They've mis-spelt my name on my NIP - what can I do?
They've mis-spelt my name on my NIP - what can I do?
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celticpilgrim

Original Poster:

1,965 posts

273 months

Tuesday 18th October 2005
quotequote all
My NIP (for doing 38 in a 30)arrived on my doorstep this morning, but the mem sahb informs me that they have mis-spelt my name. Only 1 letter wrong, but it does make it a different surname.

Do I have any options here? Should I keep shtum and say nothing, or should I comlain that my constabulary are running speed awareness courses from next year, and that, but for a date arbitrarily set by my constabulary, I could have access to one of those, instead of copping 3 points?

dcb

6,068 posts

295 months

Tuesday 18th October 2005
quotequote all
celticpilgrim said:
My NIP (for doing 38 in a 30)arrived on my doorstep this morning, but the mem sahb informs me that they have mis-spelt my name. Only 1 letter wrong, but it does make it a different surname.


If it's not got your name on it, then it's not for you.

Send it back "not known at this address".

Boosted Ls1

21,200 posts

290 months

Tuesday 18th October 2005
quotequote all
Don't send it back to quickly, wait a couple of weeks. Don't open it either.

Boosted.

_dobbo_

14,619 posts

278 months

Tuesday 18th October 2005
quotequote all
dcb said:

celticpilgrim said:
My NIP (for doing 38 in a 30)arrived on my doorstep this morning, but the mem sahb informs me that they have mis-spelt my name. Only 1 letter wrong, but it does make it a different surname.



If it's not got your name on it, then it's not for you.

Send it back "not known at this address".


Ah, but since it's been opened isn't that tampering with the post, which is itself an offence?



where do they get the name from anyway? If it's the DVLA, that would indicate your name might be wrong on the vehicle registration document - I'd check this first since if it is it's down to you to correct.

Hughesie2

12,792 posts

312 months

Tuesday 18th October 2005
quotequote all
Boosted Ls1 said:
Don't open it either.

Boosted.


Can they tell when you've opened it as well, now THAT is impressive...

Munter

31,331 posts

271 months

Tuesday 18th October 2005
quotequote all
_dobbo_ said:


where do they get the name from anyway? If it's the DVLA, that would indicate your name might be wrong on the vehicle registration document - I'd check this first since if it is it's down to you to correct.


Thats what I was thinking. Did you get it wrong when you sent in the old V5/they typed it in wrong on your new V5 and you didn't notice and send it back for correction.

celticpilgrim

Original Poster:

1,965 posts

273 months

Tuesday 18th October 2005
quotequote all
I was in the mem sahb's car at the time of the alleged offence - unless they have misread the name on the form they originally sent to her?

lord summerisle

8,174 posts

255 months

Tuesday 18th October 2005
quotequote all
i believe - from reading pepipoo... that they are allow to make small changed to account for typo errors...

Dwight VanDriver

6,583 posts

274 months

Tuesday 18th October 2005
quotequote all
Correct Lordie.

Minor discrepancy does not invalidate NOIP.

dvd

justinp1

13,363 posts

260 months

Tuesday 18th October 2005
quotequote all
Dwight VanDriver said:
Correct Lordie.

Minor discrepancy does not invalidate NOIP.

dvd


Dwight is exactly right. The NIP is deemed to have been served. On mine my name and address had errors.
The law makes allowances for typos which makes no difference to the 14 day rule or any other.

Unless you dont think you did it, take the points would be my advice. I dont think that the choice of timings of the speed awareness course would make a difference, as the law says three points and anything else would be at their discretion rather than your right to ask for.

Sorry there is nothing more positive to contribute!

zcacogp

11,239 posts

274 months

Wednesday 19th October 2005
quotequote all
Dwight VanDriver said:
Correct Lordie.

Minor discrepancy does not invalidate NOIP.

dvd
I cannot, and will not dispute the correctness of any pronouncement by DVD.

However, I thought that this varied with the discrepancy? i.e. Error in number plate, and it won't stick. Equally, error in time and date and location of offence, again it won't stick. Minor error in name and/or address, and it's (unfortunately) still valid.

I know it's not any help to the original poster, but worth a mention.


Oli.

Dwight VanDriver

6,583 posts

274 months

Wednesday 19th October 2005
quotequote all
Oli

Condensde from several precedents:

The NOIP is intended to give an idea of the offence of which a driver will be accused and to guard against the possibility of his being taken unawares. The test being on the validity of the notice is whether in any way prejudiced in his defence by the defect.

A minor error here and there would appear not to invalidate a NOIP. So spaketh the wigged ones.

DVD
[IMG]http://i17.photobucket.com/albums/b99/Nosrednas/cop2.gif[/IMG]


Now that is a stroke of genius for me but how do I get it to appear from the start under my name?????

>> Edited by Dwight VanDriver on Wednesday 19th October 13:26

zcacogp

11,239 posts

274 months

Wednesday 19th October 2005
quotequote all
DVD,

I guess that depends upon what is "Minor" and what "Major". If the error is material to the accusation, I would have thought it would make the whiole thing invalid. Hasn't there recently been a case where a guy had an NIP where there was an error in the time the offence took place (IIRC the machine hadn't been corrected for BST, and was still showing GMT, or vice versa). He could prove that at the time stated (i.e. an hour later/earlier) he was sitting at home having a cuppa. Case fell over on this point.

However, minor spelling errors (such as name, address etc) could be argued as not material to the case, therefore not enough to make the case invalid.

Only my take on things.


Oli.

P.S. In answer to your question about getting the irate bobby with the truncheon under your name - I'm not sure. I think this would make it an "Avatar", but don't know how you do this on PH. I know that Safespeed has one (Paul Smith), as has The Stig (a black car, unsure what type) but assumed that these were some special allowance for these people, on account of the fact that others don't have them.

Dwight VanDriver

6,583 posts

274 months

Wednesday 19th October 2005
quotequote all
>>>>>I guess that depends upon what is "Minor" and what "Major<<<<<

Nail on the head Z.

What is or is not a defect at the end of the day will be a question of fact for the Mags to decide on due submission from the recepient.

Surely not an irate plod ...just a senior one???

dvd


>> Edited by Dwight VanDriver on Wednesday 19th October 13:53

>> Edited by Dwight VanDriver on Wednesday 19th October 13:54

Observer2

722 posts

255 months

Wednesday 19th October 2005
quotequote all
Dwight VanDriver said:
Surely not an irate plod ...just a senior one???

dvd


Hmmm. He seems to be facing both directions at once. How apt!

zcacogp

11,239 posts

274 months

Wednesday 19th October 2005
quotequote all
Dwight VanDriver said:
What is or is not a defect at the end of the day will be a question of fact for the Mags to decide on due submission from the recepient.
So contesting it could be quite a risky strategy ... and for something as (sorry) minor as a spelling mistake in the name, could also prove expensive.
Dwight VanDriver said:

Surely not an irate plod ...just a senior one???
... dunno .. to be honest, I didn't ask him ...