Wrong date on NIP - does it matter?

[andywaterfall]

Further to my post here www.pistonheads.com/gassing/topic.asp?t=351748&f=10&h=0, I just saw last night that the date entered on the NIP (by the local BiB who was driving so close behind me that I had to go through an amber, but that's another story) is wrong. He's put 2/1/07 instead of 1/2/07 as the date of the offence, although where he's signed, he's dated it correctly.

Is this a get out of jail free card, or doesn't it matter?

Cheers

Andy

Edited by andywaterfall on Thursday 8th February 11:26

[richburley]

I would say that he has signed a document on 1st Feb to allege you having committed an offence on 2nd January, which you didn't do. Therefore, you have a get out of jail free card!

*I have, however, absolutely no legal knowledge of the law relating to speeding and other road traffic offences*

Edited by richburley on Thursday 8th February 09:23

[esselte]

Pound to a pinch of snuff that BFF or VH on here will say it's not not material to the offence and is just a typo.........I think if you take it to court the mag. will let it go as a mistake and allow the police to change it..sorry.

[richburley]

Hmmm I can't help feeling that you cited offence of 2nd Janauary 2007 did not happen, and therefore unless corrected, there is no case to answer?!?

[Athey997S]

Legally mate the Police and CPS wouldn't have a leg to stand on, as they
cannot go and backdate any documentation whatsoever - RESULT

[^Slider^]

But I assume you had a verbal NOIP at the roadside as well as the written one in the post. Provided all his evidence is showing the correct date then the matter will procede.

Can you just confirm you were given a verbal NOIP at the roadside??

[esselte]

Athey997S said:

Legally mate the Police and CPS wouldn't have a leg to stand on, as they
cannot go and backdate any documentation whatsoever - RESULT

There have been cases quoted on here where the police have got the car's reg number incorrect and still been able to succeed with the prosecution.

[justinp1]

andywaterfall said:

Further to my post here www.pistonheads.com/gassing/topic.asp?t=351748&f=10&h=0, I just saw last night that the date entered on the NIP (by the local BiB who was driving so close behind me that I had to go through an amber, but that's another story) is wrong. He's put 2/1/07 instead of 1/2/07 as the date of the offence, although where he's signed, he's dated it correctly.

Is this a get out of jail free card, or doesn't it matter?

Cheers

Andy

Edited by andywaterfall on Thursday 8th February 11:26

Do you mean a NIP that has come through the post or the HORT/1 slip of paper?

If its the latter, and the officer produces a statement with the correct date then then would end up being fine, a slip. However, if the CPS issue a summons with the date on then this gives you a bit more ammo for the 'no case to answer' route.

[Dwight VanDriver]

If you were interviewed at the roadside immediately after the offence the officer would state words to the effect that you will be reported for the consideration of the question of prosecuting you for failing to conform to a traffic sign, or words to that effect so that you are under no delusion that you are being reported. This is what is called NOIP being given verbally.

If he did not do so then he should back up with a written NOIP within 15 days served either personally or by post.

Date:

2.1.07 = 2nd January 2007 (UK)

1.2.07 = January 2nd, 2007 (US and my computor)

Clutching at straws to maintain in correct as both are the same.

dvd

[andywaterfall]

He gave me a verbal NOIP along the lines of what you say DvD, & the slip of paper (sorry, my mistake, not an NIP) with the wrong date on it. I've sent back my bit today saying I want to go to court, so we'll see what happens.

Edited by andywaterfall on Thursday 8th February 17:31

[jacko lah]

Just turn up to court with a witness that can verify where you were on the date on the NIP. At worst the court must adjurn whilst you are given time to regather your evidence. At best they will throw it out.

[nobleguy]

esselte said:

Athey997S said:

Legally mate the Police and CPS wouldn't have a leg to stand on, as they
cannot go and backdate any documentation whatsoever - RESULT

There have been cases quoted on here where the police have got the car's reg number incorrect and still been able to succeed with the prosecution.

Plead not guilty - in court: "I don't and never have owned that vehicle". Surely?

Edited by nobleguy on Friday 9th February 12:21

[^Slider^]

The bit of paper is not a NOIP it seems from the OP's posts. He received a verbal NOIP and as such is correct.

So the procedure bit is correct with regards to the NOIP (verbally)

What is the bit of paper you got??

If you goto court they will ask if you were stopped on the date and given a bit of paper. (i am assuming you will have signed something at the roadside as well) So the date on the bit of paper is irrelevant. I suspect that the bit of paper you are referring to may well be a producer.

Since the NOIP was verbal going this route in court is unlikely to succeed.

Bear in mind here that he was stopped at the roadside and not done all by camera / post. So some of the posts replied wont apply in this case.

If you are fighting the fact it was amber then you need to stick with any facts you have in relation to this, If you question the date on a bit of paper (when all else is correct) then you may detract from the original defence lines.

IMHO i would seek legal advice to get a structured defence.

As DVD states everything seems correct and it would be possible to get the error ruled out as clerical error. So be careful where you go with this line of defence as if it hinges on this then you may be disappointed.

[esselte]

nobleguy said:

esselte said:

Athey997S said:

Legally mate the Police and CPS wouldn't have a leg to stand on, as they
cannot go and backdate any documentation whatsoever - RESULT

There have been cases quoted on here where the police have got the car's reg number incorrect and still been able to succeed with the prosecution.

Plead not guilty - in court: "I don't and never have owned that vehicle". Surely?

Edited by nobleguy on Friday 9th February 12:21

I think you have too much faith in our "justice" system...

[nobleguy]

esselte said:

nobleguy said:

esselte said:

Athey997S said:

Legally mate the Police and CPS wouldn't have a leg to stand on, as they
cannot go and backdate any documentation whatsoever - RESULT

There have been cases quoted on here where the police have got the car's reg number incorrect and still been able to succeed with the prosecution.

Plead not guilty - in court: "I don't and never have owned that vehicle". Surely?

Edited by nobleguy on Friday 9th February 12:21

I think you have too much faith in our "justice" system...

LOL! I think you might be right there unfortunately.

[andywaterfall]

^Slider^ said:

The bit of paper is not a NOIP it seems from the OP's posts. He received a verbal NOIP and as such is correct.

So the procedure bit is correct with regards to the NOIP (verbally)

I'm afraid this is correct. I was mistaken in my first post - it's just a yellow slip with "REVISED JULY 2003" at the top, and "FIXED PENALTY NOTICE (ENDORSABLE OFFENCE)" a few lines further down. It has space for the BiB to quote the offence code & give a description of what he reckons I did, and also has ticky boxes for the documents I had to produce. I'm not au fait with these things, but it's a producer & a FPN combined.

^Slider^ said:

If you are fighting the fact it was amber then you need to stick with any facts you have in relation to this, If you question the date on a bit of paper (when all else is correct) then you may detract from the original defence lines.

IMHO i would seek legal advice to get a structured defence.

As DVD states everything seems correct and it would be possible to get the error ruled out as clerical error. So be careful where you go with this line of defence as if it hinges on this then you may be disappointed.

It was amber, my defence will be that it was his driving that made me go through it. I take your point 100% though, not to distract from that by pointing out clerical errors. This seems like very good advice, thanks.

Edited by andywaterfall on Friday 9th February 15:02

[Dwight VanDriver]

OK so you got a FPN. Because you have to produce your DL then they cannot automatically go into the Conditional Offer stage i.e. pay £60/3 points all over.

When your produce your DL, providing in time and it is in order and the rest of the docs OK then they will take the Licence off you and forward to Mags Clerks Office so that it can be married up with the Conditional Offer that you will now be offerred.

But, you are disputing, so you will be refusing the Conditional offer and electing a Court hearing. Tell the Officer who you are producing to you want a Court case and thus wish to retain the Licence. (Will be required when you appear at Court).

dvd

[andywaterfall]

Thanks DVD, done all that at the local nick on Tuesday. Have kept my licence ready for a potential court case who knows when. Are we saying the wrong date on the FPN doesn't matter at all then?

[vonhosen]

andywaterfall said:

Thanks DVD, done all that at the local nick on Tuesday. Have kept my licence ready for a potential court case who knows when. Are we saying the wrong date on the FPN doesn't matter at all then?

If the officer's statment & summons shows the correct date, it will be put down as a simple mistake. After all your going in & producing your docs etc tends to support it as that.