different dates on NIP and photo evidence - nobbyjo

I received a NIP today stating that I was speeding on the 19/03/2012 at 03:28. I have viewed the photograph online and the camera states 20/03/2012 at 03:28. I have no defence on the 20th as I was on the road at the time stated and in the area but on the 19th I was in bed and the car parked miles away from the offence. Does the fact that the date on the NIP is incorrect enough to avoid prosecution?

different dates on NIP and photo evidence - RT

I had a similar situation in Warwickshire - I waited until after 14 days had expired but replied within 28 days stating that the driver couldn't be named as the car wasn't been driven by anyone at the time of the alleged offence, which could be proved by independent witnesses, but I acknowledged that I was the person in charge of the car as I'd been the last to drive it the previous day and the next to drive after the time alleged.

I didn't get a withdrawal of allegation but have heard nothing more in two years.

different dates on NIP and photo evidence - Dwight Van Driver

In the case of Goody v Fletcher [1962] a mistake of one day in stating the date was held not to invalidate the notice; the time and place were correctly given in the notice and the defendant was in no doubt as to the indident referred to.

Having said that I would be tempted to try the approach of RT above ^^^^^^^^ (Ensure 15 days have passed since the incident.

dvd

different dates on NIP and photo evidence - Armitage Shanks {p}

Back, in 1962 we didn't have speed cameras so I am thinking that we are looking at a typo in the paperwork? Surely a speed camera has a date/time stamp on the photo and there can be no mistake in the paperwork, on that score at least?

different dates on NIP and photo evidence - RT

Surely a speed camera has a date/time stamp on the photo and there can be no mistake in the paperwork, on that score at least?

It was the paperwork in error in my case, with the wrong alleged time and wrong alleged speed - the photo was correct.

I presume that the NIP wasn't automatically generated by computer in Warwickshire but by word-processing and human intervention.

different dates on NIP and photo evidence - Armitage Shanks {p}

Got it! it looks as though OP's position is an exact 24 hour typo and DVD says this can be amended. Advice to keep quiet and tough it out seems to be the best way forward.

different dates on NIP and photo evidence - concrete

Hello nobbyjo, it is worth trying what RT did. Presumably your family and or neighbours will be able to confirm your presence at home on the 19th. They may just drop it and pursue an easier target. However if they still take you to court, do what I did.

Northamptonshire Police got the paperwork wrong with my case. I wrote a similar letter to RT but they ignored it and summoned me to court. When I got to court I immediately contacted the Clerk to the Justices and told him the police paperwork was incorrect and there should be no case to answer, I also showed him the paperwork, copies of letters etc and stated I was mounting a robust defence with witness statements etc. He was having a busy day and the last thing he wanted was a protracted case with very little chance of winning or justice being served. He went away and obviously intervened with the Magistrate. When he returned he took me straight into court, I pleaded 'Not Guilty' the magistrate said ' Case dismissed' and that was it, all in about half an hour. Needless to say no mention of photographs was mentioned, so concentrate on the paperwork. If it is wrong you stand a good chance of a discharge. Best of luck and keep us informed. Concrete.

different dates on NIP and photo evidence - nobbyjo

I did as was suggested and waited 14 days before querying stating that the car was parked at home that night.

I received a letter yesterday that stated 'On reviewing the evidence we have decided not to pursue any prosecution'.

Thanks to all who offered advice

different dates on NIP and photo evidence - Armitage Shanks {p}

That's a result! Thanks for letting us know

different dates on NIP and photo evidence - concrete

Great result. At least they recognised they had little chance of winning so let it go. Pursue a case they can win instead. That is your 'Get out of Jail' card used up for this year. Cheers Concrete