Postal strike helps driver beat speed camera case

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Kent's road safety camera partnership has lashed out at criticisms that it doesn't understand the law after a speeding case was dropped when an apparent legal loophole was exploited by lawyers.

A Maidstone man claims to be the first in Kent to beat a speed camera rap thanks to a postal strike which meant he didn't receive notifcation he was to be prosecuted.

Benjamin Childs won his case against Kent and Medway Safety Camera Partnership, and his lawyer said safety officials need to learn the law better. It was a blast that has prompted a fierce response.

The camera partnership alleged Mr Childs had been caught by a mobile camera along Willington Street, Maidstone, doing 39mph in a 30mph limit on October 18, 2009.

They sent a letter to his mother, who was the registered keeper of the car, dated October 20, but was posted at the earliest on October 21, they said.

Mr Childs' legal team at My Brief Solicitors in Chatham, said the usual rule is to send a notice of intended prosecution to the registered keeper within 14 days of the offence being committed.

My Brief lawyer Jeremy Betts is upset after the partnership said it had never lost a case.

He said: "It seems they had forgotten about Mr Childs. The case has now been dropped in the last couple of weeks."

He said the notice to Mr Childs was sent just before a national postal strike.

The legal team argued it would not have been received within the statutory 14 days and the partnership should have taken other steps to deliver, such as by hand or by courier.

However, the partnership argues it only has to post the notification within 14 days to comply with the law.

My Brief wrote to the partnership, but camera chiefs and the Crown Prosecution Service still took the issue it to court.

Mr Betts said: "The case was in court twice before Mr Childs was acquitted. This means it has resulted in thousands of pounds in wasted costs with the partnership having to pay Mr Childs' solicitors' costs as well as the time spent wasting court time.

"This highlights the partnership's inability to understand the law. It expects motorists to comply with certain time limits yet the partnership seems to take the view that the same time limits do not apply to them."

A partnership spokesman told KoS: "We have to post the Notice of Intended Prosecution to the registered keeper of the vehicle within 14 days of the offence.

"The registered keeper does not actually have to receive it within the 14 days so we are unsure as to why this decision was reached and are currently in discussions with the Crown Prosecution Service.

"The stretch of road in question is Willington Street in Maidstone and the safety camera is there because four people have been killed or seriously injured.

"Mr Betts states the partnership ‘seems to take the view that the same time limits do not apply to them'.

"We would like to take this opportunity to remind his client that the same speed limits apply to him as they do other motorists."