Speeding on the A20: Case Dismissed!

On 29 January 2024 I was accused of speeding on the A20 dual carriageway heading out to the M25. It's a road I know well, and I am well acquainted with the speed limit. I also knew that in the earlier stretch the limit had been reduced 50 to 40, but was not aware that the stretch beyond the Bexley turnoff had temporarily been reduced to 40 also, from 70. There was no signage in the central reservation to tell me so, and apparently only one small 40mph sign over the left, which would be invisible at night either due to another car obscuring it, or as there was no streetlighting.

On October 25, the initial date for the hearing, my case was adjourned at Willesden Magistrates Court due to the non appearance of the defence witness, PC Goodwin. My counsel was clear that her evidence was integral to our case and she needed to be cross examined. We reiterated to the CPS that she was to appear at my second hearing, which took place this morning.

Again, she didn’t show. And nor did PC Coomber, a prosecutin witness. The CPS said she was double booked at Bromley! They then changed their story to the assertion that she got the wrong day because she picked up the wrong file. The district judge then asked the CPS if she could appear by video link. The CPS said yes but didn’t seem very sure.

My Counsel objected on the basis that her evidence was pretty irrelevant in any case as it was Goodwin we needed. The CPS said Goodwin couldn’t appear for a personal reason that he couldn’t disclose. The judge then asked if that was the case in October and also now, why hadn’t we, the Defence been notified. Answer came there none.

My Counsel then took a few minutes to outline our case in order to convince the judge there were questions on signage in the 70-40 stretch which only Goodwin could answer. The judge listened intently without interruption and you could almost hear the penny start to drop.

Our case was based on the fact there were no 40mph signs in the central reservation and only one on the left hand side before the no street lighting bit started. They were not high enough and could be obscured by cars in lane 1. I was in lane 2 doing 66mph. The signage goes against all the recommendations in the traffic manual, which also says if there is no street lighting and inadequate signage the driver is entitled to assume the national speed limit applies. So we then trooped off to a different court for the video link.

When I walked into the court I could tell something was amiss. Apparently PC Coomber’s laptop had (conveniently?) crashed. The judge didn’t quite explode but she was becoming visibly irritated. The prosecutor assured her that PC Coomber was finding an alternative laptop but in any case she hadn’t yet been sent an email with the video link.

At that point, I started to hope the judge would throw out the case. She told the hapless CPS prosecutor he had one minute to establish the link. That didn’t happen so my Counsel said it was impossible for me to get a fair trial. The judge asked CPS: “What evidence are you offering?” The answer came “None, Judge.” The Judge then looked at me and said: “Please stand. Case dismissed. You are free to go, Mr Dale.” So I did! She then awarded costs to me. However, I can only claim the equivalent of legal aid back, so I will still be well out of pocket, although it has all been worth it given I now still have a licence!

So I can’t say I “won” the case, although it feels like that. I would recommend anyone in a similar position, where the witnesses don’t turn up should quote my case as a precedent for throwing it out. I have to say I feel very fortunate, although I know right was on my side. It’s saved me from a ban which could well have been six months. Good luck to everyone else. 

It is outrageous that the courts system all over London is being thrown into chaos by the plethora of cases being brought by the Met and TfL, which the CPS then have to prosecute. This morning's proceedings took up 90 minutes of court time which would have been far better utilised by bringing a case against someone who had committed a violent crime. The CPS really need to think on this.

Many thanks to my legal team, Ed Atkinson at Freeman & Co, and Fred Batstone at 2 Bedford Row Chambers.