Thousands could get speeding refund

Police in Essex could be forced to give back £20m in speeding fines because a 'procedural' error means the tickets were effectively illegal. Thousands of motorists are rejoicing because it means they'll have their fines refunded and their penalty points rescinded.

But for some it may not be that simple. Of the 300,000 or so it is thought could be eligible for a refund, some may have lost their jobs because their tickets meant they had accumulated enough points for a ban. In that case compensation could be claimed. In addition, those who had to take time off work to attend speeding courses could claim for loss of earnings.

The error is based on a stipulation of the 1998 Road Traffic Act, which states that the person who sends out penalty letters, who isn't a police officer, must have a signed letter from the chief constable giving him or her proper legal authority to do so. It is understood that the office worker sending fines out for Essex Police didn't have this letter, dating back to 2005. On average, Essex police hands out just under 75,000 fines per year, leading to the belief that up to 300,000 could be affected.

A police spokesman confirmed that the Essex force is currently investigating the blunder, though would not confirm how many will be affected. Plus, the association of Motor Offence Lawyers claims it will be difficult for drivers to get their refund, regardless of police mistakes, because magistrates will find a way to side with the police.

Mark Nichol