Wrong road on NIP
Discussion
Friend of mine ( honestly) has received an NIP alleging he was driving at 27 in a 20 zone.
Photo shows his car, which he admits he was driving at the time, travelling in a residential street.
The NIP alleges this is the 'A420'.
It clearly isn't.
Is this 'mistake' fatal to the prosecution, or, as he is talking of contesting the matter, will the prosecution just amend the location and carry on regardless?
Photo shows his car, which he admits he was driving at the time, travelling in a residential street.
The NIP alleges this is the 'A420'.
It clearly isn't.
Is this 'mistake' fatal to the prosecution, or, as he is talking of contesting the matter, will the prosecution just amend the location and carry on regardless?
XCP said:
Friend of mine ( honestly) has received an NIP alleging he was driving at 27 in a 20 zone.
Photo shows his car, which he admits he was driving at the time, travelling in a residential street.
The NIP alleges this is the 'A420'.
It clearly isn't.
Is this 'mistake' fatal to the prosecution, or, as he is talking of contesting the matter, will the prosecution just amend the location and carry on regardless?
Tell him not to be a nob and take what he is due.....in a residential street = worsePhoto shows his car, which he admits he was driving at the time, travelling in a residential street.
The NIP alleges this is the 'A420'.
It clearly isn't.
Is this 'mistake' fatal to the prosecution, or, as he is talking of contesting the matter, will the prosecution just amend the location and carry on regardless?
I frigging hate people like that.
paintman said:
An online 'drive' along the A420 shows it called a lot of different names as it passes through various built up areas - 'High Street' comes up several times in different locations - but it's still the A420
Possibly one of these areas?
No, he had turned off and was driving down a nearby side street subject to a 20 limit when the photo was taken. It is definitely not the A420.Possibly one of these areas?
XCP said:
No, he had turned off and was driving down a nearby side street subject to a 20 limit when the photo was taken. It is definitely not the A420.
It's in the region of the A420 then. Clerical error in terms of where the camera was positioned, but it's not the other end of the country! I have to admit to having done 45 in a 30 on the A420, but I was on a bicycle, not driving a motor vehicle.... the bus driver ahead most assuredly was, though 
Firstly if he has received the standard form asking him to declare who was the driver at the relevant time he still needs to complete it or he commits a separate offence.
When doing that he will receive further paperwork stating most likely he can either attend a speed awareness course, accept 3 points and fine or plead not guilty. At this point if he wants to dispute it on the basis the paperwork is wrong he can enter a not guilty plea and go to court.
If the road was a side road off the stated road I dont imagine a magistrate is going to accept that as a legitimate reason to drop the case which is that he was speeding on a road but if your friend wants to roll the dice its his call.
He may still end up with 3 points but the financial penalty will be higher even if they just add the victim surcharge on top.
If it was me I'd just accept I was speeding but to each their own.
When doing that he will receive further paperwork stating most likely he can either attend a speed awareness course, accept 3 points and fine or plead not guilty. At this point if he wants to dispute it on the basis the paperwork is wrong he can enter a not guilty plea and go to court.
If the road was a side road off the stated road I dont imagine a magistrate is going to accept that as a legitimate reason to drop the case which is that he was speeding on a road but if your friend wants to roll the dice its his call.
He may still end up with 3 points but the financial penalty will be higher even if they just add the victim surcharge on top.
If it was me I'd just accept I was speeding but to each their own.
sospan said:
The photo shows him in the 20 zone of a side street off the actual A420 and exceeding the limit for that side road?
The paperwork says A420 not the side road.
He WAS speeding but a clerical error on the paperwork.
How lucky does he feel at contesting it?
My thoughts entirely. But some armchair lawyers on Facebook are advising him to contest it on the basis that this error shoots down the prosecution case in it's entirety.The paperwork says A420 not the side road.
He WAS speeding but a clerical error on the paperwork.
How lucky does he feel at contesting it?
XCP said:
Friend of mine ( honestly) has received an NIP alleging he was driving at 27 in a 20 zone.
Photo shows his car, which he admits he was driving at the time, travelling in a residential street.
The NIP alleges this is the 'A420'.
It clearly isn't.
Is this 'mistake' fatal to the prosecution, or, as he is talking of contesting the matter, will the prosecution just amend the location and carry on regardless?
They can't amend the NIP - they'd need to issue a new notice, and this would have to be served within 14 days of the alleged offence.Photo shows his car, which he admits he was driving at the time, travelling in a residential street.
The NIP alleges this is the 'A420'.
It clearly isn't.
Is this 'mistake' fatal to the prosecution, or, as he is talking of contesting the matter, will the prosecution just amend the location and carry on regardless?
It would be for a court to decide on the validity of the NIP - they'd need to find that your mate would have been misled or his defence would be prejudiced by an inaccurate or insufficiently specifically described location. Fact and degree,
How exactly is the location described on the notice ?
AS far as I can see there is no Badminton Rd anywhere near the A420
There is a residential Badminton Rd which runs parallel to the A432 which is also called Badminton Rd, so it might have been there.
However this is all pretty pointless, he knows he was in a residential rd, he knows he was speeding, he has a picture to prove it!
If he wants to try to get off on a technicality that's up to him but I wouldn't hold out much hope and the effort required to try, would be more work than just doing the speed awareness course.
If he's already got 3 points and already done a SAC, so he could loose his licence, then seeking proper legal advice would be the best route.
There is a residential Badminton Rd which runs parallel to the A432 which is also called Badminton Rd, so it might have been there.
However this is all pretty pointless, he knows he was in a residential rd, he knows he was speeding, he has a picture to prove it!
If he wants to try to get off on a technicality that's up to him but I wouldn't hold out much hope and the effort required to try, would be more work than just doing the speed awareness course.
If he's already got 3 points and already done a SAC, so he could loose his licence, then seeking proper legal advice would be the best route.
NGee said:
However this is all pretty pointless, he knows he was in a residential rd, he knows he was speeding, he has a picture to prove it!
If he wants to try to get off on a technicality that's up to him but I wouldn't hold out much hope and the effort required to try, would be more work than just doing the speed awareness course.
If he's already got 3 points and already done a SAC, so he could loose his licence, then seeking proper legal advice would be the best route.
Fact finding isn't 'all pretty pointless'.If he wants to try to get off on a technicality that's up to him but I wouldn't hold out much hope and the effort required to try, would be more work than just doing the speed awareness course.
If he's already got 3 points and already done a SAC, so he could loose his licence, then seeking proper legal advice would be the best route.
You're right, it is up to him.
'Lose' his licence - what makes you think that's on the cards ?
sospan said:
The photo shows him in the 20 zone of a side street off the actual A420 and exceeding the limit for that side road?
The paperwork says A420 not the side road.
He WAS speeding but a clerical error on the paperwork.
How lucky does he feel at contesting it?
Double or nothing,,,, that's what he should say to the judge when he rolls the decision dice. The paperwork says A420 not the side road.
He WAS speeding but a clerical error on the paperwork.
How lucky does he feel at contesting it?
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