Speeding fine can i appeal?

calv76

Hi I have received an offer for fixed penalty of 3 points and £100 fine. It states I was doing 36mph through a tunnel in London (30mph speed limit) I have agreed it was me driving as I was driving my works van. However our vans are fitted with trackers, I have printed the tracker report out and it shows at the time stated on the fine I was actually doing 24mph, but the few seconds prior to that the tracker reported poor satellite signal.
do you think it is worth me appealing this? what would happen if they disagree with my evidence would the fine go up?


thanks in advance

DUTR

The 24mph reading could also be that the unit did not have enough spedd data to process the correct speed, personally I don't think it's worth appealing it.

Car_54

You can't appeal. The fixed penalty is an offer to settle the matter without the cost and hassle of court or appeals.

You either accept the fixed penalty or not. If you don't you'll be summonsed to court. If found guilty, the fine will be income-based (almost certainly more than £100), and you'll have to pay a victim surcharge (min. £20) and costs (min £85).

facade

As above, you can't appeal. At that speed you should have been offered a speed awareness course. (Have you already done one?)

The tracker uses the GPS, it doesn't work properly underground.

Aretnap

A GPS based system will, at best, generate an average speed between two points some distance apart. That doesn't prove that you weren't doing a higher speed some distance between those points. And that's before you take into account the fact that the GPS system is likely not calibrated to any particular standard of accuracy, and so less accurate than the approved device (Gatso?) which got you in the tunnel. So even under ideal conditions the evidence from your tracker would be less persuasive than that of the Gatso. In a tunnel where it can't get a GPS signal anyway it's likely to be useless.

Car_54 wrote: »

If found guilty, the fine will be income-based (almost certainly more than £100), and you'll have to pay a victim surcharge (min. £20) and costs (min £85).

£85 costs apply to a simple guilty plea. After a contested trial the CPS would ask for a minimum of £620(ish). If you're going to challenge the accuracy of the device they'll call expensive expert witnesses to explain why the device is more accurate than your tracker, and the costs could be measured in thousands. Not something to embark on lightly.

calv76

All in all then waste of time doing anything, just pay the fine. They did offer me a speed awareness course but I have already attended one of these last year so didn't think I would be able to do it again.
its just very annoying as my tracker shows that I didn't exceed any speed limits on that day.
Thanks for your comments, I thought if I put my case forward they may have said yes I have a case to argue or no and just pay the £100 fine. So I take it from the comments above once you try to argue the case the fine will be more than the £100 first offered.

Mankysteve

Unless you can get them on some procedural issue. You'll have no chance of appeal. Your GPS for starters wont be accurate as the cameras, then there the fact they don't work properly in tunnels and thirdly your satnav is not calibrated unlike the traffic cameras.

sh0597

GPS needs contact with a satellite so it won't work in a tunnel. Which tunnel was it?

calv76

Limehouse Link Tunnel W/B

Muscle750

You can ask for proof of calibration of equipment certificate of operative etc however I've heard a story of a plod officer getting caught whilst off duty and knew about the letter asking for certificates etc hoping they wouldn't have them it went to court and there they produced all the info and he was promptly fined well over a hundred quid and more than likely didn't do his career much good either

atrixblue.-MFR-.

Muscle750 wrote: »

You can ask for proof of calibration of equipment certificate of operative etc however I've heard a story of a plod officer getting caught whilst off duty and knew about the letter asking for certificates etc hoping they wouldn't have them it went to court and there they produced all the info and he was promptly fined well over a hundred quid and more than likely didn't do his career much good either

it wont affect his job other than his pride.