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No insurance (Wrong Name)
nineo
post Thu, 5 Oct 2017 - 16:33
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I got stopped for no insurance and was waiting for the ticket to come through but when it did it come through in a wrong first name, i.e.: instead of David Williams, Dwayne Williams. Is this something I could challenge? Thanks for anyone's advice
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post Thu, 5 Oct 2017 - 16:33
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southpaw82
post Thu, 5 Oct 2017 - 16:38
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A fixed penalty notice or a conditional offer of a fixed penalty notice?

The short answer is likely to be "no".


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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nineo
post Thu, 5 Oct 2017 - 16:42
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QUOTE (southpaw82 @ Thu, 5 Oct 2017 - 17:38) *
A fixed penalty notice or a conditional offer of a fixed penalty notice?

The short answer is likely to be "no".


Fixed, 6 points, £300 fine
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cp8759
post Thu, 5 Oct 2017 - 16:45
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This is not something you could challenge, by your own admission you know what the case is about so you have not been prejudiced. If you were to challenge this you would need to go to court, and the court would allow the prosecution to amend the name on the charge.

For this defence to work, the details (i.e. name and/or location of offence etc..) would have to be so wrong that you could legitimately and honestly say you are not sure whether the ticket is meant for you or not. And assuming this were to happen within six months of the offence, this would not stop the prosecution simply starting a new case against you with the correct details. Given the penalty at court is likely to be significantly greater than a fixed penalty, in the absence of a substantive defence you're better off accepting the fixed penalty.

You should however point out the mistake so they can correct the paperwork, we don't know if you've surrendered your licence at the roadside but if not the last thing you want is someone in the back office thinking you've returned someone else's driving licence.
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nineo
post Thu, 5 Oct 2017 - 16:50
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QUOTE (cp8759 @ Thu, 5 Oct 2017 - 17:45) *
This is not something you could challenge, by your own admission you know what the case is about so you have not been prejudiced. If you were to challenge this you would need to go to court, and the court would allow the prosecution to amend the name on the charge.

For this defence to work, the details (i.e. name and/or location of offence etc..) would have to be so wrong that you could legitimately and honestly say you are not sure whether the ticket is meant for you or not. And assuming this were to happen within six months of the offence, this would not stop the prosecution simply starting a new case against you with the correct details. Given the penalty at court is likely to be significantly greater than a fixed penalty, in the absence of a substantive defence you're better off accepting the fixed penalty.

You should however point out the mistake so they can correct the paperwork, we don't know if you've surrendered your licence at the roadside but if not the last thing you want is someone in the back office thinking you've returned someone else's driving licence.


Thank you for taking the time to explain smile.gif
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The Rookie
post Fri, 6 Oct 2017 - 03:15
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Even more so, errors on an FPN are irrelevant once it gets to court, in that CP's assessment is very wrong.
Drozdowski is a good example http://www.bailii.org/ew/cases/EWHC/Admin/1998/933.html

If the errors were repeated on the court paperwork his assessment would be about correct however.


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cp8759
post Fri, 6 Oct 2017 - 08:22
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QUOTE (The Rookie @ Fri, 6 Oct 2017 - 04:15) *
Even more so, errors on an FPN are irrelevant once it gets to court, in that CP's assessment is very wrong.
Drozdowski is a good example http://www.bailii.org/ew/cases/EWHC/Admin/1998/933.html

If the errors were repeated on the court paperwork his assessment would be about correct however.


I have assumed any error in the spelling of the name on the FPN would also appear on the court paperwork, on the basis that the error is in the traffic offence report and/or the file held in the police back office. It may well be that the error is *only* on the FPN, but in my experience this is less likely, and this would not alter the OP's situation one iota.
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The Rookie
post Sat, 7 Oct 2017 - 01:45
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We know what assumptions can make...... Best to point that out if it was what you we assuming, and your second paragraph states 'ticket' which most will take to have referred to the FPN/COFP?


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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cp8759
post Sat, 7 Oct 2017 - 02:48
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QUOTE (The Rookie @ Sat, 7 Oct 2017 - 02:45) *
We know what assumptions can make......


I made that assumption specifically because it makes no difference whatsoever to the outcome or to the OP, if I were to spell out every irrelevant assumption my posts would be never ending and mostly useless.
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andy_foster
post Sat, 7 Oct 2017 - 12:21
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Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
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