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Full Version: Wrong date on FPN, its 10 months in the future
FightBack Forums > Queries > Speeding and other Criminal Offences
markyboy99
1. Was the offence in England or Scotland [b]ENGLAND
2. The name of the Constabulary DOVER KENT
3. Date of the offence 06/10/06 (not even happened yet)
4. Date of the NIP 06/01/06
5. Date you received the NIP 06/01/06
6. Was the NIP addressed to you? YES
7. Was the NIP sent by first class post, second class or recorded delivery? HANDED TO ME
8. Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? If not then what is your relationship with the vehicle? YES
9. Do you hold a UK or foreign driving licence. YES
10. How many current points do you have? 3
11. Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons.

Im not sure I filled out the above exact because I actually received an FPN at the scene but I think you will all get the jist.

I was caught by a mobile camera along with quite a few others doing 40 up a 30mph hill. I honestly don't believe I was doing 40 but was probably doing more than 30. I was given a FPN by the officer at the scene but didn't give him my licence. When I got home I noticed that he has got the date wrong. It reads on 06/10/06 at 1308 hrs etc but this date is 10 months in the future. He should have put 06/01/06 but he has signed/dated it correctly at the bottom. Incidentally he has also got my car wrong, its a vectra not astra. Numberplate is correct

I don't see how I can be accused of doing something that hasn't even hapened yet. I did put my signature against the request only item.

I was thinking of copping the 3 points and even went to the station tonight but the girl said are u sure you don't want to check it out with a solicitor.

Do you think Ive got a good case to argue in court. My worry is they will realise their mistake and just change it to the correct date claiming the slip rule (Can they do this for the date?) and ill get more than 3 points.

Your urgent advise would be welcome as Ive only got 3 days to surrender my licence or ask for a hearing.
andy_foster
I have heard of cases where a FPN for speeding has been cancelled due to errors such as this, but I don't know whether there is any legal basis, or simply local force policy to stop themselves looking stupid.

As regards the defective NIP, there's no mileage there.
Whilst the requirement to serve a NIP is mandatory, the required details are merely directory - as you cannot have been misled by the defective date, as you were stopped at the time, it does not invalidate the (verbal) NIP.

The other possible issue is the procedures concerning FPNs. We believe that certain defects in a COFP can render any subsequent summons unlawful/an abuse of process, but I'm not going to try to wrap my head around FPNs just now.
The Rookie
Was this castle hill? (I haven't always lived so far north!) If so pm me as I have some info that may still be of use.......

Simon
markyboy99
QUOTE (The Rookie @ Tue, 10 Jan 2006 - 06:24) *
Was this castle hill? (I haven't always lived so far north!) If so pm me as I have some info that may still be of use.......

Simon


Hi Simon. It was connaught rd, the hill that leads upto the castle, as you may know its a bendy hill an the cop with the gun was round the bend tight to the fecnce so I couldn't see him.
Captain A
QUOTE
Date of the offence 06/10/06 (not even happened yet)


I'm afraid that this may well be capable of correction under the 'slip rule'.

http://www.hrothgar.co.uk/YAWS/costs_2g/section14.htm
Ocelot
Sounds like something out of 'Minority Report'!

The slip rule may well apply, but there was a case last october on this board where someone was accused of an offence, but the clocks had just gone back, and the time was an hour out. They got off, so why not you when the date was 9 months out?
markyboy99
QUOTE (Ocelot @ Tue, 10 Jan 2006 - 13:17) *
Sounds like something out of 'Minority Report'!

The slip rule may well apply, but there was a case last october on this board where someone was accused of an offence, but the clocks had just gone back, and the time was an hour out. They got off, so why not you when the date was 9 months out?


EVERYBODY RUNS Ocelot maybe I should
andy_foster
QUOTE (S.52(2) RTOA 1988)
(2) A fixed penalty notice must give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.


So far, not looking too good. The requirements of this subsection seem far less restrictive than the requirements of the NIP which were deemed to be merely directory in Pope v Clark.

QUOTE (S.52(3) RTOA 1988)
(3) A fixed penalty notice must state—
(a) the period during which, by virtue of section 78(1) of this Act, proceedings cannot be brought against any person for the offence to which the notice relates, being the period of twenty-one days following the date of the notice or such longer period (if any) as may be specified in the notice (referred to in this Part of this Act as the “suspended enforcement period”),
(B) the amount of the fixed penalty, and
© the [justices' chief executive] [designated officer for a magistrates' court] or, in Scotland, the clerk of court to whom and the address at which the fixed penalty may be paid.


QUOTE (S.55(2) RTOA 1988)
(2) No proceedings shall be brought against the recipient for the offence to which the fixed penalty notice relates unless before the end of the suspended enforcement period he has given notice requesting a hearing in respect of that offence in the manner specified in the fixed penalty notice.


A bit tenuous perhaps, but it would appear that proceedings cannot be instigated until 21 days after the date of the notice, or such later date as may be specified. 21 days after the date on the notice would be outside the 6 month limit for laying an information.

A scan of the offending notice might help.
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