Speed camera fines overturned by court

9:42am Monday 12th March 2007

Comments (9)   Have your say »

HUNDREDS of motorists caught by a speed camera on a major Southampton road have begun taking steps to claim back their fines.

As the Daily Echo reported, many could have their court convictions overturned because of a legal blunder.

The move comes after two drivers - Barrie Wells and Michael Halliwell - won appeals against breaking the speed limit after it emerged they were prosecuted under the wrong section of traffic law.

Their victory has paved the way for hundreds of motorists prosecuted after being clocked by the speed camera to have their cases reopened, fines repaid and penalty points cancelled.

Caught On separate occasions in October 2004 Mr Wells, 62, of Shirley, Southampton, and Mr Halliwell, 63, of Lymington, were caught speeding in a temporary 30mph zone on Redbridge Road.

Both thought the normal 50mph speed limit was in place and refused to pay their £60 fixed penalty notices, arguing that inadequate signing made them unaware of the temporary speed restriction introduced during repair work.

However, after a trial last year, each was found guilty, fined £150 and their licences endorsed with three penalty points.

They and their legal team lodged an appeal and had prepared a case on the inadequate signage, but in the end their appeal was upheld on a legal issue.

The crown court ruled that both men were wrongly prosecuted under section 89 of the Road Traffic Regulation Act, for permanent speed limits, rather than section 16, designed for temporary speed restrictions.

A Crown Prosecution Service spokesman said it would study the appeal hearing ruling before deciding whether to launch its own appeal.

What the ruling means for drivers

THE appeal ruling affects any driver prosecuted in court after being caught out on Redbridge Road during the temporary speed restriction.

About 5,500 drivers are believed to have been caught exceeding the 30mph temporary speed restriction between September and December 2004, paying an estimated £300,000 in fines.

Most of these would have received fixed penalty notices through the post, paid their £60 fine and had their licences endorsed with three penalty points.

These drivers will not be able to get their money back because they were not prosecuted in court.

However, it is thought that hundreds of motorists among the 5,500 people clocked by the camera who were automatically summoned to court and prosecuted, could now apply to have their cases re-opened.

These would have been drivers who were caught driving excessively fast and those who had totted up 12 points on their licence.

About 80 people among the original 5,500 were summoned to court after refusing to pay their fixed penalty notices on the grounds that the temporary speed restriction signs were inadequate.

Some of these have been found guilty of speeding and can now also apply to have their cases reopened.