NIP Legal Question
Discussion
Not sure about this one... Are you thinking plead not guilty to 46 and then say "where's your proof?" 
I know that there is a slip rule that lets the courts allow for typos so they might get you with this.
As always pepipoo will have the answers.
http://pepipoo.com/NewForums2/viewforum.php?f=5
I know that there is a slip rule that lets the courts allow for typos so they might get you with this.
As always pepipoo will have the answers.
http://pepipoo.com/NewForums2/viewforum.php?f=5
Who knows.
I heard of one a year or so ago where the NIP was sent out but with a slightly incorrect reg on the documents. Sinner called up and said they were happy to accept the offence and would send cheque etc as soon as the corrected NIP arrived. 6mths later and nothing. Called again and told to forget it.
I heard of one a year or so ago where the NIP was sent out but with a slightly incorrect reg on the documents. Sinner called up and said they were happy to accept the offence and would send cheque etc as soon as the corrected NIP arrived. 6mths later and nothing. Called again and told to forget it.
they can correct 'typo's. Been down this road before.
Apparently, the location can be anywhere within about 3 miles of where they say. Name can be wrong, so can the address, speed, even I believe the time and date. What CAN'T be wrong however is the reg number.
They also can't do a 'wild card' search on the reg if part of it is unreadable. eg. The photo has an unreadable number, but on checking all reg's 0-9 only your car fits (say your car is a blue Nova and there's only 1 blue Nova on the reg range 0-9) they can't use it.
It must also of course be sent either registered post or first class, and must be POSTED withing 14 days of the offence to the registered keeper.
Apparently, the location can be anywhere within about 3 miles of where they say. Name can be wrong, so can the address, speed, even I believe the time and date. What CAN'T be wrong however is the reg number.
They also can't do a 'wild card' search on the reg if part of it is unreadable. eg. The photo has an unreadable number, but on checking all reg's 0-9 only your car fits (say your car is a blue Nova and there's only 1 blue Nova on the reg range 0-9) they can't use it.
It must also of course be sent either registered post or first class, and must be POSTED withing 14 days of the offence to the registered keeper.
bryan35 said:
they can correct 'typo's. Been down this road before.
Apparently, the location can be anywhere within about 3 miles of where they say.
Young v Day decided that a discrepancy of approximately 4 miles (the length of the named road) was sufficient to invalidate a notice, so not too far out I reckon
Bryan35 said:
Name can be wrong, so can the address, speed, even I believe the time and date.
I disagree. It depends on whether the defendant has been prejudiced by the error in the notice. Pope v Clarke is authority for the fact that a notice is not defective if the wrong time is stated. Again, it boils down to the defendant being prejudiced by the error; which in that instant case was 1.5 hours. One could credibly argue that an error of, say, 3+ hours sufficiently prejudices a defendant.
Bryan35 said:
What CAN'T be wrong however is the reg number.
I broadly agree.
Bryan35 said:
It must also of course be sent either registered post or first class, and must be POSTED withing 14 days of the offence to the registered keeper.
I disagree. The police must send it out so that it reaches the RK within 14 days. A notice is invalid if it is sent in such time that it could not reach the RK within 14 days (i.e. posted on day 14), as per Nicholson v Tapp
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