Fixed penalty charge - wrong name

jim

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i got a fixed peno charge 2 mnths ago for a minor driving offence. However, the notice I received is in the wrong name. They got my address correct and my number plate but my name is wrong. Its close to my name but isnt my name!

I ignored the charge and today a garda hand delivered another one with a slightly increased fine from €80 to €120. It says i can go to court in a month and challange it or i can pay the €120. The hand delivered charge is still in the wrong name.

What happens if i just continue to do nothing on this and ignore it?
 
Fáilte romhat go cloud cuckoo land. It's up to you to go to court and get the schmozzle sorted one way or another. You'll eventaully have a summons to court hand-delivered. Why accept the hand-delivered notice from the Guard if it's not for you?
 
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My partner signed for it when i was at work.

What if i just do nothing? Its not in my name.
 
My advise would be to pay the fine now for two reasons, one you obviously committed the offence or somebody using your vehicle did and two if you go to court and loose you will then have a motor conviction on record which you will have to inform your insurance company about and may affect future motor insurance premiums
 
Oh holy god - of course i committed the offence. Im guilty here. Im guilty as hell. I deserve the fine and i should.pay the fine. I prob even deserve to go to gaol for many many years. I drove all over that bus lane so I did.

This I know. Im not looking for advice or for the moralistic guidance on what to do. I know what i should do and i know what i will do.

Im looking for an answer to a simple question hopefully from a knowledgeable individual :)

Given that the name on the notice is not me, if I were to do nothing in this.scenario, what would the likely outcome be?

A) i go to court and its struck off on a technicality.
B) life in prison
C) the gardai woukd eventually figure out their mistake get my name right and re issue it.
D) i go to court and judge calls out my nonsense re name being wrong amd fines the crap out of me.
E) some other crazy outcome that I cant even imagine
 
Hoping to hear from someone with experience in relation to this kind of thing. This is a faux paux on the part of the gardai that I think renders the notice null and void. Am i wrong?
 
Well why don't you just ignore the fine go to court and report back to us with your new found enlightenment :D
 
Jim,
A friend was pulled for drink driving, got served with the summons with the surname Sam on it instead of Simon, went to court and the charge was struck out. Very slightly over the limit, but over it all the same. Don't want to give much more detail for obvious reasons
 
Jim,
A friend was pulled for drink driving, got served with the summons with the surname Sam on it instead of Simon, went to court and the charge was struck out. Very slightly over the limit, but over it all the same. Don't want to give much more detail for obvious reasons

Similar experience some time ago, correct day and time but wrong offence and location on the notice.
Went to court on the day, found the guard and told him I would be pleading not guilty.

He struck out the charge on the spot.
 
At the end of the day it will come down to the presiding judge. It will depend on whether he/she wishes to
amend the charge sheet/summons, which they are empowered to do. If the judge is in bad form or indeed
the "wrong" name is just a small mispelling/typo then it may not go in your favour.
However if the judge is sick and tired of the Gardai not doing their job correctly then it may well be struck out.
The above scenario from @Romulan is a way more serious compilation of errors than a simple erroneous name.

What it boils down to is, if you are a gambler, and wish to take your chances in court, personally I wouldn't as I
feel that if it goes against you, you will end up with increased fine and points which may culminate in you paying
a lot more than €120 over the next three years.

Just my two pennys worth........
 
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I have been to Court as an observer, what I experienced in cases like this where there was some anomaly or other was the Judge asking if it was your car and you driving when offence committed, in other words do you accept it was you that committed the offence answer was yes in most cases, Judge then gave benefit of probation act, if answered no the case was put back for a full hearing.
 
@Palerider , yep, its all down to the judge and what humour they are in on the day.
Strange one though giving the benefit of the probation act. I never came across that in regards to a motoring offence,
didn't know there was room for discretion or movement as there are set down fines/points.

While many summary offences dealt with in District courts benefit from the POA it does mean that the judge believes
the alleged offences to be proven and therefore the accused to be guilty of same.

@noproblem Your friend was very lucky to have such a serious offence to be struck out on that basis. However the court would not
know the intoxiliser reading until after conviction and before sentencing. So whether he/she was just over the limit or was as "pissed as a judge" (as the saying goes, pun intended) had no bearing on the end result.
 
@noproblem Your friend was very lucky to have such a serious offence to be struck out on that basis. However the court would not
know the intoxiliser reading until after conviction and before sentencing. So whether he/she was just over the limit or was as "pissed as a judge" (as the saying goes, pun intended) had no bearing on the end result.[/QUOTE]

Funny you should say that because the Super (who he knew) saw him in the court and asked him what he was up for, he was told, was also told of the name on the summons and he said the case would be struck out. Serious offence or not the Super had no doubt and was right.
 
go to court. You have a clear chance this will be waived as you will state that this is not your summons. Bring I D with you showing your correct name. If you don't go to court when it comes up you will be fined as default.
 
What district is it?

If Naas, pay the fine tomorrow. Do not risk Desmond Zaiden - he suffers no fools and will throw the book at you if it's only a slight error and that all other details are correct.

One case last year someone claimed he did not get the summons - Zaiden asked who lived in the house. Wife, and two adult kids. Zaiden wanted all three to come in a swear that they did not take in the summons.

Not sure how it ended.
 
What district is it?

If Naas, pay the fine tomorrow. Do not risk Desmond Zaiden - he suffers no fools and will throw the book at you if it's only a slight error and that all other details are correct.

One case last year someone claimed he did not get the summons - Zaiden asked who lived in the house. Wife, and two adult kids. Zaiden wanted all three to come in a swear that they did not take in the summons.

Not sure how it ended.

The point is my name is incorrect. The summons is not in my name. And because of this, theoretically, I never received the initial Fixed Penalty Charge. I only received the summons because it was hand delivered by a Garda.

Out of courtesy I will go to court, bring my passport and explain to the judge that I have taken the day off work to come here in spite of this summons not being in my name and me not having ever received the initial FPC.

If asked did I do the deed I will of course say I did (although I think it was a farcical decision by the Garda but that's another matter and I don't want to debate that here). My car reg is on the summons and my address is correct.

Again, the point is, whilst I did commit the offence, I never received the initial FPC, due to my name being incorrect, its still incorrect but here I am. I have it on good authority that itll be struck out.

Its in Blanchardstown court.
 
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