Safe Speed Forums

Legislation requires the Partnership to give adequate guidance to motorists of the speed limit.

POLICE chiefs have scrapped a speed trap on a major Hampshire road a month after a district judge ruled that it has no legal limit.

But the county's top policeman has insisted he sees no reason not to continue cases against drivers already caught on the same stretch. That is despite the Crown Prosecution Service dropping at least one case against a motorist being prosecuted for speeding on the A27 at Fareham because "there is no realistic likelihood of conviction".

Chief Constable Paul Kernaghan's decision has been condemned by legal experts as "baffling and contradictory".

As reported in the Daily Echo last month, District Judge Philip Gillibrand ruled faults in the way 40mph limits are signposted on the A27 between Titchfield and Fareham meant speeding offences could not be prosecuted.

His judgements led to 14 motorists in test cases being found not guilty.

Experts said the ruling means all convictions for speeding on that five-mile stretch of road for at least the last two years are unsafe, because the law says no one can be prosecuted where signing does not meet legal criteria.

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Hampshire's Safer Roads Partner-ship, the body responsible for the county's speed cameras, has since said it disagrees and is refusing to revoke any penalties.

Mr Kernaghan has said he agrees with the partnership's decision.

In a letter to solicitor Barry Culshaw, who has represented many of the motorists facing prosecution for speeding on the A27, Mr Kernaghan also backed the practice of continuing to process fines, even after Judge Gillibrand said the limit does not exist in law.

But he did reveal he has ordered officers not to issue fresh fines.

Mr Kernaghan wrote: "I have suspended enforcement action in the area in question, but see no reason not to process cases already within the system.

"My position must be to treat everyone caught by excess speed detection equipment fairly, and above all, to promote road safety."

Mr Culshaw was stunned by the letter. "I was absolutely staggered when I read it," he said. "To suspend enforcement but to continue prosecution is so contradictory and inconsistent.

"I don't know when they suspended enforcement, whether it was a result of the judgement or my letter, but regardless, why have they continued to issue and process penalties?

"They've got to decide if they are going to change the signs, because if they do then everyone will be able to see that they accept they got it badly wrong.

"If they disagree with the judge on such an important matter why haven't they appealed to the High Court?"

Last night the Safer Roads Partnership refused to confirm the area where enforcement has been suspended, saying it would be "irresponsible" to do so.

It is unclear whether it relates to one of the four specific sites on the A27, or the whole stretch between Titchfield and Cams Hill.

Spokesman Julian Hewitt said: "While the judgement was not binding on other cases the partnership considered that it is sensible to ensure that all signs are fully compliant on this route.

"Enforcement was therefore suspended pending an audit of signs."

As these leters are been written in Chief Constable Paul Kernaghan's(CBE QPM LLB MA) name, it might be interesting to know his view.
Especially as Julian Hewit was informed by me 1 year ago about Eastern Way and Western Way and responded to the freedom of information request (238) refusing to give me a copy of the site signing checks that he shoud do each six months as ordered by the department for transport press relese 5810

So when they say things like "30% of accidents have speed as the main contributory factor" it doesn't mean what you imagine.

"My position must be to treat everyone caught by excess speed detection equipment fairly, and above all, to promote road safety."

The battle goes on. I am before D J Gillibrand with ongoing A27 cases and I am also seeking to set aside a number of Court convictions for speeding on A27 on 5th December next at 10 am Portsmouth Magistrates' Court.

Footballer tackles illegal speeding fines
By Julian Robinson
Comment | Read Comments (13)

FORMER England international footballer Paul Walsh is tackling unfair speeding convictions.

The ex-Liverpool, Tottenham and Portsmouth player is hoping to gain support for his bid to persuade the High Court to boot out thousands of Hampshire speeding penalties.

Mr Walsh, who lives in Sarisbury Green, is disgusted that the Safer Roads Partnership has refused to refund fines and remove points from motorists' licences, despite losing a legal case that found speed limits on a major Hampshire road were not legal.

In October, Mr Walsh, 45, was one of the motorists who had a speeding prosecution thrown out as a result of a court ruling that speed limit signs on the A27 near Fareham did not comply with the law.

District Judge Philip Gillibrand found that the 40mph limit on a five-mile stretch of the busy road, between Titchfield and Cams Hill, effectively did not legally exist.

As a result, the Crown Prosecution Service dropped actions against several other drivers because there was no chance of a conviction.

advertisementLegal experts argued the judge's findings meant all fines paid by motorists over at least the last two years for offences on the same stretch of road should be refunded, and the points taken off their licences.

Although police have since suspended speed enforcement in the area, they have continued to process penalties and do not accept that convictions should be overturned.

Going to the High Court costs a substantial amount of money, and I think they’re gambling that we don’t do it, but the more people that come forward the less it will cost each of us.
Paul Walsh

"It's an absolute scandal and I want to fight it," Mr Walsh told the Daily Echo.

Both he and his wife have existing points on their licences for speeding on the same stretch of the A27 where the signing was ruled insufficient.

Mr Walsh believes the Safer Roads Partnership should refund fixed penalty fines paid since the signs have been faulty, but if it still refuses he wants to take it to a judicial review.

He has joined forces with solicitor Barry Culshaw, who last month lodged a formal complaint against Hampshire Chief Constable Paul Kernaghan over the handling of the fines.

"I'd like anyone who has been done to join forces and take this on," said Mr Walsh.

"Going to the High Court costs a substantial amount of money, and I think they're gambling that we don't do it, but the more people that come forward the less it will cost each of us.

"There's people's livelihoods at stake because of these points.

"How they can say they're not going to refund us when they've been found to be in the wrong just dumbfounds me.

"Sometimes when you're caught speeding you just have to put your hands up.

"The police have been found in the wrong and fined thousands of people they shouldn't, and they should put their hands up."

Speed case drivers face court delay
UP to a dozen Hampshire motorists bidding to get their speeding cases kicked out of court will have to wait until the new year to find out if they are successful.
The motorists are bidding to join 14 others who had their speeding cases quashed in October after the judge in the case ruled signage on the A27 where the drivers were caught on camera was inadequate.
The judges' decision meant Hampshire Constabulary could not secure convictions for the motorists. It also has had to suspend camera prosecutions on the five-mile stretch of the A27 from Titchfield to Fareham.
Yesterday more drivers were also due to have their cases heard at Portsmouth Magistrates' Court, but proceedings were adjourned at the last moment after the judge and the lawyers representing the Hampshire Camera Partnership said they needed more time to consider the papers.
The court was told how solicitor Barry Culshaw already has 12 drivers signed up to fight their convictions, and has heard from another 30 considering joining.
The proceedings are due to resume in January.