Legal help please-NIP has my name wrong.

Legal help please-NIP has my name wrong.

Author
Discussion

skid

Original Poster:

649 posts

258 months

Friday 1st July 2005
quotequote all
Hi guys.

If you have legal knowledge I would appreciate some informed advice.

I have commited the treasonous crime of 36 in a 30. Unbelievably it was past a Gatso 100m from my house and one I've driven past for over 10 years I guess.

I must have just misjudged it but there you go, I'm public enemy no.1.

So to the interesting bit.....

My NIP arrived this morning addressed to Mark Adam.

Now with the 's' missing from my surname I am entirely a different person as Mark Adams.

So what can I do? I looked through my paperwork and my V5 was incorrectly sent back to me about 4 years ago and I never noticed. I can argue that I haven't noticed the error when taxing the car and indeed used blank V10's (I think) at the Post Office to re-tax rather than the DVLA posted reminder.

So to all intents and purposes should I send it back as not known at this address and clearly sign it Mr Adam[b]S[/b] or am I really taking the piss?????

;)

Yours, on the run from the law.

Skid

m-five

11,246 posts

285 months

Friday 1st July 2005
quotequote all
skid said:
Hi guys.

If you have legal knowledge I would appreciate some informed advice.

I have commited the treasonous crime of 36 in a 30. Unbelievably it was past a Gatso 100m from my house and one I've driven past for over 10 years I guess.

I must have just misjudged it but there you go, I'm public enemy no.1.

So to the interesting bit.....

My NIP arrived this morning addressed to Mark Adam.

Now with the 's' missing from my surname I am entirely a different person as Mark Adams.

So what can I do? I looked through my paperwork and my V5 was incorrectly sent back to me about 4 years ago and I never noticed. I can argue that I haven't noticed the error when taxing the car and indeed used blank V10's (I think) at the Post Office to re-tax rather than the DVLA posted reminder.

So to all intents and purposes should I send it back as not known at this address and clearly sign it Mr AdamS or am I really taking the piss?????



Yours, on the run from the law.

Skid


I'll put it this way for you....

If you were to take this to court, the mag would simply accept it as a clerical error and convict you anyway.

skid

Original Poster:

649 posts

258 months

Friday 1st July 2005
quotequote all
m-five said:
If you were to take this to court, the mag would simply accept it as a clerical error and convict you anyway.


balls

BliarOut

72,857 posts

240 months

Friday 1st July 2005
quotequote all
Was the NIP received within 14 days of comitting this heinous crime and posted first class or recorded delivery?

If it's outside the 14 days, you're off scott free

princeperch

7,931 posts

248 months

Friday 1st July 2005
quotequote all
yep this is not a get out, the court has a "slip rule" where clerical errors can be corrected with no adverse effect on the proceedings.

Have to look for another out on this one im afraid...

skid

Original Poster:

649 posts

258 months

Friday 1st July 2005
quotequote all
Yes arrived after 10 days.

I've just read up on Pepipoo about the slip rule.

At 36 mph I might try and blag a driving course in lieu of points, if not a go-er will try the PACE route of attaching details to the form without signing the form and self incriminating.

Jesus the bleeding lengths you have to go to in this country to maintain preservation of licence to make sure you have the ability to drive to work to earn some crust.

cjm99

1 posts

226 months

Saturday 2nd July 2005
quotequote all
The 'slip rule' , rule 10.. Was originally created to allow Crown Court judges to ammend the arithmetic errors in litigants cost claims. Oh, how this is abused in the magistrates courts!!

In your case though, you are obliged to check the accuracy of the V05 document you have therefore contributed to the difficulty in proper service. The 14 days, does not apply where the police having exercised 'due dilligence', were unable to meet the service deadline.
However, as you are already aware of Pepipoo, post your documents on there, and I and others will gladly assist.

Chris