BACKGROUND

Motorists are finding inspiration from high profile cases where celebrities such as Paddy McGuinness have hired Nick Freeman (otherwise known as Mr Loophole) for his ability to find loopholes in badly drafted legislation and sloppy administration errors by the authorities trying to enforce the laws. This has become known as the Mr Loophole effect and Nick Freeman has published a book to shine a spotlight on the techniques he uses.

The number of motorists taking cases to Court rather than accepting on-the-spot fines has risen by almost 50% in the past 4 years.

This strikes a chord with me as I have personally taken this course of action in the past and successfully struck a Court case out on the basis of a road sign being obscured by a hedge.

I took my inspiration from Mr Coombes in Somerset who took his case to the High Court and won.

MY CASE

I was allegedly doing 47mph in a 30mph zone on my scooter at the time (I say alleged because anyone can allege anything until it is proven in a Court of law).

This never proceeded because I was the first man due up in Court at 10am and I pleaded ‘Not Guilty’ whereas everyone else did.

My case would have set a precedent, the Police knew that and they cancelled my Court Summons the night before I was due to make a guest appearance at the local Magistrates Court.

MOTORIST BEATS SPEEDING FINE ON TEMPORARY ROADWORKS

A motorist beat a speeding fine on temporary roadworks by literally taking a leaf out of my book to cancel a Notice of Intended Prosecution for an alleged speeding offence.

By doing so he saved himself penalty points, an increase in his insurance premiums and a possible driving ban as he already had penalty points on his licence.

EASY PICKINGS

We all know that motorists are seen as easy pickings and cash cows for the authorities, so anyone that is prepared to put a solid case together can fight back and win their cases.

It’s a chance you take by proceeding with a Court hearing as you run the risk of making things much worse. Magistrates can apply unlimited fines linked to your income plus Court costs, and the authorities rely on the majority of motorists simply paying up.

Whilst I cannot condone speeding and other common infringements that most motorists are guilty of at some point in their driving lifetime, the Road Traffic Act cuts both ways.

The authorities cannot expect this to flow one way against motorists without expecting some resistance by those that are prepared to fight back against the constant attrition they are faced with.

Have you successfully cancelled a speeding ticket?

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