Wrong date on my fixed penalty
Discussion
Was given a fixed penalty 3 points and £100 on Friday for speeding.
On the paperwork the date is given as 05 06 16. Clearly June. But Fridays date was actually 05 08 16 August.
What are the chances of getting away with it on a technicality, or will the court stand by the decision and prosecute?
On the paperwork the date is given as 05 06 16. Clearly June. But Fridays date was actually 05 08 16 August.
What are the chances of getting away with it on a technicality, or will the court stand by the decision and prosecute?
Broch said:
Was given a fixed penalty 3 points and £100 on Friday for speeding.
On the paperwork the date is given as 05 06 16. Clearly June. But Fridays date was actually 05 08 16 August.
What are the chances of getting away with it on a technicality, or will the court stand by the decision and prosecute?
Google 'Slip rule'On the paperwork the date is given as 05 06 16. Clearly June. But Fridays date was actually 05 08 16 August.
What are the chances of getting away with it on a technicality, or will the court stand by the decision and prosecute?
In short.. No you can't get off on a technicality.
About 12 years ago I got caught by a camera van on the outskirts of Edinburgh, however the NIP had the wrong road on it. I stupidly had been driving the car to the scrap yard to buy bits to fix it after a failed MOT, so not wanting to stir the pot and possibly have the lack of MOT noticed decided just to accept it anyway. Luckily I received a letter in the post stating that due to a clerical error they would not be proceeding with the speeding charge. I was a lucky lad and grew a new appreciation for the phrase "one crime at a time"!
However reading about "Slip Rule"..
However reading about "Slip Rule"..
The Internet said:
Although a Notice cannot be amended, any error can be corrected by sending a replacement Notice within 14 days of the offence. Likewise, if the matter proceeds to Court, errors in the Notice can be corrected in the Court papers. The Slip Rule allows typographical or minor errors to be corrected in this fashion, it does not however allow the prosecution to bring a completely new case or allegation.
...the road name being wrong may have been classed as it bringing a different charge, as opposed to an small error. The plot thickens...................
Was back in Glasgow this past week so went to pay the fine and get my points on Thursday, (7 days after the event).
Once in Glasgow Sheriff Court, the girl at the counter couldn't accept my money and process due to the case being more than 28 days old.
She took a photo copy of the report, noted my mobile number and promised to call me yesterday, which she never did.
I go overseas on Tuesday for a month and wonder what will happen next.
I'll let you know................
Was back in Glasgow this past week so went to pay the fine and get my points on Thursday, (7 days after the event).
Once in Glasgow Sheriff Court, the girl at the counter couldn't accept my money and process due to the case being more than 28 days old.
She took a photo copy of the report, noted my mobile number and promised to call me yesterday, which she never did.
I go overseas on Tuesday for a month and wonder what will happen next.
I'll let you know................
HantsRat said:
Broch said:
Was given a fixed penalty 3 points and £100 on Friday for speeding.
On the paperwork the date is given as 05 06 16. Clearly June. But Fridays date was actually 05 08 16 August.
What are the chances of getting away with it on a technicality, or will the court stand by the decision and prosecute?
Google 'Slip rule'On the paperwork the date is given as 05 06 16. Clearly June. But Fridays date was actually 05 08 16 August.
What are the chances of getting away with it on a technicality, or will the court stand by the decision and prosecute?
In short.. No you can't get off on a technicality.
A letter riddled with errors rescinding the "fine" duly arrived from the relevant force stating how they rarely made errors
As noted due to their cock up you couldn't technically pay the fine, we have had similar with a "rail penalty fare" where a member of staff was unable to do their job properly and fill in a date (even a month) correctly
Oh and a Vosa (old days) was thrown out of court on a technicality by ticking the wrong box having the vehicle as loaded when it was empty.
There have been plenty of threads on here over the years from people hoping to get off a prosecution because the NIP had an error such as the date of the offence being wrong, the time being wrong or the registration number being written down incorrectly, and I can't really recall any of them ending up with the case being dropped because it.
OP: If you think it's worth your time and effort trying to use the error as a loophole to avoid prosecution then give it a go - What have you got to lose after all?
If you do decide to give it a go, please come back and let us know how you get on.
OP: If you think it's worth your time and effort trying to use the error as a loophole to avoid prosecution then give it a go - What have you got to lose after all?
If you do decide to give it a go, please come back and let us know how you get on.
I would have sided with the no chance brigade, but seeing as you weren't allowed to pay when you tried (hope you've documented the time and name of the desk lady) as they stuck to their error, it's got to be at least worth a letter.
But - you do need to make sure you've informed them immediately as otherwise they'll have no trouble in correcting the error (cynic mode) once they can fine you more....
But - you do need to make sure you've informed them immediately as otherwise they'll have no trouble in correcting the error (cynic mode) once they can fine you more....
Broch said:
The plot thickens...................
Was back in Glasgow this past week so went to pay the fine and get my points on Thursday, (7 days after the event).
Once in Glasgow Sheriff Court, the girl at the counter couldn't accept my money and process due to the case being more than 28 days old.
She took a photo copy of the report, noted my mobile number and promised to call me yesterday, which she never did.
I go overseas on Tuesday for a month and wonder what will happen next.
I'll let you know................
Are you 100% certain that it would have been 5/8 and not 5/6? Is there any chance you were driving down that road on 5/6?Was back in Glasgow this past week so went to pay the fine and get my points on Thursday, (7 days after the event).
Once in Glasgow Sheriff Court, the girl at the counter couldn't accept my money and process due to the case being more than 28 days old.
She took a photo copy of the report, noted my mobile number and promised to call me yesterday, which she never did.
I go overseas on Tuesday for a month and wonder what will happen next.
I'll let you know................
Broch said:
davepoth said:
Are you 100% certain that it would have been 5/8 and not 5/6? Is there any chance you were driving down that road on 5/6?
I live north of Aberdeen and the last time I was on that road had been 3 years ago. So certainly wasn't on it in June.-edit-
Just to clarify that a little, if you went to pay and were told you couldn't, I think that's probably quite a powerful argument in favour of this error being outside the minor errors covered by the slip rule since it has had a material impact on the outcome of the case.
This morning I received a call from Glasgow Sheriff Court, the fines dept. to say that the Traffic Police had managed to change the status of the penalty, and that I could now pay the fine etc.
This afternoon, I visited Peterhead Sheriff Court and gave them the required amount.
The girl there didn't bat an eyelid when I explained the date and said she'd check.
Two minutes later and the fine paid, license endorsed and I was on my way.
So much for my initial thought of the technicality route..............
This afternoon, I visited Peterhead Sheriff Court and gave them the required amount.
The girl there didn't bat an eyelid when I explained the date and said she'd check.
Two minutes later and the fine paid, license endorsed and I was on my way.
So much for my initial thought of the technicality route..............
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