Advice on NIP rec'd for speeding

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Mon 24 May 2004 16:01
Advice on NIP rec'd for speeding - baldy-blogger
I rec'd a NIP for speeding but my name was spelt incorrectly, I returned it with a letter asking for it to be corrected but did not complete it or sign it. I have heard nothing for about 4 weeks - should I have signed it, as I have now found out that they are allowed the odd typo. Any advice gratefully received. Thanks.
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Mon 24 May 2004 17:22
Advice on NIP rec'd for speeding - Dwight Van Driver
A Notice of Intended Prosecution in the name "Hornet" was sent to a defendant called called Horne. He tried to have it annulled because of the mistake but the High Court held that he had not been misled and the error was not sufficient to invalidate the Notice. (Camp v Horne 1965).

Somewhat similar but when all other facts correct but a wrong vehicle Reg No quoted and defendant obviously knew what the incident referred to then a mistake in the number was immaterial ( A-G (O'Gara) v Callaman (1958))

Whilst the ball now appears to be in the Process Dept's court one of three things:

They may be magnanimous and take no further action. In doing so they may make you sweat by not telling you so that you will have to wait some 9 months to be reasonably sure you are in the clear.

They may write back and repeat the Conditional Offer. Up to you but seems you don't have a case to fight so pay up and smile.

They may start proceedings for failing to name driver under the infamous S 172 RTA 88 leading to possible fine and points. Arrival of a summons will indicate this.

Up to you if you are a good poker player but nothing to stop you, if you don't hear anything in next month, contacting Process Department to clarify what is happening?

Did you keep the original NOIP and or copy just in case they go the S 172 road?. May help in mitigation.

DVD
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