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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69780
Experience:  Over 5 years in practice.
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I have received a notice to say I was speeding, however the

Resolved Question:

I have received a notice to say I was speeding, however the road it is alleged I am speeding on has been incorrectly spelt. Is the notice therefore valid?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How bad is the error?
Were you speeding?
Customer: replied 2 years ago.

The road is Silver street Wythall buy was spelt Silner Street, and yes unfortunately I was doing 37 mph in a thirty zone. I have been given an option to take a speeding awareness course as an alternative to fine and penalty points

Expert:  Jo C. replied 2 years ago.
Thanks.
That is bad news I'm afraid.
Is this is a fixed penalty offer or a S172 request?
Customer: replied 2 years ago.

is a S172 request asking for the drivers details if so yes

Expert:  Jo C. replied 2 years ago.
Thanks
Its not quite right to say that this invalidates the proceedings but its obviously wrong.
You can always write back making the point that your vehicle was not at this location as this location does not exist and therefore you cannot name the driver. Chances are that they will just amend the NIP and send out another but at least it buys some time and they do only have six months to lay an information.
It would be irresponsible of me not to warn you of the risk that they will prosecute you for failing to identify and that does carry a higher fine than speeding and six points. I think you have an almost failsafe defence as that location does not exist but you need to know what you face.
If they do amend and serve again then the whole thing proceeds as normal. There has actually never been a challenge that I have ever seen to whether or not an amended NIP comes within the required to serve within 14 days. I think probably a court of appeal would say that it does though because all the NIP requires is that the registered keeper be warned of the contemplation of proceedings. Obviously to comply with a S172 request you need to know more than that so that you can tell them who was driving but thats a different point.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69780
Experience: Over 5 years in practice.
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