Wrong date on NIP - can you escape?
Discussion
A friend recently got done by laser/bridge/plod scenario. The photo evidence and duty log will all show that the offence occured on 23/6, but the NIP says 23/5... a whole month out.
John Robson et al, can you escape on a technicality if the NIP has the wrong date, i.e. claim you weren't in that area on 23/5 etc etc?
Cheers
Domster
John Robson et al, can you escape on a technicality if the NIP has the wrong date, i.e. claim you weren't in that area on 23/5 etc etc?
Cheers
Domster
Well, it was actually me that this occured too, I'll let you know the outcome. For now I've simply returned a copy of the NIP accompanied by a letter saying that I do own the car but was at work all day on that date with 40 witnesses.
Probably won't get anywhere but worth finding out to see if any other PH'ers can escape in a similar way should it happen to them.
Interesting thing is that I was being followed by a mate at the 'alleged' time/date/speed - must see if he's had a similar letter.
Probably won't get anywhere but worth finding out to see if any other PH'ers can escape in a similar way should it happen to them.
Interesting thing is that I was being followed by a mate at the 'alleged' time/date/speed - must see if he's had a similar letter.
I am not a brief but the way I would attack it would be to question the validity of the NIP.
You should receive an NIP within 14 days of the offence.( It must be sent in that time.)
How can you receive an NIP for an offence for which you have not yet committed?
Ask for the evidence (photo) relating to the NIP of the May offence. There will be none.
If you wait for the statutory two weeks after the offence date before you reply to the NIP, then you will not have been issued an NIP for the June offence as it does not exist (the NIP). To issue one later than that would not be legal.
To be prosecuted without having an NIP in this case is not possible. It will be thrown out.
You should receive an NIP within 14 days of the offence.( It must be sent in that time.)
How can you receive an NIP for an offence for which you have not yet committed?
Ask for the evidence (photo) relating to the NIP of the May offence. There will be none.
If you wait for the statutory two weeks after the offence date before you reply to the NIP, then you will not have been issued an NIP for the June offence as it does not exist (the NIP). To issue one later than that would not be legal.
To be prosecuted without having an NIP in this case is not possible. It will be thrown out.
The response seems quite straightforward.
The NIP will, I assume, ask the person to declare who was driving the vehicle at the location and date/time specified. If he can truthfully say so, he should simply say that nobody was driving the car at the location and date/time specified.
No further information should be offered. The statement is factually correct and he cannot be prosecuted for misleading the police.
The NIP will, I assume, ask the person to declare who was driving the vehicle at the location and date/time specified. If he can truthfully say so, he should simply say that nobody was driving the car at the location and date/time specified.
No further information should be offered. The statement is factually correct and he cannot be prosecuted for misleading the police.
quote:
A friend recently got done by laser/bridge/plod scenario. The photo evidence and duty log will all show that the offence occured on 23/6, but the NIP says 23/5... a whole month out.
John Robson et al, can you escape on a technicality if the NIP has the wrong date, i.e. claim you weren't in that area on 23/5 etc etc?
Challenge it vigorously. You are entitled to fair notice of the allegation against. Operate on a Scottish bench so NIPs are a alien concept. When the case goes to court, CPS MUST give the correct date when whoever allegedly committed the offence and they must be able to prove that in court. We will allow them to alter the summons to some extent, maybe a day or so, not a month, case dismissed.
Somewhat problematic with the NIP. If you challenge it vigourously at this stage, they notice their error, and try to issue a fresh NIP, and if it goes there, have the correct date on the summons.
I would be inlcined to wait till the last possible date to reply to the NIP,( at least 14 days after the actual offence, then write to the cops stating that that you weren't in the area concerned. Give any other informatiuon they ask for. Under S.1 of RTOA 1988 the NIP must be issued within 14 days of the offence. If your reply is so late that they can no longer do this, too bad for the cops. If the matter goes to court, get your brief to challenge the failure on their part to issue a timeous NIP and the case should be thrown out.
Bugger, my reply went in the post yesterday, hope they don't turn it round and find their error this week or they could still get me in the 14 day period.
My mate did get one too, he's going to send a similar reply but going more down the '14 days so this is too late mate' route.
Cheers for all the advice
My mate did get one too, he's going to send a similar reply but going more down the '14 days so this is too late mate' route.
Cheers for all the advice
doesn't really help you directly, but...
i was stopped by a marked car (thus a little different scenario) for excess on a dual carriageway - 105 in a 70, middle of nowhere pretty much. i didn't receive a summons for 5 months (instant NIP from the officer tho - they had 6 months to summons me after the offence), and the date of the offence was incorrect (said it had been the following month). i asked advice and a solicitor said the date discrepancy wouldn't matter, the summons would just be re-issued with the correct date, and to admit to the offence as it would look good for me.
upshot was i held my hands up in court, pointed out the error on the summons but admitted the offence (whilst noting the actual date). i ended up with a 14 day ban and no points, whereas the chap before me in court had 104 mph on the same stretch of road and won 6 points plus the same 14 days of enforced nike express.
i figured i got off quite lightly...
interestingly the officer said 'for future reference we don't normally pull over anyone doing under 90'. obviously not a national policy tho as a colleague was booked for 87 on the M1 the same weekend....
i was stopped by a marked car (thus a little different scenario) for excess on a dual carriageway - 105 in a 70, middle of nowhere pretty much. i didn't receive a summons for 5 months (instant NIP from the officer tho - they had 6 months to summons me after the offence), and the date of the offence was incorrect (said it had been the following month). i asked advice and a solicitor said the date discrepancy wouldn't matter, the summons would just be re-issued with the correct date, and to admit to the offence as it would look good for me.
upshot was i held my hands up in court, pointed out the error on the summons but admitted the offence (whilst noting the actual date). i ended up with a 14 day ban and no points, whereas the chap before me in court had 104 mph on the same stretch of road and won 6 points plus the same 14 days of enforced nike express.
i figured i got off quite lightly...
interestingly the officer said 'for future reference we don't normally pull over anyone doing under 90'. obviously not a national policy tho as a colleague was booked for 87 on the M1 the same weekend....
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