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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80245
Experience:  Over 5 years in practice
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Is the fixed penalty notice for littering voided if my name

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Hi, is the fixed penalty notice for littering voided if my name was incorrectly put down? Is there a way to dispute this?
JA: Where are you? It matters because laws vary by location.
Customer: The littering took place within the redbridge council
JA: What steps have you taken so far?
Customer: Nothing so far.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I feel threatened by the council officer. On the ticket it said I littered and walk away. But the fact is I did not walk away and disposed the littering right after.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 12 days ago.
Thank you
Customer: replied 12 days ago.
I can’t call at the moment

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.

Jo

Customer: replied 12 days ago.
Is there a way to appeal or complaint about the ticket

Yes, but then you will lose the right at that stage and it is not a defence

Customer: replied 12 days ago.
what action should I take? Just pay?
Customer: replied 12 days ago.
Is it possible to apply for a reduced amount?

Or you can fight it if you have a defence.

Customer: replied 12 days ago.
I should wait to be summoned to court?

if you want to fight this.

Customer: replied 12 days ago.
Can I reject the summon as the name is ***** ***** It is surname and given name reversed, no typo

No, as I explained.

Jo C. and 2 other Law Specialists are ready to help you