I have a new car and a new TomTom and my car speedometer and TomTom speed vary up to 5 miles an hour. I have assumed my TomTom is the more accurate which is the higher speed and then get a notice of speeding at 36 MPH.
Has anyone successfully defended a claim based on the variance in speed from car to device? Never had a speeding notice before in 20 years of motoring- may throw TomTom in bin!
You can only defend a speeding matter if you can cast a doubt on the reliability of the police evidence. The court may take into account the reading from your Tom Tom or your speedo – but if they are both less accurate that the police speed detection device – which I anticipate they are- you wont win.
It may amount to a special reasons argument to show that either one of the devices misled you into thinking that you were going slower than you thought – but it would not be a defence. A successful special reasons argument would allow the court to agree not to give you the penalty points.
Come back to me if I can assist further and if you would like to take the matter to court to try and challenge it.