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Full Version: Nip On A Road That Doesn't Exist!
FightBack Forums > Queries > Speeding and other Criminal Offences
Wobblecastle
Good afternoon all,
I'm sat staring at an NIP (speeding) that was sent to the RK, my wife. I do not dispute the facts of the alleged offence. However, they have got the name of the road wrong on the NIP. It reads...."at Bamfield Road, Hengrove > A4174 Airport Road. There is no such road as Bamfield road. The correct name of the road is Bamfield, with nothing after it. So my question is this. Can the driver be convicted for speeding on a road that doesn't exist? I would appreciate your thoughts and opinions and thank you all in anticipation. biggrin.gif
Hotel Oscar 87
Hi Wc (!)

Could I prevail upon you to complete the NIP Wizard to be found here. This will provide all of the detail we need to assist you in a format we are familiar with. To start things off, however, a minor spelling mistake will not prevent you being pursued.
andy_foster
Whilst the requirement to serve a NIP on the driver or RK within the 14 days (except where the statutory exceptions apply) is mandatory, the required details are merely directory - that is to say that if the details are vague or incorrect, but that does not (in the case of an incorrect detail) mislead the recipient/driver, then it is not defective (Pope v Clark).

It is uncertain where the burden of proof would lie regarding the effect of such a defect, but the court's local knowledge would probably be sufficient to decide that it would not have been misleading.
lloydyboy123
seems there is no escape whatsoever nowadays ,im in similar position,still fighting it though.
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