Thank you for the information and the time.
Iam sorry but I cannot give you good news. I'm afraid you are indifficulty here.
I have to tell you the truth.
I am sorry but it would be wrong of me to avoid givingyou the downside of your position.
There is quite a lot of caselaw on the point of errors in aNIP and summonses. There is nothingcover the wrong name but one can draw inferences from other law upon the point.
The case of Bilton excuses errors in the NIP on the basisthat the object of the notice is to ensure the driver is no taken by surpriselong after the offence when his recollection is dulled. Therefore errors were unimportant.
The cases of Milner v Allen and Percival v Ball have allowedthe Crown to change the nature of the charge on the basis that they haveaverred broadly the same thing.
Walton v Hawkins has said that the location isunimportant.
Goody v Fletcher has said that a mistake of one day in thedate did not invalidate a NIP.
I think we can probably deduce from that that the High Courtwould not be minded to find that a misspelling of a name invalidates a NIP/summons.
The fixed penalty, per se, is a non issue. Its just an offer. They don't need a name on that at all.
Can I clarify anything for you?
Hopefully, I have answered your query in a way that is simpleand easy to understand. If anything remains unclear, I will be more than happyto clarify it for you. In the meantime, thank you once again for using ourservices.
Do remember that I can only give you myopinion.
Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.
Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.
If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.
The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.