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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 82123
Experience:  Over 5 years in practice.
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I correctly filed out form giving the name of the driver.

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I correctly filed out form giving the name of the driver. Police have mixed up names and sent notice of intended prosecution to my partner but used my surname by mistake. As we aren’t married and it’s their error where does he stand?
JA: What location was this in? And have you consulted a local lawyer?
Customer: West Sussex and no
JA: Was a citation issued? Was a court date set?
Customer: no the only thing received was a notice of intended prosecution addressed to someone who doesn’t exist.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no , don’t believe so. Is there a charge for this advice please?
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.

Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

Are you basically asking if he can ignore the whole thing because of an error in his name?

Customer: replied 11 days ago.
Customer: replied 11 days ago.
Happy to continue with messaging.
Customer: replied 11 days ago.
Live phone call not required 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 the truth.

I am sorry but it would be 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 a NIP and summonses. There is nothing cover 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 basis that the object of the notice is to ensure the driver is no taken by surprise long after the offence when his recollection is dulled. Therefore errors were unimportant.

The cases of Milner v Allen and Percival v Ball have allowed the Crown to change the nature of the charge on the basis that they have averred broadly the same thing.

Walton v Hawkins has said that the location is unimportant.

Goody v Fletcher has said that a mistake of one day in the date did not invalidate a NIP.

I think we can probably deduce from that that the High Court would not be minded to find that a misspelling of a name invalidates a NIP/summons.

Can I clarify anything for you?

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

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a county court judge in a civil case or from the magistrate in a criminal case heard in the magistrates court or the jury in Crown Court.

Jo

Customer: replied 11 days ago.
I understand what you are saying however it’s not a misspelling .My surname is ***** ***** the NIP is addressed to Mr ***** *****, where it should be Mr Daniel Watts . Does that make a difference please?

No. Its non issue.

There's no doubt that it was him.

At the very highest point, if you respond with that information, they may just send a new NIP out.

but most likely they would prosecute for failing to identify.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 7 days ago.
Professional and clear and concise.
welcome