Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I was stopped by a police officer for allegedly speeding, he handed me fixed penalty notice that i did not sign.
the date of the alledged speeding fine was 24th apr 09 but the policer put down 24 march 09.
does the "slip rule" apply here as this brings to question the officers ability to do his job and at the time of the alledged offence on the ticket i was sitting in my office working 200 miles away.
The FPN is just 'a piece of paper'. its the summons that counts. even then if the date error is propagated the first thing the CPS will do is to apply to have it changed. You think the court will refuse ?
If they send a summons regarding an offence commited on the 24th March i can produce evidence that i was not their during the time of the alledged offence then there is no case.
By the way what experience do you have in this matter?
do you work for the consumer action group? If a police officer who works as a traffic cop tells me in his experience i will get off i will obviously trust him as its his job. Also the woman at the police station agrees. Those sorts of odds dont come along very often
does the "slip rule" apply here as this brings to question the officers ability to do his job and at the time of the alledged offence on the ticket i was sitting in my office working 200 miles away.
No. the slip rule does not apply to an FPN.
An FPN is simply an invitation to admit guilt and receive a fixed penalty without the bother or costs of either side attending Court. However, an FPN is not a Court document, and if you elect for court, it will automatically be voided and a summons issued in its place.
The summons will be based in information laid at Court as to the offence. The PC's statement will be from his notebook and not from the FPN.
its your choice. Before committing to it I suggest you do some serious googling with
fpn "wrong date" speeding site:.uk
You may get off if the local force squashes these as a matter of policy to save embarrassment.
The key question you have to ask is does the wrong date affect your right to a fair hearing ? I would say no it doesn't and that the court would find so. The FPN is just your opportunity to avoid the court system, it really is 'just a piece of paper' as far as the court is concerned.
It is your choice but whichever one you make please keep us apprised.
No. if you ignore the FPN and it then takes it course in court it will be corrected.
Please note that an FPN, unlike a pcn, does not automatically escalate if no response is made.
The recipient must take action to elect for a court appearance, if they do not, then the FPN times out to a default conviction position and the fine is recoverable like any other Magistrates' Court fine.
do you work for the consumer action group? If a police officer who works as a traffic cop tells me in his experience i will get off i will obviously trust him as its his job. Also the woman at the police station agrees. Those sorts of odds dont come along very often
If you are so sure of your ground, why are you bothering to ask for opinions, and dismissing any that don't agree with your belief?
Just be aware that if you lose in Court, you wil have the fine (probably increased from £60), CPS costs (around £45) and victim surcharge (£15 - automatically added to and sentence by way of a fine at Magistrates' Court)
The odds are that the error will be corrected in the summons and if not, the slip rule will be applied. I think that there are very long odds against 'getting off'.
i will obviously trust him as its his job
No, it's definitely not his job. His job is to enforce traffic law. He is neither a CPS prosecutor nor a magistrate.
I would trust your replys but its hard when i seem to have support from police officers saying the opposite of you both?
When going to the police station to hand in my counterpart driving licence she noticed the date wrong and told me to contest it??? why would they do that?
Well i already have 6 points so you would have thought i have learned my lesson by now!!
Spoke with another police officer yesterday and he wrote
"Speaking as 1 who knows..I think..any mistake on the ticket will probably make it not enforceable....if they can make a mistake like that, what other mistakes could they have made? Contact the enforcing office, point out error, c what they say, may cancel ticket...let me know ASAP wot they say I will then do more diggin.."
Error on speeding ticket - date
was 24th apr 09 but the policer put down 24 march 09.
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Originally Posted by cj25
