To be able to charge someone using a speed camera, the owner of the vehicle needs to reveal who was actually behind the wheel when the offence was committed. If the owner of the vehicle admits to being the driver they’re prosecuted normally. However, if they refuse to give any information they're charged with further penalties and fines. This method breaches the human right that you should not have to incriminate yourself and that people shouldn’t be threatened with a charge for not providing information that could lead to a prosecution case against you.
The current law actually denies a motorist’s right to silence. It’s been illegal to force suspects to admit guilt under duress for centuries but the government has been getting away with it for years now. However, UK’s Department of Transport (DoT) isn’t about to back down. It will defend the case, but will be forced to accept any rulings the European court decides, which is expected in several month’s time. If the ruling is passed the DoT will still be able to use mobile speed cameras manned by a police officer who can identify the driver at the scene.