Fixed Penalty, incorrect Reg
Discussion
Person A gets pulled on a 3 lane dual carriageway at 6:58am on a sunday morning, perfect conditions.
The speed is close to 1.0 leptons...
Person A is a given a fixed penalty notice, but the reg number is wrong.
One officer in car, no video evidence.
Does the wrong reg number have any effect?
The speed is close to 1.0 leptons...
Person A is a given a fixed penalty notice, but the reg number is wrong.
One officer in car, no video evidence.
Does the wrong reg number have any effect?
Then person A is screwed as there is no doubt to the identity of the driver or car.
There is a 'slip rule' where basically allowances can be made for grammatical errors.
At 1.0 leptons would I be correct in thinking that person A was advised that they would have to see the friendly magistrates?
There is a 'slip rule' where basically allowances can be made for grammatical errors.
At 1.0 leptons would I be correct in thinking that person A was advised that they would have to see the friendly magistrates?
Muncher said:
No, a fixed penalty notice was offered to person A.
Initial advice on PepiPoo suggests if a plea of not guilty bought a summons with incorrect reg, it appears it would be fatal to the prosecution case.
And if a plea of not guilty brought a summons with the correct reg what might the result be for an offence of 1.0 leptons ?
You roll the dice, you takes your choice.
>> Edited by vonhosen on Sunday 19th March 22:40
vonhosen said:
No, a fixed penalty notice was offered to person A.
Initial advice on PepiPoo suggests if a plea of not guilty bought a summons with incorrect reg, it appears it would be fatal to the prosecution case.
And if a plea of not guilty brought a summons with the correct reg what might the result be for an offence of 1.0 leptons ?
You roll the dice, you takes your choice.
>> Edited by vonhosen on Sunday 19th March 22:40
Muncher, tell person A (if it's not you
) to take it to a good litigation lawyer. The paperwork is incorrect, thus invalid prosecution.
Job done
Muncher said:
No, a fixed penalty notice was offered to person A.
Initial advice on PepiPoo suggests if a plea of not guilty bought a summons with incorrect reg, it appears it would be fatal to the prosecution case.
Ahh, that was what I was finding out, I was seeing whether a lepton was more than what the mph limit for fixed penalties were.
It also makes a difference whether the fixed penalty was accepted or rejected.
From what I can guess, the charge when you get the summons will be 'driving car with registration number XXXX XXX.....' to which you would respond not guilty.
However, I would have thought that this get-out would only be valid from a gatso or automated system. You arrive at court, and plead not guilty, CPS say 'Oh Sh*t' as the case is invalid and they are now too late to send a valid Notice of Prosecution.
It is my initial guess that as you have already been served the NIP in the car, then this would be covered by the slip rule, and thus you might get a nasty shock in court. In my opinion it would come down to the magistrate on the day, and they have a wide variety of skills and ideologies!
Unless there is relevant case law which you can reference and even better have a solicitor, a 3 point and £60 fine may end up being 6 points and £200 plus costs, so be sure of what you are doing!
Muncher said:
Does a fixed penalty notice count as a NIP?
The officer should/would have given you a verbal NIP however there have been cases where it was shown that the verbal NIP was not given correctly, so there are usually words to the same effect on the back of the penalty notice or producer document if you got one.
But when the EFPN was signed was he not also signing that all details were correct on the form?
If it comes to issue of summons with incorrect details all that will happen is that a summons will be re-issued with the correct VRM.
If this isnt mentioned before the court date the chances are that they will ask a few questions.
Q : Were you stopped and given the ticket on the date and time specified?
A : Yes
End of....
If it comes to issue of summons with incorrect details all that will happen is that a summons will be re-issued with the correct VRM.
If this isnt mentioned before the court date the chances are that they will ask a few questions.
Q : Were you stopped and given the ticket on the date and time specified?
A : Yes
End of....
I got a parking ticket with G written instead of C on the ticket. Despite the fact Traffic Wardens come more gagdet-laden than your average Comet, and had a digital photo of my car on double yellows, they still revoked the ticket.
Maybe it was just luck of the drawer and a decent admin person dealt with it.
Maybe it was just luck of the drawer and a decent admin person dealt with it.
cj_eds said:
I got a parking ticket with G written instead of C on the ticket. Despite the fact Traffic Wardens come more gagdet-laden than your average Comet, and had a digital photo of my car on double yellows, they still revoked the ticket.
Maybe it was just luck of the drawer and a decent admin person dealt with it.
FPNs & PCNs are a different kettle of fish.
Pay the fixed penalty, take the points and thank the very nice policeman for letting you keep your licence.
As for one officer with VASCAR etc - yes. No problem at all.
If you get caught, accept you got caught.
Smile, be polite, accept any lecture and be contrite. All the while, pray that the BiB got blown the night before and will be nice.
As for one officer with VASCAR etc - yes. No problem at all.
If you get caught, accept you got caught.
Smile, be polite, accept any lecture and be contrite. All the while, pray that the BiB got blown the night before and will be nice.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff