FPN (Fixed Penalty Notice)

[amirnazir]

Sorry to Post this in here but can anyone assist in this matter.

I received a FPN for a motoring offence. (handed to me by the police officer at the time) The FPN however has the incorrent time (by a few hours) and I can prove at the time of the offence (claimed on the FPN) I was elsewhere.

I need clarification on the below.

"A FPN is a factual document and MUST be correct in every instance appertaining to the offence, if there are errors on the FPN as you point out then the "offender" has legitamate grounds to contest, if it went to a magistrates court it would be dismissed out of hand."

Can anyone help me in where in Law this is documented and if it has been used in any cases, (case names would be helpful)

Thanks in Advance.

[Grunty]

I think the person who told you that has been inaccurate, with one possible exception - see below. A fixed penalty notice is an invitation to save the time of the courts by paying a penalty. If that invitation is not accepted, the case will go to court and it will be up to the police to produce the correct evidence. If the evidence is still inaccurate, you will be able to rebut it and the case should be dismissed.

For some offences including speeding, dangerous/careless driving and failing to conform to traffic signs a notice of intended prosecution is required. If the notice you were given includes this, then it must be accurate. If not given to you verbally at the time, the NIP must be sent to you within 14 days. If you wait for three weeks from the offence you could point out the error and your proof and the case should be dropped.

[amirnazir]

The Fixed Penalty Notice has the incorrect time on it.

The prosecution Witness Statement also has the incorrect time on it, (but the same time as the FPN)

The Witness (Copper) in court also testified giving the incorrect time

I went to court and defended myself and pointed out that at the time of the offence as stated by the prosecution I was elsewhere.

I requested the Magistrates to consider that there is "no case to answer" because at the time of the offence as stated by the prosecution I was nowhere near the offence location.

They adjourned the trial on the basis that I need to clarify where this has been used before. (The Technicality that I was not there at the time & the prosecution has messed up)

[gammaray]

speak to a lawyer. A person defending themself has a fool for a client ... not my words but wise ones non the less.