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Cheshire Safety Camera Partnership Forced to Refund Fines!

 
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Darren
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Joined: 11/07/2002 14:36:40
Posts: 23848
Location: Hampshire, UK

PostPosted: Tue Jan 20, 2009 8:11 pm    Post subject: Cheshire Safety Camera Partnership Forced to Refund Fines! Reply with quote

pocketgpsworld.comThanks to my father for this one!

In Nov 08 he was caught by a temporary 40MPH GATSO on the A5117. The GATSO is situated immediately after the temporary speed reduction from 70mph to 40mph.

Today he received a letter from Cheshire Police informing him that as the Highways Agency had not applied to renew a Temporary Traffic Regulation Order required to enforce the speed limit reduction, prosecutions between Apr 8 and Dec 17th 2008 were invalid.

Consequently they are refunding the fines of all those affected and have been advised to return their licences to DVLA who will remove the penalty points.

More evidence (if it was needed) that we should not just accept a fine without question. Superintendent Guy Hindle of Cheshire Police said: “We are not happy to progress with offences on this road which occurred between April 9, 2008, and December 17, 2008. Anyone who committed a speeding offence between these dates on this section of road will be entitled to have the points removed from their licence and their fines returned"

Now unless I'm mistaken, if there is no Traffic Order in place, it is not a case of "not happy to progress with offences" but rather "IT IS NOT LEGAL" to prosecute as no offence has been committed!

However, full marks to Cheshire for actually taking the steps to contact all those affected. A similar case in Devon in 2006 occurred but in that instance the partnership said it was up to drivers to contact the courts and that fines/penalty points would not automatically be refunded.

Quite how much this has cost them in administration is not yet known but the cost of identifying and contacting the 4000+ motorists affected will add up.
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alwyn1
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Joined: Feb 04, 2006
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PostPosted: Wed Jan 21, 2009 11:30 am    Post subject: Reply with quote

How do you know when a speed camera is illegal?
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Darren
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Joined: 11/07/2002 14:36:40
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Location: Hampshire, UK

PostPosted: Wed Jan 21, 2009 11:36 am    Post subject: Reply with quote

alwyn1 wrote:
How do you know when a speed camera is illegal?

A good question, you could always use the Freedom of Information Act to request disclosure of a Traffic Order which would at least indicate if the Order was in force and if the location specified was correct.
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