What implications for incorrect name spelling on NIP?

[joelk]

Hi there,


Question to any knowledgeable folk out there...

Someone I know received an NIP (from a rear facing Scamera, while hurtling along at a death defying 36 in a 30 - on a deserted main road, at night).

Unfortunately, it seems like the BiB have mis-spelt the recipient's surname. Does that have any significant implications to the validity of the NIP / prosecution case which they should know about?

Kind regards,


Joel.

[NugentS]

Wait 20-25 days and return as not known at this address....

Sean

[Dwight VanDriver]

Bearing in mind the idea of the Notice is to give an idea of the offence alleged and to guard against being taken unawares so the test will be in this case whether he will be prejudiced in his defenbce by the mistake.

In Camp v Horne [1965] a Notice in the name 'Hornet' sent to accused Horne was held not to have misled and an error was not sufficient to invalidate the Notice.

Obviously will depend just how wrong they have got it and at the end of the day if taken to its conclusion it will be for the Bench to decide.

dvd

Edited by Dwight VanDriver on Tuesday 17th October 16:34

[jasandjules]

As above, if it is addressed to Mr Smith and you are Mr Jones, you have a better chance.......

[mandat]

Dwight VanDriver said:

Bearing in mind the idea of the Notice is to give an idea of the offence alleged and to guard against being taken unawares so the test will be in this case whether he will be prejudiced in his defenbce by the mistake.

In Camp v Horn [1965] a Notice in the name 'Hornet' sent to accused Horne was held not to have misled and an error was not sufficient to invalidate the Notice.

Obviously will depend just how wrong they have got it and at the end of the day if taken to its conclusion it will be for the Bench to decide.

dvd

So what was his actual name them?

[Dwight VanDriver]

>>>>>>So what was his actual name them? <<<<<

Randy ?

dvd

[guru_1071]

what

a camp randy horn?

[mandat]

Dwight VanDriver said:

>>>>>>So what was his actual name them? <<<<<

Randy ?

dvd

Sorry DVD.

Look at the bold bits in my post, which quotes you.

[joelk]

So if the is only one letter incorrect (out of seven) - then it probably doesn't make any difference to the validity?

Joel.

[wildone63]

joelk said:

So if the is only one letter incorrect (out of seven) - then it probably doesn't make any difference to the validity?

Joel.

Wouldnt make one iota of difference to the validity,the recipient of the NIP would be left with a large amount of egg on his face if he/she tried to contest it in court.

[justinp1]

wildone63 said:

joelk said:

So if the is only one letter incorrect (out of seven) - then it probably doesn't make any difference to the validity?

Joel.

Wouldnt make one iota of difference to the validity,the recipient of the NIP would be left with a large amount of egg on his face if he/she tried to contest it in court.

Agreed - unless there was an extremely good reason why the minor mistake caused the letter not to be received or opened.

For example one case I remember the defendant lived at something like London Crescent.

The letter was addressed to him at London Ct.

He claimed that he had not received the said NIP in court. He had a good solicitor and a local person who lived at London Court to testify that sometimes mail for the two streets gets mixed up.

The CPS argued that the NIP had been properly delivered, they lost the case as it was shown in some kind of Royal Mail literature that 'Ct' was not a recognised abbreviation of 'Crescent', and thus the NIP waas not properly served.

I must state though that this was a very particular circumstance.

In one of my cases my name and address was spelt wrong. Not even worth fighting a case based on that though, and would only likely anger the mags on trying to find a loophole instead of pleading guilty.