Summons for different offence to NIP

[supermono]

This friend (honest!) had a NIP for 50mph in a 40. The summons arrived and it detailed a different offence: 70 in a 50 on a different piece of road.

What should he do? I imagine he's the victim of an administrative error so surely this summons is invalid if he's not signed a NIP?

Presumably he can just plead not guilty by post and have no fear that he can be found guilty?

Cheers

[jeffreyarcher]

supermono said:

This friend (honest!) had a NIP for 50mph in a 40. The summons arrived and it detailed a different offence: 70 in a 50 on a different piece of road. What should he do?

He has a valid defence.
Road Traffic Offenders Act 1988, Section 1.-(1)(c)(ii)
1.—(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—
(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
www.legislation.hmso.gov.uk/acts/acts1988/Ukpga_19880053_en_2.htm#mdiv1