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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice.
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Hi Ive received a postal requisition offence for exceeding

Customer Question

Hi I've received a postal requisition offence for exceeding the 70mph motorway limit. However, they have spelt my name incorrectly. Could this case be dismissed if I reply stating that no known individual resides at this address?
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Are you saying you did not commit the offence?
Customer: replied 3 years ago.

I was pulled over for speeding, the calibrated speedometer varied between 90 and 110mph for a distance of 2km.


I have the option to plead guilty by post. However they have clearly made an error with my contact name.

Expert:  Jo C. replied 3 years ago.

I do completely understand your wish to make them work and explore all possibilities but I'm afraid that this is not going to assist you.

There is case law on what makes these things defective and it literally has to be such that you cannot understand it is for you. You seem to accept that it is for you. Misspellings do not cause sufficient confusion I'm afraid.

In any event though, they issue summonses with incorrect details upon them all the time and they just amend them. They don't even need the permission of the court up until half time and its never refused thereafter.

If you don't have a positive defence then I'm afraid this is not a point that is going to make a different.

I'm very sorry if this is bad news.

Can I help further?
Customer: replied 3 years ago.

What would happen if I did respond saying no such person lives at this address? I've gained legal advice else where and they are suggesting its worth a shot. But it sounds as if you're against that idea.

Expert:  Jo C. replied 3 years ago.
Well, anything is worth a shot. It depends on your appetite for risk.

If the summons is for a completely different person then they may re issue in the correct name.

If its just a misspelling of your name then probably they won't but the court would accept that was sufficient.

The chances of success are not all that high but I suppose the risks are not huge unless of course they try you in absence because you don't respond. That would rack up costs.
Customer: replied 3 years ago.

And if I plead guilty by post what would be the possible outcomes? Would you recommend attending court? I've got a clean licence and no criminal convictions against my name.

Expert:  Jo C. replied 3 years ago.
They will need to ascertain why speed they say you were doing but if its between 90 mph and 110 mph then they are probably going to ask you to attend in person anyway for consideration of disqualification.

Even if its 110mph you would probably still only actually get 6 points and a fine but the penalties do include disqualification.

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