameras?

Police Detection Methods

The police have many ways of detecting people who are breaking the speedlimits. Although there methods are very effective they all have their own

weaknesses leaving the door open to be legally challenged.

Radar

Traditionally Radar has been the favoured method used by police to catch

motorists speeding, however this is gradually being replaced by laser detection.

Radar uses a method called the Doppler Effect. How a radar works is by sending a

beam of high frequency radar waves at your vehicle, the beam bounces back

from your vehicle to the gun and measures your speed. When your vehicle is

moving either away from or toward the radar gun then the beam bouncing isback is moved – a lower frequency if your vehicle is moving away, higher if your

vehicle is coming towards the radar gun – your speed is then calculated from the

difference in frequencies from the outgoing beam to the incoming beam.

In practice there are several situations where a radar gun will not work or at least

give an incorrect or false reading. These are as follows:

The further away the object from the gun, the more a beam spreads out,

therefore if another object (i.e. another vehicle) is moving faster than yours

within the beams area it will show the reading of the faster object.






If the Gun is pointed at an angle it will give a false reading.

Radar waves cannot pass through solid objects, so a tree or street lamp or

anything else that is in the way will cause an incorrect reading.

Even wind and rain can cause false readings.

Nearby electrical equipment such as Radio and TV masts, mobile phone masts

and CB radios can all lead to false readings.

A Police Officer moving his arm too quickly to point the gun at you can cause a

false reading as the speed of the arm movement can be added to your speed!

Movement of air from a cars air conditioning can also affect the reading so,

readings are not allowed to be taken whilst the radar is in a vehicle.

All these readings go to show that just because the police officers radar gun says

you were speeding; it doesn’t necessarily mean that you were. As a result

NEVER admit the offence when a police officer stops you for speeding

and he/she was using a radar gun!

Because of the flaws in a radar gun ACPO (the Association of Police

Commissioners) have set national guidelines for the police in using radar guns.

The main points are:

An Officer must be trained in the operation of any speed detection device

The device MUST be operated by an officer on foot and NOT in a vehicle

All checks must be made visible to the public and oncoming motorists

A device should not be used where more than 1 vehicle is in the devices field of

view

The device must not be pointing at the road whilst waiting for a vehicle to appear.

The device should only be used to corroborate the police officers belief that the

vehicle is exceeding the speed limit

The device should be pointed directly at the approaching vehicle, parallel to the

road eliminating any significant up or down tilt

Once a reading has appeared on the radars display the radar should be held

steady, pointing along the road for duration of no less than 3 seconds. After this

period a trigger is pressed on the device and the reading is locked in and may

then be used as evidence

It follows from this last point that the distance a user of radar can see along the

road must be long enough to observe the vehicle and assessment of its speed,








As Lidar guns are becoming more popular with the police there are some basic

measures you can take to avoid being caught by one:

Go for a sleek more aero dynamic car – these cars have fewer flat surfaces for

the laser to be aimed at.

Try and choose a darker coloured vehicle – black, blue or green. These colours

are much harder to target and reflect less – especially in overcast conditions.

Many operators aim at the number plate of the vehicle as it is flat and more

reflective – if possible tilt your number plate up or down slightly this will deflect

the laser into the air or road – NOT back at the Lidar!

Operators are also told not to point their device at bright lights as it can burn out

the circuitry, always try and have the brightest lights you possibly can (legally of

course!)

Vascar

Vascar or Visual Average Speed Computer and Recorder are basically stop

watches. They work on the basic formula that speeds=distance/time, and are

therefore sometimes referred to as time/distance devices.

These devices are fitted inside a police car or on a motorcycle giving easy accessto the controls, and can also be linked to video cameras giving a visual record of

any alleged offence.

There are currently two main methods for the Vascar:

Following check: When a police car is behind or sometimes in front of another

vehicle. The Vascar is turned on/off at a starting and finishing distance/point and

the Vascar is then able to calculate the speed of the vehicle ahead/behind.

Pre fed distance check: This is the more common use of a Vascar. By recording

on the Vascar the distance between two points and then the officer sitting in the

vehicle where the start and end points can be clearly viewed, the officer simply

switches the Vascar on when a vehicle passes the first point and off when the

vehicle reaches the second point – the Vascar then calculates the speed of the

vehicle by the time it has taken for the vehicle to pass between the two points.

The distance between the two points must be greater than 0.125 miles but less

than or equal to 1 mile. A court will generally accept the reliability of evidence

from a Vascar, but this does not mean that there are not ‘loopholes’.

Officers using a Vascar need a high degree of skill and good reflexes – they

should be well trained and their abilities tested and certified.






When using the ‘Following check’ officers must be careful so as not to entice the

driver into breaking the speed limit.

A Vascar should not be used in fog or snow and should always be used in well lit

and clear conditions.

A Vascar should be calibrated once a year and a certificate issued. Also the unit

should be tested before each tour of duty.

Pacing

Pacing is probably the most basic method used of determining if a vehicle is

speeding. A police car will stay at a certain and constant distance behind the

vehicle, this is usually done for a distance of about ¼ of a mile but there are noset regulations on the distance required. Using the police cars own speedometer

and keeping at the same distance from your car will inform the officer as to your

speed – it will obviously match that of the police car. No other car can come

between the police car and the car it is following during this time. Although you

can inform the court if you feel the procedure was not followed properly it is

usually a better defence to request the calibration of the police cars speedometer.

All traffic patrol cars (not the ‘normal’ police car) are fitted with highly accurate

speedometers – in increments of 1mph. Most police forces insist on having the

speedometers calibrated once or more a year and as with previously mentioned

devices they should also be tested at the start and end of any tour of duty. If the

calibration reports and tests cannot be produced a court may have no alternative

but to rule in your favour.

Speed Cameras

Speed cameras came into effect in 1992, there are now over 6000 speed cameras

in the UK and have proved a very lucrative method of collecting speeding fines

from motorists.

The most common type of speed camera is called Gatsometers, or Gatsos, named

after the inventor Maurice Gatsonides.

A speed camera works in the following way:

Traditionally a radar gun projects a narrow beam across the road to measure the

speed of every vehicle passing through it – more recent Gatsos use an inductive

loop under the road. A camera installed in the Gatso is then used to take 2

pictures of every vehicle breaking the speed limit; usually these are ½ a second

apart. The pictures are usually taken from behind the vehicle and not in front.

Using the White lines on the road beside the Gatso to calculate the speed relative

to the distance travelled from the 1st picture to the 2nd picture confirms your

speed at the time u passed the Gatso. Older Gatsos are loaded with film of about

800 frames, while newer Gatsos now have digital cameras and Optical Character






Recognition (OCR) to analyse the images for Vehicle registrations (your number

plate) The Very latest Gatsos can also be linked to an external computer so that

the ticket can be printed off and sent to the registered keeper of the vehicle

automatically.

According to the distributors of Gatsos because of the expense to maintain them

– especially with the older type that require film, approximately only 1 in 8 work

at anytime, however, we don’t know which ones are working and which aren’t.

The Guidelines issued by ACPO state that to be prosecuted for speeding you must

be travelling at 2mph over the speed limit + 10% :

20 mph Speed limit – 24 mph






There has been a lot of call for these limits to be reduced to just 10% - this could

triple the amount of motorists prosecuted and could well happen in the future.

How to defend against a Speed Camera Ticket

When caught by a speed camera you will receive a Notice of Intended Prosecution

(NIP) in the post. For the NIP to be valid it MUST be issued within 14 days of the

alleged offence. If however, you were driving a hire car or company car the police

are allowed more time to track you down.

Once you have received a NIP you must respond within 28 days stating that

either you were the driver, nominating someone else to be the registered keeperof the vehicle at the time of the incident, or that someone else was driving the

vehicle at the time. Usually if you admit the offence within the 28 days you will be

asked to accept a conditional offer. This gives you the opportunity to avoid court

and in most cases just pay a fine of £60 and receive 3 points on your licence.

Should you refuse or ignore the offer then the matter will be dealt with by the

courts.

Although speed cameras are considered as reliable by both the courts and the

police, they are still capable of producing errors:






Larger vehicles (i.e. Lorries, Vans and caravans) are well known for producing

false readings – usually when vibrating excessively. Also vehicles that they cause

to vibrate as they pass can cause a false reading.

Tests have also shown that loud noises can provide inaccurate readings – playing

your car stereo too loud can theoretically cause a camera to show you were doing

over 100MPH when you were actually doing a steady 30MPH!

A duck in Germany flying low was recorded by a speed camera as it was

travelling at 24 mph in a 19mph zone!

For these reasons and more, if you genuinely believe you were not speeding as

per the information on the NIP then you should proceed in the following way:

Firstly contact the prosecuting authority stating that you are contesting the

allegation and request both copies of the photograph – a template letter is

included for this purpose later in the report.

Once you have both photos you can calculate the actual speed you were

travelling in the following way:

Re-visit the site of the speed camera and measure the distance between the lines

painted on the road; they will be 1.5 or 2 metres apart. Check on the 2 photos to

see how many lines you passed if for example the lines are 2 metres apart and

your vehicle travelled a distance of 3 lines then you have travelled 6 metres.(Number of lines crossed x distance between lines or in this case 3x2)

By using the formula S= (3600/T) x (D/1609) you can calculate your speed. ‘S’ is

your speed (MPH) ‘D’ is Distance travelled by your vehicle (metres) ‘T’ is the time

between both flashes (0.5 seconds) so, in this case, (3600/0.5) x (6/1609) =

26.84 MPH. If you were driving in a 30MPH zone then you were not speeding! If

this were the case, then you should write to them and point this out and your

speeding ticket should be cancelled. Also if you have a tachograph in your vehicle

that shows you were not speeding you should submit this as proof you were not

actually speeding. In the unlikely event that the case is not dropped then you

should go to court and present all the evidence at your hearing.

Other Defences against Speed Cameras

Identity

Many speed cameras take a photograph from behind you, this means that the

camera cannot take a photograph of your face so it is possible to get the ticket

cancelled if you can show doubt as to the identity of the driver. If you are to use

this defence it will work best if your car is insured for more than 1 driver to prove

that other people do use the vehicle.






Camera sighted incorrectly

Fixed speed cameras should be placed under strict circumstances, so it it s worth

knowing what these circumstances are in case the camera that caught you

speeding has been sited incorrectly – which will lead to your ticket being

cancelled.

The site must be from 400 to 1500 metres in length

In the preceding 3 years the number of injury accidents must be 8 or more

The number of fatal or serious accidents in the preceding 3 years must be 4 or

more

85% of vehicles travelling on the road must be at or below the speed as set out

by ACPO guidelines

Apart from during congestion periods, 20% of drivers must be exceeding the

speed limit

No other speed reduction methods are appropriate – such as speed humps

The site conditions are suitable

Inadequate Lighting

In 2005 a driver had his speeding conviction overturned by setting a landmark

ruling that a speed camera cannot be operated at night on a road without street

lights. This lead to 2637 drivers previously penalised for speeding at night having

their £60 fine returned to them and their points wiped from their licence. This

was mainly because by law a speed camera must be clearly visible to passing

traffic.






5. Other Offences

Bus Lane Contraventions

Bus lanes are now quite commonplace in the UK. It is illegal for motorists other

than buses or taxis (not minicabs) to drive in a bus lane. Bus lanes are more

often monitored by CCTV by the local authority. If caught by the CCTV you will

usually receive a PCN for the alleged contravention. By law the PCN must be

issued within 14 days of the alleged offence or it is not valid. You are then given

28 days to pay the charge or make representation to the authority.

Your appeal will usually be upheld for the following reasons:

You were using the bus lane in an emergency

You were rounding a vehicle that was broken down

A police officer instructed you to use the bus lane

You were taking in petrol/diesel, water, air or oil at the kerbside

You had broken down

Also there is generally an acceptable tolerance. This is usually if a vehicle was

driven in a bus lane for less than 20 metres.

Bus lanes should also have a sign informing you of the bus lane beginning and a

sign at the very start of the bus lane. If either of these signs is damaged,vandalised, facing the wrong way, unclear or missing your appeal should be

upheld.

You should always request photos (normally video prints) of the alleged offence.

If the local authority cannot produce them, your appeal will certainly be upheld.

Also the photos should clearly show your registration mark – if this is not clearly

visible, again, your appeal will be upheld.

Other reasons are:

The recipient of the PCN was not the keeper/owner

The offence did not occur

The vehicle had been taken without consent

The police had already issued a Fixed Penalty Notice

Accidents with an Uninsured Driver

In the UK an estimated 1.25 million people are driving vehicles without any

insurance. If you were to be involved in an accident with an uninsured driver you

will be unable to claim costs or compensation from them if they are to blame.






Help is available through the Motor Insurers Bureau (MIB). The will MIB deal with

claims against an uninsured driver in almost the same way as an insured

motorist.

Losses which may be claimed include:

Loss of Income

Pain and suffering

Replacement vehicle hire

Vehicle repair costs

Medical expenses including prescriptions

Loss of amenities of life

To make a claim with the MIB against an uninsured driver you will usually need to

obtain judgement against the uninsured driver by commencing civil proceedings

against them and legal advice should be sought. Luckily since 2003 free legal

expenses have been made available through the MIB for up to £100,000.

It is very important to report the accident to the police. Any personal injuries

should be reported to the police within 14 days and any property damage within 5

days. Initially you may visit their website for more information on making a claim

www.mib.org.uk






6. Letter Templates

Letter 1 – Parking ticket issued while unloading:

RE: Fixed Penalty notice N0. 123456789

Dear Sir,

On the [Date] I was issued with the above ticket for parking in an unrestricted

area. At the time of the alleged contravention i explained to the traffic warden

that i was making a delivery to a nearby shop (or office). Confirmation of this can

be obtained from [name and address of shop/office] As a result of this i would

request that this ticket be cancelled.

Yours Faithfully,

Letter 2 – Fixed Penalty Notice issued under VDRS

RE: Fixed Penalty Notice No. 123456789

Dear Sir,

On the [Date] I was issued with the above ticket for the alleged offence of failing

to maintain the silencer on my vehicle.

It is my understanding that this offence could have been dealt with under the

VDRS scheme. As this option was not offered to me, and I now have had thesilencer replaced, I request that this ticket be cancelled.

Yours Faithfully,

Letter 3 – PCN issued for invalid parking ticket when you have a valid

ticket

RE: Penalty Charge Notice No. 123456789

Dear Sir,

On the [date] I was issued the above ticket for parking in a pay and display car

park without a valid ticket. I was extremely surprised to receive this as I was

displaying a perfectly valid ticket. I have enclosed a photocopy of the ticket and

request that the Penalty Charge Notice be cancelled.

Yours Faithfully,






Letter 4 – Parking on Double Yellow lines

RE: Penalty Charge Notice No. 123456789

Dear Sir,

On the [Date] I was issued a Penalty Charge Notice for parking on double yellow

lines at [location]. On this particular date the road was covered in leaves and i

was unable to see any yellow lines at all. There were also no visible signs

indicating that any parking restrictions were in place. I have enclosed a

photograph taken on the day in question and ask that the penalty charge notice

be cancelled.

Yours faithfully,

Letter 5 – Speeding ticket

Dear Sir,

On the [Date] A police office reported me for exceeding the speed limit. It is my

understanding that a Vascar device was used along with a video camera to obtain

evidence against me. I am writing to inform you that I have entered a ‘not guilty’

plea and would like to request, under the Criminal Procedure and InvestigationsAct 1996 that copies of all evidence which you intend to rely on in court, including

video evidence, be sent to me not less than 7 days prior to the hearing.

Yours Faithfully,

Letter 6 –Notice of Intended Prosecution

Your Reference: [Reference number on NIP]

Dear Sir,

I have received a Notice of Intended Prosecution for an alleged speeding offence

committed on [Date] by my vehicle [registration number].

I am writing to inform you of my intention to contest this allegation. Under the

Criminal procedure and investigations act 1996 I am requesting that copies of

both photographs of the alleged offence be sent to me along with the exact time

interval between photos, be sent to me no less than 7 days prior to the hearing

date.




person using the information contained in this document All information contained in this

Yours faithfully,

Letter No.7 – Notice of Intended Prosecution Mobile Camera Unit

Your Reference: [Reference number on NIP]

Dear Sir,

I have received a Notice of Intended Prosecution for an alleged offence

committed on [Date] by my vehicle [registration number]. I understand that the

alleged offence was detected by use of a mobile camera using a laser speed

detector. I am informing you that I will be contesting this allegation and, in

accordance with the Freedom of Information Act 2000, I will need copies of the

following items:

Calibration and maintenance records of the items used

The training record of the officer concerned in the use of the equipment used and

a copy of any certificate of competence issued to the officer

Written details of the partnerships procedures for the use of mobile speed

cameras, and/or laser speed detectors.

In accordance with the above mentioned act I will require this information within

20 days.

Yours Faithfully,

Documents

Parking Tickets and Speeding Fines