Speeding offence details incorrect?

beachBOYken · 14 Aug 2020 at 11:17

Hi

I got caught doing 38mph in a 30 the other week by a manned radar gun, I stopped handed over details and went on my way, I was offered a speeding awareness course.

I know I was in the wrong and at the time didn't realise I was going that fast, it was up hill also and its quite easy to apply a bit more when going up hill.

Anyway I received the paperwork today detailing the offence and options to proceed with course.

The thing is the details are completely wrong, it happened on the 7TH, paperwork says 12th and the time of offence was around 3.30pm, paperwork says 1.40pm when I wasn't even driving then.

Not that Im worried about paying fine and proceeding with course but have I got grounds to appeal?

If it will be a long process I will just do the course and pay any charge.

Thanks

Nasher · 14 Aug 2020 at 11:20

If any of the details are wrong appeal it.

wedrum · 14 Aug 2020 at 11:23

you will just end up paying it anyways so just pay it and move on.

beachBOYken · 14 Aug 2020 at 11:25

wedrum said:
you will just end up paying it anyways so just pay it and move on.

Yeah, I'm sure it will be a hassle appealing anyway, and like you say just learn my lesson and move on.

Moley · 14 Aug 2020 at 11:26

Appeal it.

They have accused you of something you haven't done - speeding on the 12th at 3:30pm. If they can't produce the evidence to back up that accusation (they can't) then they will have to retract it and/or make a different accusation. BTW - don't tell them the correct date and time, let them figure that out.

NVP · 14 Aug 2020 at 12:22

Don't reply, let them take you to court, win on the technicality

kindai · 14 Aug 2020 at 12:32

NVM see below

Diddums · 14 Aug 2020 at 12:32

Get on pepipoo and ask them. They'll give you some solid advice, I'd say you've got a very good chance at squirming out of this one.

beachBOYken · 14 Aug 2020 at 12:36

kindai said:
Yes, you should fight it. Things like minor name blips or the like will usually be let slide by court as admin error, but to be accused of something on the wrong date, and wrong time would be grounds for dismissal.

Can you provide evidence that you were doing something else at that time / date? Receipt from a purchase, logged into a work terminal or something.

Not really, at that time I would have been driving as well, I'm just going to pay and do the course, its online anyway.

wedrum · 14 Aug 2020 at 12:38

kindai said:
Yes, you should fight it. Things like minor name blips or the like will usually be let slide by court as admin error, but to be accused of something on the wrong date, and wrong time would be grounds for dismissal.

Can you provide evidence that you were doing something else at that time / date? Receipt from a purchase, logged into a work terminal or something.

the OP may of been dogging so no receipt for that unfortunately.

beachBOYken · 14 Aug 2020 at 12:42

wedrum said:
the OP may of been dogging so no receipt for that unfortunately.

Yeah thats why I was in a rush for the local meet up.

Building Candy · 14 Aug 2020 at 12:43

Many years ago i got a ticket in the post, I was expecting it having blown past a policeman with a speed gun about a week prior. It had the wrong road, but I sent it back anyway pleading guilty but I wrote on there that I wasnt on that road the day in question and they just wrote back cancelling it straight away.

wedrum · 14 Aug 2020 at 12:45

beachBOYken said:
Yeah thats why I was in a rush for the local meet up.

me too

NVP · 14 Aug 2020 at 12:50

kindai said:
Can you provide evidence that you were doing something else at that time / date? Receipt from a purchase, logged into a work terminal or something.

Shouldn't need that, the police will not push that he was caught on a different day and should admit to the error. The actual fact of an error on the paperwork allows doubt as to the rest of the technical details measured or stated, that's why it'll be dismissed. Not my first rodeo

kindai · 14 Aug 2020 at 12:52

beachBOYken said:
Not really, at that time I would have been driving as well, I'm just going to pay and do the course, its online anyway.

Sorry I just checked with my mate who got off on such a technically, he said he replied to the NIP saying he was not at that location at that time and date and asked for an evidential photo, and they sent back a letter saying they were dropping it. It never went to the court stage, where they can amend the details under the "slip rule"

NVP · 14 Aug 2020 at 12:59

What is this "slip rule" and when is it applicable? #KnowledgeIsPower #DrinkMilk

kindai · 14 Aug 2020 at 13:12

NVP said:
What is this "slip rule" and when is it applicable? #KnowledgeIsPower #DrinkMilk

Basically means they can amend the incorrect details.

Correction of errors in judgments and orders
40.12

(1) The court may at any time correct an accidental slip or omission in a judgment or order.

(2) A party may apply for a correction without notice.

Given the officer likely has the correct time and date in his notebook, if it were to proceed to court they would amend the paperwork. Thats why its worth seeing if a pencil pusher behind a desk might just decide to drop it instead if you push back slightly before it gets too far.

InvaderGIR · 14 Aug 2020 at 13:13

NVP said:
What is this "slip rule" and when is it applicable? #KnowledgeIsPower #DrinkMilk

nip slips maybe?

beachBOYken · 14 Aug 2020 at 13:15

I don't want the worry and hassle, I'm just going to do the course via zoom app

NVP · 14 Aug 2020 at 13:16

Understood. But is an inaccurate figure an "accidental slip or omission"?

Speeding offence details incorrect?

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