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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78630
Experience:  Over 5 years in practice.
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I have a speeding notice 37 in a 30mph My name on my Licence

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I have a speeding notice 37 in a 30mph My name on my Licence is Jonathan N Mills they have addressed it to John Mills
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Devon & Cornwall
JA: Do you need to appear in court?
Customer: NO
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I received a notice some time ago and attended a course but I have no record when

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 4 days ago.
Thank You

Thank you for the information and the time.

I am sorry but I cannot give you good news. I'm afraid you are in difficulty here.

I have to tell you thetruth.

I am sorry but it wouldbe wrong of me to avoid giving you the downside of your position.

There is quite a lot of caselaw on the point of errors in aNIP. There is nothing cover the wrongname 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.

Can I clarify anything for you?

Hopefully, I have answered your query ina way that is simple and easy to understand. If anything remains unclear, Iwill be more than happy to clarify it for you. In the meantime, thank you onceagain for using our services.

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 4 days ago.
I don't need a phone call straight forward if the name on the notice of intended prosecution is different to the name on the licence is the notice valid

I think I answered above?

The name is ***** ***** issue for the reasons explained.

Customer: replied 4 days ago.
Thank You that has helped

No problem.

All the best.

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Remember that I am always available tohelp with your questions. Even if I am in Court I will usuallypick up a question within 12 hours. For future information, please start yourquestion with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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

I am glad I was able to help. Have a great day.