Can i contest a speeding ticket if it has the wrong address on it

[timmy0101]

Hi, just looking for some advice. About a week ago I was caught speeding by a mobile traffic officer, who was on the side of the road with a handheld camera. However when i received the NIP it has the location wrong, The location on it is about 2 miles away and in the next town. Can this be thrown out?

[HandyAndy]

Assuming you were not stopped at the time, at present all you are being asked to do is to identify the driver at the time and place the offence is alleged to have taken place. I would suggest you wait until fourteen days have passed and then make a bemused phone call to the Camera Partnership to find out if they have got the location wrong (on the basis that you were not at that location at the time alleged). If you wait until 14 days have passed it is too late for the police to issue an amended NIP and so comply with the legislation that says they must serve a NIP within 14 days..

They may still issue a second NIP and a request for driver's details, which you will have to respond to, but cross that bridge if you come to it.

Were you ever at that location on that day?

[timmy0101]

Yes I was there. It was a police officer hiding behind some bushes with his radar gun.
I will respond to this one advising I was the driver and then take it from there.

The location on the NIP is in the next town lol

[HandyAndy]

I will respond to this one advising I was the driver and then take it from there.

If you "take it from there", the police will simply offer you a course, a fixed penalty or begin court proceedings (depending on your speed, the limit and your eligibility for the out-of-court remedies).

I thought you were looking for possible ways to avoid any of those.

[timmy0101]

Would I not just let them go to court with it. We have the pic they took, can get the location they put from Google, and state they are not the same?

how can you say i was speeding on x st, and send me proof of me on y street

Or, am I oversimplifying it?

[HandyAndy]

The question you are asked when served with a request for driver's details is "who was driving car AB 12 XYZ in Station Road, Anytown at 11:30am on dd/mm/yy"?

If you reply "me" then you are accepting you were driving that car at that time in that place. All they will have to do in court is to produce your response to that request.

Ideally you need to raise he issue of the location before you respond to the request but after the cut off for them to issue an amended NIP. (whilst still bearing in mind that you must respond within 28 days).

[timmy0101]

Ah that makes sense.

Thank you

[timmy0101]

Can I ask is this 14 days from the offence date or 14 days from the date on the letter.

Thank you for your help, I will follow your advice to a T

[HandyAndy]

Can I ask is this 14 days from the offence date or 14 days from the date on the letter.

It's 14 days from the date of the offence.

Section 1 of the Road Traffic Offenders' Act requires that a Notice of Intended Prosecution, specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, to be served within 14 days of the date of the offence. If the police have got the location wrong and you wait until after 14 days have elapsed, any new NIP they issue will not meet those requirements.

What sometimes happens in circumstances like yours is that the police realise they have made an error and discontinue action. However, be prepared for them not to do this. If they insist on continuing, you must respond to their request within the 28 days allowed.

When I asked whether you were ever at that location, what I meant was were you ever at the "wrong" location (in the next town) on that day? If so, were you there perhaps an hour after the time alleged?

[timmy0101]

No I wasn't at the wrong location at all.

I know the location they snapped me at and I was there but its not the location they stated if that makes sense

I will wait for the 14 days to lapse then contact the camera partnership folk.

I will keep you posted, really appreciate the advice.

Thank you

[timmy0101]

Hi

Just wanted to update you and thank you.
I contacted the speed partnership team online yesterday and today received notification they have cancelled the notice due to due to a clerical error.

Thanks again, youre a legend

[HandyAndy]

Excellent result!

Thanks for letting us know.