Wrong name on NIP

Okell

sevenhills said:

Car_54 said:

if no-one was driving at the precise time alleged, then explain that. Messing around over a few minutes either way is unlikely to end well.

The letter asks if I was the driver at the time of the alleged offense - NO

The letter asks if I can provide the details of the driver at the time of the alleged offense - NO

The form is not one where you can explain what happened, you tick a box, YES or NO!

Just for clarification, are you saying you are going to answer "No" to both questions?

If so, do you mean that you are saying that (1) you (sevenhills) definitely were not the driver and that you (sevenhills) definitely can't provide details of the driver, or (2) that the non-existent person the NIP appears to have been addressed to can only answer "No" to both questions, or (3) that you (sevenhills) are not the person the NIP is addressed to?

You can always write see attached and attach a letter explaining your confusion


To be honest, if I were you, the first thing I'd do is ask my employer who they identified as the driver.  I'd ideally want to see a copy of what they sent back to see if the name error originated with your employer rather than with the police.

Depending on what you find out you can then decide how to proceed.  However, unless you are certain that you (sevenhills) were not the driver in respect of this alleged offence, I'd be very wary of not identifying myself.

Why don't you start a thread on pepipoo or FTLA and ask them?

sevenhills

There is no confusion, at the time of the stated offence, the vehicle was parked at the side of the road. So I cannot say yes to their question 
I will read the letter again, to see if it asks for a covering letter, yes/no answers are quite precise, I wasn't driving at the time stated.

ontheroad1970

So why sully the waters with discussion of incorrect name, which will have no bearing at all, since it is clear who it is addressed to? Playing silly beggars with it will draw unwanted attention that could get very serious implications beyond points.  

sevenhills

Okell said:

that the non-existent person the NIP appears to have been addressed to can only answer "No" to both questions, or (3) that you (sevenhills) are not the person the NIP is addressed to?

This is an example of who the NIP is addressed to, correct name = F Smithson, actual name on NIP = SM Ithson.

As stated on the link to Pepipoo, a major mistake would be rejected.

Would a cheque be cashed by your bank with such a mistake?

LightFlare

sevenhills said:

There is a "slip rule" that allows the court to modify small errors (such as name/address of the keeper) due to typographical mistakes. Serious errors can't be modified, and invalidate the NIP.

I would say that the lack of a first name/initial and misspelling of the last name is a serious error?

http://www.pepipoo.com/FAQ.htm

I get that the right thing to do, is send the form off with a covering letter, after around 25 days.

pretty sure this won't have any impact apart from possibly put you outside the time scale where a driver course MAY be offered.

(OP isn’t the registered keeper on the V5, but was subsequently named as the keeper/driver at the time - therefore I don’t believe trying to engineer a time out is applicable)

I am not convinced it is a serious error and personally wouldn't be taking that path - but since it's your licence - your prerogative

TooManyPoints

There is a "slip rule" that allows the court to modify small errors (such as name/address of the keeper) due to typographical mistakes. Serious errors can't be modified, and invalidate the NIP.

The NIP isn't the issue as there is no requirement to serve one. The only one required by law has already been served on the Registered Keeper. It is the s172 request that the OP needs to concentrate on.

I guess if it asks if ** ***** was driving the vehicle at 5.39 I will answer no.

It won't ask you that. It will ask you to provide the driver's details at the relevant time and place.

I have a feeling this will end in tears,

ontheroad1970

sevenhills said:

Okell said:

that the non-existent person the NIP appears to have been addressed to can only answer "No" to both questions, or (3) that you (sevenhills) are not the person the NIP is addressed to?

This is an example of who the NIP is addressed to, correct name = F Smithson, actual name on NIP = SM Ithson.

As stated on the link to Pepipoo, a major mistake would be rejected.

Would a cheque be cashed by your bank with such a mistake?

An airline would allow you to fly to the US with such a mistake, even though a) it could make you buy a whole new ticket, and b) if US authorities (as an example)were to reject entrance, the airline would be responsible for repatriating that person.  The reason?  It's an obvious typo, and close enough to the correct name.  Have had typos made by business clients when they book my long haul flights to the US and elsewhere.  Never had a problem, a chuckle once or twice.  Not all airlines will allow a name change and some that will, charge for it.  You are barking up an expensive tree.  Seemingly needlessly too since you say that you can evidence the fact that the vehicle was parked up at the time.  

You know what is being presented to you, therefore you are not disadvantaged by it.  Therefore the error will very likely not get rid of the prospect of prosecution.  

I dare you to post it on pepipoo, they are in need of some light entertainment.

Car_54

sevenhills said:

Okell said:

that the non-existent person the NIP appears to have been addressed to can only answer "No" to both questions, or (3) that you (sevenhills) are not the person the NIP is addressed to?

Would a cheque be cashed by your bank with such a mistake?

It almost certainly would, as I discovered when defrauded of £800.

I discovered that there was no human scrutiny of cheques below a certain limit. That limit with my bank was £1,000, in 1997. It will be a lot higher now.

sevenhills

TooManyPoints said:

It won't ask you that. It will ask you to provide the driver's details at the relevant time and place.

I have a feeling this will end in tears,

It does ask that. I intend to fill the form in and I have written an explanatory letter.

I find it unbelievable that it is worded in such a way, it seems like I have to help them prosecute me.

sheramber

If you are si sure of your understanding why are you asking on here?