Free Traffic Legal Advice

Hello,

I have received a NIP for an alleged speeding fine from surrey police for a camera at location S79, A23 Horley Road, South Earlswood, at 01.35 hours on 24th Oct 2025.
The original NIP was received within time.
There were some letters backwards and forwards with the police but eventually i received a Conditional Offer of fixed penalty (3 points and £100 fine).
However looking at the Certificate of calibration, I believe that it could be argued that the certificate is out of date.
Allow me to explain.

It effectively has three relevant dates:
Radar Factory Calibration Date  16/11/2023
Initial Site Calibration Start Date  20/12/2023
Annual Inspection Date  25/11/2024
And a stated “Valid Until*” date of: 24/11/2025
and then some wording
* Site Calibration Valid until up to one year from Site Calibration/ Calibration Inspection Date, or three years from Radar Factory Calibration Date, whichever is sooner.

The key words here I believe are "whichever is sooner"
Therefore of the 3 possible options, the soonest date is Site Calibration Valid until up to one year from Site Calibration 16/11/2023 therefore the certificate woud be valid until 15/11/2024 and NOT 24/11/25.

Am I correct in my understanding and reading?
are these grounds to challenge?
or should i accept the offer?

Also, would the Police need to provide a certificate of annual inspection if it is mentioned on the calibration certificate?

calibration certificate here:


Advice gratefully welcome.

You can contact the police and point this out to them and ask them to review the action against you. They may discontinue it, but I doubt it.

If not, your choices will be to either decline (or ignore) any out of court offers they may make (of  a course or fixed penalty) and plead not guilty in court.

Whatever it says on the certificate, your task in court will be to convince the Magistrates that the device cannot be relied upon to show that you exceeded the speed limit. An expired calibration certificate by itself will not do that. Mechanical devices are assumed to be working correctly unless the contrary can be shown and they do not suddenly become unreliable the day after their calibration certificate expires.

Whatever you decide to do, you must respond to the request for driver’s details within the 28 days allowed.

OP already has a COFP, so I think it's safe to say they replied to the request for driver's details.

Sorry, missed that. Thanks for the correction.