Hundreds of drivers in South London, who claim they have been wrongly fined due to a counterfeit 50mph sign placed in a 40mph speed zone, have a more fundamental reason to contest their cases: the assertion that the 40mph speed limit itself was unlawfully introduced.
Nick Freeman, known as Mr Loophole for his success in high-profile cases based on legal technicalities, argues that Transport for London (TfL) failed to follow the correct procedures when reducing the speed limit to 40mph on an eastbound stretch of the A20 near Sidcup. Consequently, any speeding tickets issued to drivers on this section of the road are invalid.
The speed limit was temporarily reduced from 70mph to 50mph and then to 40mph due to persistent flooding. However, Freeman contends that TfL improperly utilised traffic order legislation meant for emergency responses to enact this change.
He stated, “By adopting emergency response procedures, TfL was able to bypass the requirement to advertise and provide advance notice of the speed limit reduction. In my opinion, this wasn’t an emergency situation: flooding on the A20 has been a long-term and ongoing issue, not a sudden, unexpected, and unanticipated event. If TfL wished to lower the speed limit, they should have followed a different procedure, one that would have required them to inform the public of their intentions. That’s why, in my view, the 40mph limit was introduced unlawfully, rendering any speeding tickets issued there void.”
The situation was exacerbated by a fraudulent 50mph sign, which, according to the police, was installed by an “unauthorised third party” after speed cameras were adjusted to the new, lower limit. As a result, CCTV generated hundreds of automatic fines and penalty points for drivers misled by the incorrect sign. The Metropolitan Police have acknowledged that the sign should not have been there but maintain that it “would not have impacted the enforcement of the 40mph average speed limit,” hence refusing to cancel the penalties.
Freeman further argues that there are additional grounds to challenge the speeding tickets, given the legal obligation of the local authority to ensure that speed signs are clear and unambiguous.
“If there’s a 50mph sign amidst a 40mph zone—rogue or not—drivers will naturally assume the signage is legitimate. It must have been apparent to the police, given the number of people exceeding the limit in the same section of a 40mph zone, that there was an issue with the clarity of the signage.”
Moreover, there is a statutory duty to remove incorrect signage.
Twelve local MPs have appealed to London Mayor Sadiq Khan, urging him to annul the fines.
Freeman adds, “Many motorists, who are otherwise law-abiding citizens, have received three or four tickets, believing they were driving within the speed limit. These tickets can lead to catastrophic consequences, including potential bans that might jeopardise a person’s employment. It’s evident that the authorities have misapplied the law, primarily by adopting the incorrect procedure to lower the speed limit, as well as failing to remove obsolete signage. I cannot fathom why the police and TfL do not consult with legal experts to rectify this issue. Instead, they are penalising innocent members of the public for their own legal misunderstandings.”
About Freeman & Co.
Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.
If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.
Freeman & Co. are available for Police Station attendances and an experienced criminal lawyer is on hand to take your call.
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Our Details
Freeman & Co Solicitors
8 Oxford Court
Manchester
M2 3WQ
Tel. 0161 236 7007
