mistake on n.i.p question

[gappo]

I recieved a n.i.p last month saying i was caught speeding (48 in a 40) i returnred the first letter but later noticed that the dates /times did not seem to match .so i sent a letter asking for a copy of the photo as there is no way i could have been in that area on the time/date they said .Ive just recieved a letter back saying this

checked our records and it would appear that in this instance a clerical error was made , however this does not invalidate the offence and therefore the notice still stands.Please note the date of the offence should read 18 May 03 not 08May 03.
Is there anything i can do about this any advice please

cheers [e-mail]

[hertsbiker]

yeah. Don't sign it. Tell them you can't recall if it was you or another insured driver behind the wheel at the time.

[plotloss]

Whoa there.

If they have said, was this you driving this car on the 8th May cant you just say no, and I dont know who was?

Surely they cant get out of it that easily, the parking wardens cant so why can they?

[Molehall]

Last year I received a NIP claiming that I was speeding in Birmingham on a particular day. On the day in question I was in Bishop's Stortford, though I had been near Birmingham the day before. I returned the NIP stating that there was no driver as the car wasn't being driven at the time of the alledged offence. I never heard another beep out of them.

[Big T]

I got pulled about 10 years ago when I was a young lad for speeding and wreckless driving, the officer said I was gonna lose my license. When the documentation arrived, it stated that the incident occured at 11:00 when it should have been 23:00. I said I was at work at that time and could prove it and they let me off and apologised to me Don't know if this helps.

T.

>> Edited by Big T on Tuesday 22 July 18:09

[gappo]

cheers for the replies fellows

i orginally did sign the n.i.p when i got it (didnt know about this dont sign stuff) but was only a few days later when i realised they must have the date wrong so as i said i reqested the photos etc.. which does show the 18th may with the photo of my car etc.. wot im asking is because they got the date wrong on the original n.i.p (the 08th) and now after me writing to them and they admiting that a clerical error was made is there some get out for me etc.???

cheers

[chrisgr31]

Well you hve admitted driving the car on the 8th May, however they have now moved the goalposts. My suspicion is that they may be out of time. The date of the offence would appear to me to be fairly pertinent to the crime.

I suspect you need to hear from Madcop, or Tonyrec or BobtheBench.

[Mr Peevly]

Too late to help you maybe... but if there is a mistake on your NIP (as regards to date, time, location or direction of travel) then do NOTHING

When they get round to writing to you again it will be too late for them to correct the error (they only have a limited time to inform you that they intend to prosecute for a specific offence). As there was an error in their NIP they have not informed you of their intention to prosecute within the allowed time - no case

This works cos i've got the T-shirt

[kevinday]

Gappo, did the photo show a clear facial picture? If not you may get away with saying that you cannot remember who was driving the car on the 18th as it is too long ago, however, it was you on the 8th etc.

[gappo]

so wot do u suggest fellows ... do nothing and wait to see wot turns up next??

as i said b4 the orginal nip said the 8th ..i signed & retunend it.. but then realised must be a mistake so requested photo .. they sent that and it shows the 18th and they admitted they mad a clerical error but the offence still stands i have 28 days reply etc...

so just wait ???
any more advice on this one cheers

[kevinday]

Read my post of yesterday, two posts ago!

[mel]

You will not get away with it because of their "clerical error". I got done several years ago on the M11 and my NIP actually said I had been recorded doing 67.7mph in a 70mph limit, the police simply admitted yes it was a clerical error we should have typed 97.6 and here is the video to prove it. The story does go on a bit more but I've told it several times before and that was the bottom line. I would still advise that you try it on though in every way possible as described below.

[Mr Peevly]

gappo - its too late for you. in pointing out the error, and them acknowledging that, they have given you the necc. notice of intended prosecution.

you need to pay up

next time - don't sign the NIP and don't tell them about the mistake. Then, when they summons you, point out that they have given you an incorrect NIP - by that time they cannot change it as the time between the offence and the new (modified) NIP is too long.

But the best advice is to get a lawyer.