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Today i recieved a notice of intended prosecution, excess speed camera device, but on the document the spelling of the town is incorrect - given this error any chance of escape from the clutches of the law?
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Nope not on this point, try another tack, that one will get you nowhere.
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TourVanMan TM < Ex RF >
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It depends how bad the mis-spelling is. If they meant Tonbridge and put Trowbridge that is clearly wrong, it is is just a letter or two wrong then no chance - as TVM says. If you were 35 or under in a 30, ask about the option of a Speed Awareness course. It takes a day, you have to go to where it is being held at your own expense and it costs more than the £60 fine BUT it save you points on your licence! Might be worth it you you?
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>If they meant Tonbridge and put Trowbridge
But what if they meant Tonbridge and put Tunbridge? Only five miles apart!
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This may well qualify for 'Vague Locus' and could well get dropped but again do not return until the 26 and a half day to make sure they can not re-issue the NIP. Regards Peter
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There is no 'Tunbridge' - it is Tunbridge Wells but I take your point! Pete has the best idea = if you spot an error that might be an 'out' wait until the last 2 days and then return NIP recorded delivery and their response, if any, will be out of time
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Sorry should have made clear, it is location of offence that had the spelling error - Llenelli, not Llanelli. I'll wait until last moment, return with covering letter, stating never been near Llenelli!
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That error will be covered by slippage so it is no defense I'm afraid but worth a try I guess. Regards Peter
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Peter D. Obviously one letter wrong falls into 'slippage' but if the corrected NIP is served outside the 28 day rule is it valid? Sorry to keep digging away at this one - I am interested!
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No the corrected NIP is not valid if dates outwith the 28 day rule. However the error here simple slippage so the original NIP is valid and was demmed to have been served. Even the admin clerk of the court can declare the correction if it went to court that is. Regards Peter
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Understood! Thanks for the clarification!
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AS
NOIP has a 14 day deadline and cannot be re-issued.
172 Form (Name driver) has a 28 day return requirement and IT can be reissued.
dvd
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So DVD, if you fill in a 172 on day 26, relating to an incorrectly worded NOIP which can't be re-issued after day 14 you have a result? Or more likely you don't!
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AS
You are aware from previous posts on NOIP, the ideal time to open an argument on its legality is after the 14 days so that they cannot issue an amended NOIP, which if served within the 14 days (ignoring date of offence), is then valid and does not prohibit a prosecution.
With the second part of the intial CO is the 172 form to name the driver which has to be returned signed within 28 days or an offence committed. It would seem prudent to open a dialogue with SCP on the defect in name of town after the 14 days and before the end of the 28 days pojnting out the defect suggesting this fact invalidates the NOIP and the Form 172 as the receipient was not in that town at the time and date stated.
Bearing in mind that this will not be an open and closed arguement for there are a number of stated cases that such matters will have to be argued before a Court (have a heart for PU has to make a living and saving for his retirement) and for the bench to make the decision or even up to Court of Appeal.
Also take note of the fact that the Conditional Offer stage is not a platform for arguement merely an offer by them to accept and get the matter over and done with. The argument stage is before the bench which if you question the CO the SCP may well go to the Court.
dvd
PS. My heard bleeds for you having to work on 25.12. At what? I believe that you used to flit amongst the nimbus........ of my gawd your not Santa Claus?
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NHS Out of Hours GP Receptionist. The roster has given me 8 hours shifts on 21/22/23/24/25/26 Dec and again on 30/31 Dec and 1 Jan 07. With luck the overtime will pay my Winter 1/4 fuel bill. If it doesn't I quit!
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"have a heart for PU has to make a living "
Ho ho ho !
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Spot on DVD I got the date mixed. It is 14 days that they can modify and or re issue a NIP not 28 as I incorrectly detailed. There have been a couple of Modified NIP's due to early returns with covering letters mentioned on www.Pepipoo.com at the persons expense. If you get a NIP 'No Not Panic Mr Mannering' Use the time and think, take advice then note every thing, copy everything then reply by use of Special delivery. Regards Peter Yes I know it is Christmas Day. Regards Peter
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www.pepipoo.com/NIP.htm
Check out this web site for the BEST advice bar none on all speed conviction related matters. The site is full of legal beagles reaay to offer good free advice. Ive used them and it works!!
Good Luck .
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