Speeding Fixed Penalty Details Wrong
Discussion
My girlfriend got caught doing 45mph in a 30 mph zone. Not by a speed camera but a police car waiting further up the road who had timed her between two rubber strips placed on the road. The fixed penalty notice they issued is full of mistakes.
Firstly, the date is wrong, it happened on the 31st Jan, and they had put it as the 1st Feb, secondly, they have put the time in the date box, then scribbled it out, thirdly they ticked the MOT box on the producer section, car is under 3 years, so they scribbled that out aswell, fourthly! they have the car down as a MG Rover 1800, (Its an MG TF!)
Obviously we dont want this to goto court, however with so many fundamental this wrong with it, could they enforce it. Or more importantly could she get off with it ?
Your advices are muchos aprreciated!
>> Edited by clemstar on Thursday 2nd February 20:15
Firstly, the date is wrong, it happened on the 31st Jan, and they had put it as the 1st Feb, secondly, they have put the time in the date box, then scribbled it out, thirdly they ticked the MOT box on the producer section, car is under 3 years, so they scribbled that out aswell, fourthly! they have the car down as a MG Rover 1800, (Its an MG TF!)
Obviously we dont want this to goto court, however with so many fundamental this wrong with it, could they enforce it. Or more importantly could she get off with it ?
Your advices are muchos aprreciated!
>> Edited by clemstar on Thursday 2nd February 20:15
If she has already admitted her guilt then this diminished the chance of success a bit.
However, if you have balls and money this is the type of case the specialists love. It is difficult to win a speeding case by usual means, ie the equipment is wrong, but where there are inaccuracies in evidence if the case is hadled well so these inaccuracies are only revealed in court, or minutes before, the case can get quickly dropped.
That said, if she has paid the £60 and accepted the points, and she *was* speeding it depends on how much time and effort you want to expend on this!
However, if you have balls and money this is the type of case the specialists love. It is difficult to win a speeding case by usual means, ie the equipment is wrong, but where there are inaccuracies in evidence if the case is hadled well so these inaccuracies are only revealed in court, or minutes before, the case can get quickly dropped.
That said, if she has paid the £60 and accepted the points, and she *was* speeding it depends on how much time and effort you want to expend on this!
Firstly there is no arguement on the NOIP date because that would be verbal at the roadside when Plod said those word "You will be reported for the consideration of the question of prosecution for exceeding a speed limit" or words very similar to that effect.
In any case Goody v Fletcher [1962] High Court held that one day out did not invalidate the Notice as time and date correct and defendant under no doubt to the incident.
Issue of Conditional Offer is not argueable. It is either accepted or Court hearing elected where all can be aired. If those mentioned are all the errors, unless you can show some deviation on method of detection, then I would say they are relatively minor and amount to little. But if deviation can be shown, sloppiness of issue may well be ammunition that detection also sloppy.
dvd
>> Edited by Dwight VanDriver on Thursday 2nd February 20:44
In any case Goody v Fletcher [1962] High Court held that one day out did not invalidate the Notice as time and date correct and defendant under no doubt to the incident.
Issue of Conditional Offer is not argueable. It is either accepted or Court hearing elected where all can be aired. If those mentioned are all the errors, unless you can show some deviation on method of detection, then I would say they are relatively minor and amount to little. But if deviation can be shown, sloppiness of issue may well be ammunition that detection also sloppy.
dvd
>> Edited by Dwight VanDriver on Thursday 2nd February 20:44
If she has already admitted her guilt then this diminished the chance of success a bit.
However, if you have balls and money this is the type of case the specialists love. It is difficult to win a speeding case by usual means, ie the equipment is wrong, but where there are inaccuracies in evidence if the case is hadled well so these inaccuracies are only revealed in court, or minutes before, the case can get quickly dropped.
That said, if she has paid the £60 and accepted the points, and she *was* speeding it depends on how much time and effort you want to expend on this!
However, if you have balls and money this is the type of case the specialists love. It is difficult to win a speeding case by usual means, ie the equipment is wrong, but where there are inaccuracies in evidence if the case is hadled well so these inaccuracies are only revealed in court, or minutes before, the case can get quickly dropped.
That said, if she has paid the £60 and accepted the points, and she *was* speeding it depends on how much time and effort you want to expend on this!
lambo cop said:
Mistakes are made when writing out tickets, I will bet that every BIB on here has made them, If Clemstar you have never made a mistake in your life then take this to court, and on oath tell the court you have never made a mistake in your life and you expect Police officers to be the same.
How did you get that from what he wrote?
If I make a mistake in my job it has consequences, as it no doubt does for Clemstar.
And as it should for the police.
pugwash7 said:
Mistakes are made when writing out tickets, I will bet that every BIB on here has made them, If Clemstar you have never made a mistake in your life then take this to court, and on oath tell the court you have never made a mistake in your life and you expect Police officers to be the same.
How did you get that from what he wrote?
If I make a mistake in my job it has consequences, as it no doubt does for Clemstar.
And as it should for the police.
As I work in the Insurance industry, If I wrote a covernote out, with an incorrect date on it, that could have vast consequences. Ie the insurers may not be on risk for something that the policyholder thinks they are. Leaving the company I work for wide open for professional indemnity claim, and me out of a job. Hence why I thought that a date is a major factor for this, but after reading this thread, that does not seem to be the case.
clemstar said:
As I work in the Insurance industry, If I wrote a covernote out, with an incorrect date on it, that could have vast consequences. Ie the insurers may not be on risk for something that the policyholder thinks they are. Leaving the company I work for wide open for professional indemnity claim, and me out of a job. Hence why I thought that a date is a major factor for this, but after reading this thread, that does not seem to be the case.
In the example you quote above, both parties might be under a misapprehension as to the facts which are fundamental to the contract.
In your G/f's case, you clearly demonstrate that there is no misapprehension as to the event. Regarding points 2 and 3 you seem to be of the view that should somebody make a mistaken entry then they are not allowed to correct it.
>> Edited by kenp on Monday 6th February 19:50
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