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topmansi
Hi all,
I am a newbie so all your patience/help is much appreciated! rolleyes.gif
I was driving my car N/Wales and arrive alive 'got me' at 68mph in a 60mph limit.
The car was in my girlfriends name so hence she got the pcn. I ignored first one, then sent back the second one with my details on it, same address. My name was clearly printed as Mr. S******.
I got a pcn with the name of Mrs. S*******.
I get a lot of junk mail regarding my Ex wife so i have not done anything about this first letter. As i filled the form out correctly, and since then the DVLA have got the correct details, North Wales Police have made the mistake of changing my sex for me!
Please can someone advise me of the best way forward,
Thanking you all in advance,
fluff34567
you ignored the NIP and the requst for drivers details?
Pete D
You were clearly not misled by this as you opened the envelope. If this goes to court the Typo, if it is repeated on the summons, will be correctly under the slip rule so I suuggest you repond to the NIP within the 28 days or risk a prosecution for failure to furnish which carries 6 points and a £300 plus fine. Pete D
andy_foster
QUOTE (Pete D @ Tue, 29 Sep 2009 - 10:01) *
You were clearly not misled by this as you opened the envelope. If this goes to court the Typo, if it is repeated on the summons, will be correctly under the slip rule so I suuggest you repond to the NIP within the 28 days or risk a prosecution for failure to furnish which carries 6 points and a £300 plus fine. Pete D


So the slip rule allows the court to change the defendant? Do you have an authority for that?
Are you saying that if a notice is received then it is served in law regardless of how contrived the route?

@topmansi,

Assuming that you name is Frederick Bloggs, was the notice addressed to Mrs Frederick Bloggs, Mrs F Bloggs or just Mrs Bloggs?
topmansi
The gf replied to second letter with my details. I have got the pcn with Mrs. on it. We replied in the correct way to the original reminder. I now have this pcn with Mrs. and i still have this letter at home.



I am Mr Frederick Bloggs, and the letter was addressed to Mrs Frederick Bloggs huh.gif


Pete D
http://www.pepipoo.com/NIP.htm#Slip_Rule
Details the correction of typo's in Name, address, etc.

And of course
SECTION 14 14.1 The Slip Rule The court may at any time correct an accidental slip or omission in any certificate issued by the court and may vary any certificate in order to make the meaning and intention of the court clear: see CPR 40.12 (often known as the "slip rule") and the Practice Direction supplementing it. Although it is mainly used to correct typographical or arithmetical mistakes, the slip rule can also be used to correct other more substantial errors and omissions in expressing the manifest intention of the court. 14.2 Applications for Amendment An application under the slip rule may be made informally (eg, by letter) or formally, by application under Part 23 (as to which see Section 17, below). The application may be dealt with without a hearing if the applicant so requests, or with the consent of all parties, or where the court does not consider that a hearing would be appropriate. However, if the application is, or is likely to be, opposed, it should be listed for hearing before a Costs Judge.

Pete D
MartinHP71

Why are we talking courts. The OP hasn't got any thing from the court yet. He has just got an offer (if I am reading it right) which instead of Mr has Mrs but is correct in all other details.

To the OP you can choose to ignore the offer as you think its in your ex wifes name or whatever, that is perfectly okay.

What will happen next when you don't accept it is that it will go to court and you get the same points and a larger fine and of course the add-on's.
CuriousOrange
I don't think the OP has a CoFP.

I'm reading it as: Girlfriend (RK) gets NIP/S172, which they ignore; gets reminder, so she replies naming Mr S; Mr S gets a NIP/S172 with the correct first/last name but Mrs instead of Mr. Wonders what to do.

Now that it's been opened (and assuming the ex doesn't share the same first name anyway) I don't think he could defend against an S172 charge.

Do court summons even name people as Mr/Mrs/Miss/Dr/Major/etc? I thought they just used full names.
topmansi
Yes i opened the letter but with the post nowadays it could have got lost? it was not registered delivery? loose this letter and not open reminder?
CuriousOrange
It didn't get lost though, did it? And telling them it did would be a far more serious offence then a bit of speeding.

If you ignored it, ignored a reminder (opened or otherwise) then you'd end up going to court on an S172 charge (six points + large fine if found guilty) where you'd have to convince them you never received anything, probably having to commit perjury to do so. You wouldn't be able to say 'you addressed it to my ex-Mrs' because then they'd know you got it. So you'd just have to stand there, say you never received anything (possible perjury) and then hope they'd believe you, which is unlikely.

If it were that easy, everyone would be ignoring their S172 requests, addressed correctly or otherwise.
Ferret
What sort of time scale are we looking at here? What was the date of the offence?

If you are getting towards 3 to 4 months, it might be worth waiting 28 days (or if braver, for the reminder) and then informing the old bill that the Mrs is an error, can you please send a correct form, another 28 days can pass, you get a COFP and that may take you pass the 6 month threshold for proceedings to be initiated??
topmansi
The offence happened on 9/8/2009.
ict_guy
QUOTE (topmansi @ Tue, 29 Sep 2009 - 17:18) *
The offence happened on 9/8/2009.


Fat chance of it timing out then. My advice would be to pay up and move on. It'll cost you much more going the court route.

As has been said, you've opened the letter and read it, you can't now deny all knowledge in a court of law!!
topmansi
QUOTE (ict_guy @ Tue, 29 Sep 2009 - 20:11) *
QUOTE (topmansi @ Tue, 29 Sep 2009 - 17:18) *
The offence happened on 9/8/2009.


Fat chance of it timing out then. My advice would be to pay up and move on. It'll cost you much more going the court route.

As has been said, you've opened the letter and read it, you can't now deny all knowledge in a court of law!!



I am still hanging on at the moment! latest update pcn in my name asked for photo. This was received and it is not possible to see who the driver is. I emailed nwp and asked for a better copy as it was impossible to tell who was driving with my copy. I got email back saying it is under consideration
Pete D
Warning. 'Under Consideration' may imply they are considering raising a charge of 'Failure to Furnish' and a summons. This will lead to 6 points and £300 plus fine. Remember this was a van ping and they have a high resolution SVHS or DVD recordring of the whole session. Pete D
AFCNEAL
You've already said you know who was driving and have confirmed this by replying to the (2nd) NiP?

You are heading for more points, bigger fine and higher insurance methinks............
Pete D
Why do you insist on referring to a PCN. That is a parking offence. What you have is a NIP and S172. Pete D
7159keith
Why are you hanging on? You seem to be ignoring the good advice being given.

The incorrect gender on the NIP is not relevant, particularly as you have opened it and know it relates to an alleged incident about which you are aware and have openly admitted to be the driver at the time.

If you continue down this route the best you can hope for is the scenario AFCNEAL outlines, even worse you could end up with a PtCJ charge and a free holiday courtesy of Her Majesty.

CuriousOrange
QUOTE (topmansi @ Tue, 24 Nov 2009 - 04:11) *
[Photo] was received and it is not possible to see who the driver is. I emailed nwp and asked for a better copy as it was impossible to tell who was driving with my copy.

It doesn't get you off the hook if the photo doesn't show who's driving. It's down to you to tell them what you know to help ID the driver. Your girlfriend has named you, you know it was you. No response within 28 days (of which there can't be much left) sees you in court and an easy six points against you. If you respond you either tell them it was you or commit a serious crime by lying.
Glacier2
He will be back next telling us he has received a summons for failure to furnish and the original speeding.
murphcbr6
I do wonder sometimes - people take the time to make a post, and then completely ignore the advice given.

ho hum
7159keith
QUOTE (Glacier2 @ Tue, 24 Nov 2009 - 13:24) *
He will be back next telling us he has received a summons for failure to furnish and the original speeding.


Night follows day, or in this case 28 days.
topmansi
QUOTE (murphcbr6 @ Tue, 24 Nov 2009 - 13:38) *
I do wonder sometimes - people take the time to make a post, and then completely ignore the advice given.

ho hum


update!

ho hum!!!
yes i do take notice!
I had an email saying i was going to be prosecuted for fail to furnish to which i replied 'due to process of elimination it was myself driving' i duly sent payment back with driving license.
My license appeared back 15th Jan with the points written down in ball point pen.
ok so is the case over with?
possibly, but i have had SP30 written on it!!
Should this be SP60?
jaykay


No, SP30 is exceeding the statutory speed limit on a road other than a motorway and is correct. ie it's nothing to do with a 30 limit.
MartinHP71
No.

Code Offence Penalty points
SP10 Exceeding goods vehicle speed limits 3-6
SP20 Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles) 3-6
SP30 Exceeding statutory speed limit on a public road 3-6
SP40 Exceeding passenger vehicle speed limit 3-6
SP50 Exceeding speed limit on a motorway
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