NIP, accepted speed awareness course but realised they’ve put the wrong area where the offence allegedly happened.

[th3joker]

Devon and Cornwall Police sent a NIP and I’ve accepted a speed awareness course.

 

The van was at Sourton Cross but they put Sowton Cross as the location.

 

is it worth challenging this?

[Manxman in exile]

The question to ask yourself is:  "Was I conceivably disadvantaged by the mis-spelling of the location?"

 

If the answer is "No", then it probably isn't worth challenging anything* as you appear to know the location of the alleged speeding and it isn't clear how you have been disadvantaged.

 

If the answer is "Yes", then I think you would have to be able to spell out to the court (because that is where it is likely to end up) very clearly why you think that.

 

*Just to add, you can't "challenge" a NIP, and you can't "challenge" the offer of a speed awareness course. If the NIP requires you to identify a driver, then you identify the driver - there is nothing to "challenge",  unless you claim your vehicle was never there.  If you are offered a speed awareness course you either accept the offer or reject it.  "Challenging" it would be daft - especially if you've already accepted it...  

Edited October 5, 2022 by Manxman in exile

[th3joker]

I guess it’s just the fact that it’s factually incorrect. It’s a bit like saying did you commit a murder at Sowton Cross and you could happily deny that because it was at Sourton Cross.

 

I’ve always found the whole process of having no option but to confess, to essentially a very lowly ‘crime’ the only one in this country that you’re forced to confess to. Murderers don’t have to confess!

 

in this case, I’m saying I know I wasn’t speeding at Sowton Cross.

[Michael Browne]

The slip rule

The court may at any time correct an accidental slip or omission in any certificate or order issued by the court and may vary any certificate, order or judgment in order to make the meaning and intention of the court clear: see CPR 40.12 (often known as the “slip rule”) and the Part 40 Practice Direction supplementing it. Although it is mainly used to correct typographical or arithmetical mistakes, the slip rule can also be used to correct other more substantial errors and omissions in expressing the intention of the court.

[th3joker]

It's a 37mile difference.

 

I would imagine I wasn't alone on that day...

 

In a murder trial I would say that would be enough to get someone off. Apparently speeding is a far worse offense.

[dx100uk]

but either still happened.

[BazzaS]

12 minutes ago, th3joker said:

It's a 37mile difference.

 

I would imagine I wasn't alone on that day...

 

In a murder trial I would say that would be enough to get someone off. Apparently speeding is a far worse offense.

 

The big question, I guess, is if you've come here to get advice, or merely to whinge you got nabbed for speeding.

 

So, you can always plead not guilty, and see if they accept that you weren't speeding at Sowton Cross.

The downside, if the court lets them amend it to Sourton Cross: you lose the option for a speed awareness course, and if the bench is under-impressed and chooses to penalise at the maximum end of the guidance as a result: you pays your money, and takes your choice.

[th3joker]

Yup, thanks for all the help guys.

 

Was interesting to learn about the slip rule.

 

I'm happy to go on the speed awareness course, I was indeed speeding. Only myself to blame!!

[honeybee13]

Does the NiP have a postcode or the rest of the address on it?

It seems that you may have changed your mind anyway so I hope it goes well for you. Please keep us posted. 

 

HB