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PostPosted: Tue Sep 24, 2013 04:57 
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Thousands of motorists given points after being caught speeding by 'illegal' warning signs could have their cases DROPPED
By Liz Hull PUBLISHED: 19:29, 20 September 2013 - UPDATED: 19:30, 20 September 2013

Two motorists speeding on the M42 have already had cases dropped
Variable speed limit signs had been fitted with the wrong shaped numbers
Signs on the M1, M4, M5, M6, M20, M25 and M40 were also affected

Thousands of motorists given points after being caught speeding on a motorway with ‘illegal’ warning signs could have their cases dropped, it emerged yesterday.

Two motorists who faced a ban from driving after they were caught speeding on the stretch of M42 near Birmingham have already had their cases dropped.
The decision to shelve the test prosecutions of both drivers could lead to an avalanche of claims from thousands of other motorists who accepted penalty points, paid fines or had their licences revoked - and now want their convictions overturned.
Illegal: Thousands of motorists could see their speeding cases dropped because variable warning signs displayed speed limits with the numbers the wrong size

It also means millions of pounds could have been wrongly taken from motorists in fines and fixed penalties by the police and Government.
The men, both national sales representatives who feared their jobs would be on the line if they were banned, were snapped travelling over the limit on the M42, near Birmingham Airport last year.

But their solicitor, Matt Reynolds, later discovered that overhead warning signs next to the police enforcement camera had been fitted with the ‘wrong shaped numbers’ and were technically unlawful.

The revelation, in November last year, led police and the CPS to suspend prosecutions for several weeks, costing the Government thousands of pounds in lost revenue.
However, prosecutors refused to acknowledge the mistake and reopen the cases of thousands of other drivers caught by the camera, which was operating next to the illegal signs for 13 months from October 2011.

Instead they insisted on vehemently fighting the two test cases, which had been listed for trial later this year.
Wrong size numbers: The 'illegal' signs were in place on a number of motorways around the UK (file picture)

Only after Mr Reynolds discovered, through requests made under the Freedom of Information Act, that the Highways Agency and the CPS knew the signs were unlawful all along did they finally agree not to go ahead with the prosecutions.

He obtained minutes of meetings which revealed both organisations were aware enforcement should have stopped 12 months earlier, in late 2011.
Earlier this week, once the CPS realised Mr Reynolds had seen the minutes, they announced it would ‘not be in the public interest’ to contest the two cases.
Last night Mr Reynolds, of Just Motor Law, accused the CPS and Highways Agency of orchestrating a ‘cover-up.’

WHAT TO DO IF YOU THINK YOU MAY BE AFFECTED?
Anyone caught speeding along the M42, between junctions seven and nine, between October 2011 and November 2012, is likely to have been affected.

However, the signs could have had an impact on thousands more motorists after the Highways Agency conceded that variable speed signs and cameras have been used on other stretches of motorway, including the M42, between junctions 3a and nine, M40 at junction 16, M6 at junctions four to five and junctions eight to 10a, M1 at junctions 6a to 10 and 25 to 28, M20 at junctions four to seven and M25 between junctions 10 and 16 for several years.

If you’ve accepted points or been on a speed awareness course and paid the fixed penalty the only way to appeal is by writing to the chief constable of the police force concerned and arguing you have been treated unfairly.
It will be at the discretion of the force as to whether to reimburse and revoke points of motorists.

If your case went to court, you will need a solicitor to go back to magistrates and argue for the case to be re-opened in a bid to have the conviction quashed and any fines or costs re-paid.
For more information e-mail enquiries@justmotorlaw.co.uk.


He said Transport Secretary Patrick McLoughlin should intervene to ensure the thousands of motorists, who’ve been caught by the camera next to the rogue signs, have their points revoked, fixed penalties repaid, convictions quashed and fines reimbursed.

‘This latest development changes everything,’ he said. ‘It gives hope to motorists who have arguably wrongly paid fixed penalties, been banned, paid for speed awareness courses or suffered hiked up car insurance premiums because of the Highways Agency mistake.
‘It is of huge concern that the authorities have seemingly covered up the unlawfulness of the signs, presumably because of the huge amounts of money that would be involved in organising reimbursements and paying the money back. I have had to make Freedom of Information requests to unearth the truth.
‘Shortly after the CPS became aware that the minutes of these meetings were in the possession of the defence they discontinued the cases. I find it hard to believe that the timing of this decision was a coincidence.

‘In the circumstances it is only fair and consistent that all speeding convictions associated with these speed limit signs during this period are overturned and indeed all fixed penalties reversed and drivers refunded.
‘Had motorists known at the time that the signs were unlawful they may have reasonably contested the allegation.’

The signs, known as Advanced Motorway Indicators (AMIs), introduced on the M42 in 2006, were illegal because numbers used to display variable speed limits did not exactly match those prescribed by the Department of Transport.
According to the Highways Agency the numbers were in a different font to those stipulated by DfT regulations, which made them appear ‘taller’ and ‘stretched.’

Signs on the M1, M4, M5, M6, M20, M25 and M40 were similarly affected.
Only following intervention from the Secretary of State on November 27 last year were the signs deemed legal and prosecutions resumed.
Last night one of the men affected, a sales director in his 50s, said: ‘My livelihood was potentially at stake because of this.

‘The police and Highways Agency have known for months that the signs they used on the M42 were unlawful, but still they insisted on fighting the case.
‘I’m very relieved that it has now been dropped, but what about the thousands of other motorists who have accepted fines and points on their licences which should never have stood?’

Read more: http://www.dailymail.co.uk/news/article ... z2fmKSmvjr
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PostPosted: Tue Sep 24, 2013 05:08 
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This needs to be promoted widely but frankly the DVLA ought to ensure that all those convicted are notified immediately without fail.

It is awful when things are proven wrong, even illegal, and people have un-necessarily 'suffered' that it is left to people coming forward in such an ad-hoc and chance fashion!

The compensation should be complete and include all consequential damages.

I guess this is why all the M25 cameras have never booked anyone. :scratchchin: Interesting.

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PostPosted: Tue Sep 24, 2013 08:02 
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If you get a fixed penalty notice and pay it, you are admitting guilt and you will not be refunded or points removed. Only those protesting innocence (I suspect very few in this case as it concerns wrong lettering) will be put back as they were.

Quote:
The police and Highways Agency have known for months that the signs they used on the M42 were unlawful, but still they insisted on fighting the case.

However, the sheer cynicism of this deserves investigation.

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PostPosted: Tue Sep 24, 2013 10:45 
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There's a post on PH on this in which it's alleged ( by you know who, under another nom de post) that the second font has now been made legal . I'm surprised he hasn't surfaced to tell us that it's only a technicality .

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PostPosted: Tue Sep 24, 2013 13:36 
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And he would be right that it's only a technicality but if we allow a breach of technical regulations then surely a breach of a speed limit, which is a technical regulation, is acceptable. If we allow some leeway on one side then some flexibility must apply to the other.

Unfortunately, the claim is that speeding is an absolute offence so then the regulations enforcing limits must also be followed to the letter. It's no use saying that the law is too complicated or obsure to get right as the same applies to the motorist.

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PostPosted: Tue Sep 24, 2013 20:49 
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Should have put some smilie after the end of my first sentence .But ,yes ,I agree with you ,but if it's an absolute offence ,then the conditions must be absolute and adhered to ,otherwise the conditions of the limit are not met and it's unenforceable .

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