Does a mistake on a fixed penalty ticket
invalidate it?
We get lots of question from people who
have spotted that there is a mistake on
the fixed penalty ticket they have received
from the police.
This can be in relation
to a speeding matter, or a red traffic light
offence, or contravening a traffic sign
etc etc.
The question we
get asked is whether or not the mistake
on the ticket invalidates it..?
The answer is normally
no !!
The fixed penalty ticket
is an offer made by the police to allow
you to get the matter over and done with
in a quick and cost effective way.
The ticket is not a reflection
of the evidence that the police have against
you. Its just a summary of the offence and
an indication that, if you so choose, you
can deal with it by paying £60/£200 and
getting 3/6 points on your licence.
The people I speak to
normally argue that the ticket is defective
because the police officer has put the wrong
date of offence, or the wrong registration
number for the vehicle, or slightly the
wrong name, or maybe the wrong date of birth.
Remeber - the ticket
isn't the officer's evidence.
If you reject the ticket
the officer will ask for a court summons
to be issued and he will draft a formal
statement outlining the offence in more
detail. The officer is unlikely to make
the same mistake on his statement and will
take the details from his pocket notebook
entry.
Now - if you take
issue with the offence itself, for example,
you don't accept that you were speeding,
or you don't accept that you contravened
the traffic light then you should ask for
a court hearing and contest the allegation.
The fact that the officer
has made a mistake may help you to show
the court that the officer is "slapdash"
in his approach and therefore the rest of
his evidence is unreliable....
But - you will not
win the case simply by standing up in court,
accepting that you committed the offence,
but pointing out that the officer
made a mistake.
The officer's job at
court is to prove beyond reasonable doubt
that you committed the offence in question.
If he can do that a mistake on the ticket
will not save you.
If you want to ask a
question about your ticket then please fee
free and Contact
us.
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