Name Spelt Wrong On Notice Of Intended Prosecution

Question:

The name on the NIP is spelt wrong. Does this make any difference? I.e. It states that only the name on the form can fill it it in?

Rob Says:

It depends! The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won’t be a defence because the police will have still complied with the rule to send it to the last known name and address etc.

If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. You need to find out whose mistake it is.

A defective NIP is not a defence to failing to name the driver – so you must still provide that information. But I suggest you do that with a letter stating that the NIP is defective (if it’s the police’s mistake). The defective NIP maybe a defence to the Speeder though.

Have you got any points already? If so, how many?

Come back to me if you would like my help with this matter. I may be able to dissuade the police from taking the matter further.



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