Wednesday 7 May 2008

Oh Mr Loophole i wish i could afford you!

I was very interested to read about Freddie Flintoff’s fortuitous let off after being captured on camera allegedly speeding at 87mph in a 50mph zone. Apparently, and my own solicitor has confirmed this, the notice of prosecution has to be sent and received within 14 days of the offence and in this case it was received after 18 days.

Mr Loophole (Nick Freeman) must be commended for his efforts I suppose but surely this is a technicality that hardly merits the use of his trademarked name?
Surely this legal requirement is well known and the system enabled to offer the same dispensation to all?.................Not so!

In February 2001 speed cameras were put up in my street where I have lived for over 30 years. On the 12th February I apparently fell foul of this camera three times, recording one mile over the limit on one journey and two miles over the limit on the other two.
I was blissfully unaware of my crime at the time but over two days during May 2001 the three prosecution notices arrived through my letterbox. To cut a long story short my brief was certainly not aware of the time stipulation and I was found guilty and the magistrate in his wisdom decided to give me three, four and five points respectively, under the totting up procedure, which meant I was automatically banned although there is very little I could have done and once aware of the camera’s operation I obviously kept to the speed restriction.

The thing about being banned is that insurance companies do not discriminate between types of ban and speedsters, however slight, are treated in exactly the same manner as drink drivers. My own insurers, Royal Sun Alliance, immediately dropped me although I had paid up my premium in April 2001 unaware of what was to pop through my letterbox the following month. My new insurer charged me three times more than my previous premium for the next four years and so it turned out to be an expensive experience and as it happens one I could have legally avoided if only I knew my legal rights. Doh!