THE defence solicitor whose arguments against speeding penalties enforced on the A27 were backed by a judge believes the door is now open to others who were fined to claim their money back.

Barry Culshaw told the Daily Echo he thinks the points of law established by District Judge Philip Gillibrand's ruling means all penalties issued on the road between Fareham and Titchfield are invalid.

"The judge's finding proves the speed limit was illegal on that stretch of road," said Mr Culshaw, of Blake Lapthorn Tarlo Lyons solicitors, based in Segensworth.

"The law therefore says that nobody can be, or should be convicted at that enforcement site."

With expert witness Richard Bentley, Mr Culshaw proved that a lack of proper signage meant the limit was not legally enforceable.

Mr Bentley says there may now be options available to other people caught.

He is now advising anyone convicted by a magistrates court of speeding in these areas to go to a solicitor and ask for the magistrates to re-open your case in light of the new evidence provided by yesterday's ruling.

"The cases can be reheard, and should be dismissed," said Mr Bentley.

"They pay you back your fines, clear your licence and refund all your costs."

For those who the three points meant more serious consequences for their licence, the ruling could have a major impact.

"Those that have been disqualified as a result of a penalty obtained at the site need to be seriously looking at who is responsible for getting it so wrong," added Mr Bentley.

"They might want to take out a civil action against someone for any knock-on effects of having their licence taken away, like losing a job or even having a home repossessed."

Motorists who paid a £60 fixed penalty notice should also ask for their money back and the endorsements taken off their licence.

"It's down to the Safer Roads Partnership to decide if it is going to refund," said Mr Bentley.

"Generally it takes public pressure for that to happen, but it has in the past in cases in Wiltshire, Devon and elsewhere.

"But the act of law prohibits anyone having a conviction for anything relating to an incorrect limit, so you should write to the partnership to demand your money back.

"If that doesn't work, and enough people get together, they can take the authorities to a judicial review.

"It can be expensive, but not where there are lots of people acting together.

"The case law that I am aware of suggests that this money is a debt that they owe you back and should not keep."

Although this only relates to people who have been convicted of offences on the particular stretch of the A27, Mr Bentley believes there are many other roads in Hampshire where speed limits are incorrectly signposted.

"I don't know what is happening in Hampshire - there is a cacophony of errors in the signing all over the county, so there must be many more cases like this out there," he said.

If you think you have been unfairly penalised here are more details of the legal requirements for speed limit signing.

The signs look right, so does it really matter?

Illegal or incorrect signing can and will provide a statutory prohibition against conviction when enforcement relates to certain forms of speed limit.

For example, the sign to the right may look right' but, by government definition, its use was illegal and it was and is; merely an obstruction of the highway.

The Police and Highway Authority insist the limit has been set up correctly and the enforcement is valid, won't that do?

Incorrect Traffic Regulation Orders (TRO's) invalidate the status of a speed limit.

How can a Traffic Order be invalid?

The Order' can be badly worded, any failure by a Highway Authority to consult or listen to the findings of that consultation process can lead to the Order' being void or voidable in law.

The Police use scientifically proven devices like cameras, surely that means they are always right doesn't it?

Any number of failures can occur, by simply not carrying out a calibration check of the speed detection device at the appropriate time the enforcement will be invalidated

Additionally, laser and radar devices are prone to both operator error and bad practice.

How can I prove that I am innocent?

Whilst it is for the Crown' to prove you guilty beyond reasonable doubt, do not expect the Police or the Partnership to admit their mistakes either to you or the Court.

Do not expect the highway authority to admit their regime is not lawfully created, they will go to the wire to defend defective or illegally signed regimes.

So, your defence will initially be in your hands:

Firstly you must secure your evidence, without evidence, your lifestyle, and your livelihood may be unnecessarily at risk, I suggest that:

1. If you find or believe that you are to be prosecuted for speeding in a permanent speed limit then you should:

a. Photograph all the signing, include the speed limit signing at the start, the end, and those sings present throughout the restriction.

b. Ensure your photographs show the full width of the road.

c. Photograph the limit in both directions.

d. Note and photograph the location of the enforcement site or camera.

e. Ensure that any changes to the signing that occur after your detection are permanently recorded by camera and the dates are noted.

f. Any unusual' or additional signs should be shown both in close- up as well as in wide angle/distance shots.

g. The images should work like a slide show and enable the viewed and the Court to drive' the route on a screen.

h. Use a digital imaging system. Do not alter or enhance the images, burn the images to CD in the first instance and keep it safe.

i. Take enough photographs, you must provide enough detail, you cannot replace what is not there.

2. If you suspect that you have been detected or are to be prosecuted for speeding within a temporary restriction (road works) then:

i. Return to the site as soon as you suspect you have been detected.

ii. Photograph all the signing entering, within, and leaving the works. Include the advanced warning signs on the approach and unrelated signs within the system.

Try to record the signing on the side or slip roads entering and leaving the site.

iii. Follow points a to i above.

iv. If the signing regime changes on an hourly, daily or weekly basis you really must try to record those alterations.

Source: www.rmbconsulting.co.uk