Incorrect FPN, what do I do?
Discussion
On the way to the Autosports Show today I got pulled for speeding. The officer gave me a FPN £60 and three points, I was a bit pee'd off but that was it.
I have since got home and had a proper look at the FPN and I think it has been filled out incorrectly, I was going north bound on the M6 but the officer has filled the location in as south bound, and where I should have signed it he has put the name of my local police station (I have not signed this notice).
What do I do, should I contest the ticket or just take it on the chin?
Cheers,
Craig.
I have since got home and had a proper look at the FPN and I think it has been filled out incorrectly, I was going north bound on the M6 but the officer has filled the location in as south bound, and where I should have signed it he has put the name of my local police station (I have not signed this notice).
What do I do, should I contest the ticket or just take it on the chin?
Cheers,
Craig.
Well, you can either accept the FPN or you can reject it.
If you reject it, then you will end up seeing the police officer in court, and there he will put forward his testimony.
On this fact, what the FPN says does not matter. However, if you want to fight the case for the sake of it, that is, you don't deny speeding but you don't feel the punishment is fair then you need to look at a more strategic way forward.
Did you show the officer any ID?
If you reject it, then you will end up seeing the police officer in court, and there he will put forward his testimony.
On this fact, what the FPN says does not matter. However, if you want to fight the case for the sake of it, that is, you don't deny speeding but you don't feel the punishment is fair then you need to look at a more strategic way forward.
Did you show the officer any ID?
JustinP1 said:
Well, you can either accept the FPN or you can reject it.
If you reject it, then you will end up seeing the police officer in court, and there he will put forward his testimony.
On this fact, what the FPN says does not matter. However, if you want to fight the case for the sake of it, that is, you don't deny speeding but you don't feel the punishment is fair then you need to look at a more strategic way forward.
Did you show the officer any ID?
I'd expect a reasonable standard of competence in filling out a commonly used form. Drivers are expected to drive within the law and face penalties if the law is broken, even if by carelessness. Is it unreasonable to expect the same standards from those who enforce the law? The FPN contains an error of fact.If you reject it, then you will end up seeing the police officer in court, and there he will put forward his testimony.
On this fact, what the FPN says does not matter. However, if you want to fight the case for the sake of it, that is, you don't deny speeding but you don't feel the punishment is fair then you need to look at a more strategic way forward.
Did you show the officer any ID?
eldar said:
JustinP1 said:
Well, you can either accept the FPN or you can reject it.
If you reject it, then you will end up seeing the police officer in court, and there he will put forward his testimony.
On this fact, what the FPN says does not matter. However, if you want to fight the case for the sake of it, that is, you don't deny speeding but you don't feel the punishment is fair then you need to look at a more strategic way forward.
Did you show the officer any ID?
I'd expect a reasonable standard of competence in filling out a commonly used form. Drivers are expected to drive within the law and face penalties if the law is broken, even if by carelessness. Is it unreasonable to expect the same standards from those who enforce the law? The FPN contains an error of fact.If you reject it, then you will end up seeing the police officer in court, and there he will put forward his testimony.
On this fact, what the FPN says does not matter. However, if you want to fight the case for the sake of it, that is, you don't deny speeding but you don't feel the punishment is fair then you need to look at a more strategic way forward.
Did you show the officer any ID?
However, that does not change the physical procedure from now on. To go to court essentially nullifies the FPN. Now, the officers statement may be incorrect also, which would be even more of a slip up, but that is a bridge to cross if and when it happens.
I agree with your sentiment, and have personally been at the sharp end of accusations of police officers who couldn't transcribe my name from my driving licence. One put in his statement I game my name as Jason, one statement said i gave my name as Dominic...
However, put it this way. If your child was fiddled with by a guy and when they took a statement from him they put the wrong name at the top of the statement sheet or some other admin error, would you then expect for this case to be stopped on the same principle?
Of course, if there is a mistake on the paperwork then this can be taken into account. A good solicitor could use this to make the police officer slip up in the dock and invalidate his own evidence, or there is the argument that I have made in that if a statement produced on oath is littered with inaccuracies, then how can we then be expected to rely on the technical evidence produced by this same witness?
IMHO in this situation the more important issue should the OP not want to pay up would be if he volunteered ID in the car.
The NIP is not signed, a solicitor turns up on his behalf, and the CPS/witness will find it impossible to prove that 'his client' was driving that day.
Bear in mind that magistrates have a very dark place in their hearts for people who try to wheedle out of speeding charges. Have a chat with a solicitor (get a 30min free consultation) who deals with traffic law and see what they say. If you try it on and lose then the beak will probably throw everything they can at you in terms of costs, fines and points.
Look at it this way.
Were you speeding? Your post suggests so and narked about being clocked. Can understand.
If yes were you on the M6 at time date? Yes?
Now look upon the FPN as an advisory to the procedure of Conditional offer i.e.Pay 60/collect 3 points on DL.
Errors on a FPN do not invalid proceedings.
So you wish to complain and in doing so you do not accept the FPN because of errors.
So they contact the Officer involved and he will prepare a file with his statement of evidence which may well contain the correct details. The summons may well also disclose no error. Any argument will be against what is in his statement or on the summons.
Bear this in mind and whilst in relation to place being stated on a NOIp has some relevance. Where an error in the NOIP is as to the place, it is a question of fact and degree, whether the defendant has been misled and that a mis-statement is not ipso-facto fatal if the defendant has not been mislead by the mis-statement.
Remember as well if found Guilty at Court, Mags well increase the fine, points and award extras in Prosecution costs (35 -6- quid) AND £15 to Victims Support Scheme. Taken with the time needed to attend could be an expensive argument if that is all you have to go on.
Dvd
Were you speeding? Your post suggests so and narked about being clocked. Can understand.
If yes were you on the M6 at time date? Yes?
Now look upon the FPN as an advisory to the procedure of Conditional offer i.e.Pay 60/collect 3 points on DL.
Errors on a FPN do not invalid proceedings.
So you wish to complain and in doing so you do not accept the FPN because of errors.
So they contact the Officer involved and he will prepare a file with his statement of evidence which may well contain the correct details. The summons may well also disclose no error. Any argument will be against what is in his statement or on the summons.
Bear this in mind and whilst in relation to place being stated on a NOIp has some relevance. Where an error in the NOIP is as to the place, it is a question of fact and degree, whether the defendant has been misled and that a mis-statement is not ipso-facto fatal if the defendant has not been mislead by the mis-statement.
Remember as well if found Guilty at Court, Mags well increase the fine, points and award extras in Prosecution costs (35 -6- quid) AND £15 to Victims Support Scheme. Taken with the time needed to attend could be an expensive argument if that is all you have to go on.
Dvd
Indeed.
Going forward on the basis on the error alone will most likely fail.
In my case, despite me protesting my innocent of the charge - not a paperwork error, but I was fundamentally innocent my 3 points and £60 went to 6 points and £200 plus costs after court. That was even above the magistrates guidelines for 92 in a 70. At appeal this was reduced to 4 points, but just the appeal cost me a grand to get that.
By all means if you think you are innocent defend yourself, sometimes the truth will out. However to go to court with just a loophole to hold onto you need Mr Loophole.
And Mr Loophole costs £4000 which makes £60 look like pennies.
Going forward on the basis on the error alone will most likely fail.
In my case, despite me protesting my innocent of the charge - not a paperwork error, but I was fundamentally innocent my 3 points and £60 went to 6 points and £200 plus costs after court. That was even above the magistrates guidelines for 92 in a 70. At appeal this was reduced to 4 points, but just the appeal cost me a grand to get that.
By all means if you think you are innocent defend yourself, sometimes the truth will out. However to go to court with just a loophole to hold onto you need Mr Loophole.
And Mr Loophole costs £4000 which makes £60 look like pennies.
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