Fixed penalty charge - wrong name

Discussion in 'Askaboutlaw' started by jim, Aug 24, 2018.

  1. dereko1969

    dereko1969 Frequent Poster

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    Why did your partner accept it if it was in the wrong name? It must be close enough.
    You did receive an initial FPC albeit with the incorrect name, why did you open it if the wrong name was on it? Why did you open the second notice if it had the wrong name on it?
    Why are you appearing in court having read a notice addressed to someone else?
    The Garda have way more than their fair share of incompetent idiots.
    Whilst the name is wrong, 2 of the 3 other identifying markers are correct (licence plate and address), you are showing up. I would hope and think that the Judge will find against you.
     
  2. TheBigShort

    TheBigShort Frequent Poster

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    Id say you are.
    The judge will probably ask you did you commit the offence. If you say yes, then the misspelling of your name becomes incidental to the case.
    If plead not guilty, then you may have a case - but would probably need a solicitor or barrister to present your case on your behalf.
    Which will probably cost a lot more than the fine, for the offence which you did commit.
     
  3. jim

    jim Frequent Poster

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    1. you'll have to ask her :) she shouldnt have I suppose.
    2. it is but its still not my name. this stuff is black or white
    3. because i was curious. from a legal perspective i didn't open it/never received it/ it was town in the garbage can:)
    4. because it was hand delivered by a garda and it was intended for me.
    5. nail on head mon amis. as mentioned have it on good authority that this is the correct course of action for me in this instance otherwise the notice might eventually be amended into my name....but this is the crux of my question!
    6. maybe, maybe
    7. again, this is the crux of my query and I have it on good authority that it will be struck out by 90% of judge as they have done time and again in the past, on a technicality...

    ultimately its hard to know what to do here...pay €120 and forget about it....go to court and save myself €120 which seems to be the likely outcome...go to court and suffer an increased fine which seems to be an unlikely outcome.
     
  4. jim

    jim Frequent Poster

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    apparently the judge generally strikes this kind of stuff out as its technically not me even though iv been good enough to go to court on the day and admit I did commit the offense.

    as things stand im inclined to rock up on the day with passport and point to the fact that the summons is not addressed to me and because of that I never received initial FPC.
     
  5. TheBigShort

    TheBigShort Frequent Poster

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    I have re-read your first post. I mistook the spelling to be on the summons instead of FPC.
    Quite possible the summons could be struck out, but then again an inquisitive judge might impose the penalty leaving you to appeal to a higher court.
    Let us know how you get on.
     
  6. noproblem

    noproblem Frequent Poster

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    Why are you going to court at all? As for the judge asking if you committed the offence on the summons, the answer has to be a big NO. You did not commit the offence on that summons because it's not you on the summons. Did you commit a similar offence? That might be true , but might be also true of several people in the courtroom and I doubt the judge is going to find everyone guilty of the guards mistake.
     
  7. Cervelo

    Cervelo Frequent Poster

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    Question, Where did the name on the FPC come from ??
    Were you stopped by a Garda and asked or did the FPC just arrive in the post
     
  8. mathepac

    mathepac Frequent Poster

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    But you said above you received the original fixed penalty notice and had time to query it then. What has changed, theoretically?
     
  9. SparkRite

    SparkRite Frequent Poster

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    Last edited: Aug 31, 2018
    This whole scenario can be pulled asunder over and over here, but no definitive answer will ever be arrived at.

    The OP has a choice either pay the fine and forget about it or take their chance in court, simple as.......

    As I said IT IS DOWN TO THE JUDGE on the day and how he/she feels about mistakes such as this.

    At the end of the day, everybody knows, including the OP, that the FPC(s) and the summons was directed to them and them alone.
     
    Last edited: Aug 31, 2018
  10. cremeegg

    cremeegg Frequent Poster

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    To misquote the great Brendan Behan, They can fine me under the wrong name, they can summons me under the wrong name, they can jail me under the wrong name.

    Seemed to work out better for Behan.
     
  11. jim

    jim Frequent Poster

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    Thanks everyone for your tuppence worth. I dont want to drag this thread out much longer.

    Just to clarify, the name on the FPC and the summons is the same and is not me. A garda obv spoke to me on the day of the offense and had my driving licence. Bonkers that he still got my name wrong.

    Very undecided what to do now....pay fine, go to court and take my chances, dont do anything. Im leaning towards going to court and hope the judge strikes it out....ill be sure to update this after. Its not for 7 weeks though.
     
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  12. Gordon Gekko

    Gordon Gekko Frequent Poster

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    I hate to be the bearer of bad news, but all that happens is that either the OP or the Garda informs the judge that there’s a minor error with the name on the summons/speeding ticket, and then the judge instructs the clerk of the court to amend it and things kick-on.
     
  13. jim

    jim Frequent Poster

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    Sounds plausible Gordon and how it prob should go in fairness but what are you basing this on? Experience or guesswork? I am reliably informed that this “minor error” is in fact significant enough for the judge to strike out the summons.....on the basis that it isnt addressed to me.
     
  14. peemac

    peemac Frequent Poster

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    You're not saying how wrong the name is which suggests it's not hugely different to your name.

    You might get a judge on a good day, you might not.

    A day in court over €80 - especially as you accept it was you.


    I wouldn't take that risk
     
  15. Gordon Gekko

    Gordon Gekko Frequent Poster

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  16. Purple

    Purple Frequent Poster

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    You are guilty of the offence. Have the balls, backbone and integrity to pay the fine without wasting the time of the Court and the Gardai and costing your fellow citizens money.
    It boils down to one thing; have you got any integrity?
    If you then pay the fine.
    If no then carry on with your currently proposed court appearance.
     
  17. noproblem

    noproblem Frequent Poster

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    Your opinion Purple, but life don't work like that Hombre and I wouldn't be too quick to attack the mans character either. Mistakes sometimes work in your favour and when they do it's good. Never look a gift horse in the mouth.
     
    Firehead likes this.
  18. john luc

    john luc Frequent Poster

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    Mr Purple sir you should be careful when you stand up to straighten your back as being so stiff and righteous you might injure yourself :rolleyes:
     
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  19. dereko1969

    dereko1969 Frequent Poster

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    No, purple is right. This is just an example of the kind of thing that leads to drink drivers getting away with stuff and has created a mini-industry for solicitors.
     
  20. T McGibney

    T McGibney Frequent Poster

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    The penalties for moderate drink driving are now so harsh and disproportionate (with automatic lengthy driving bans kicking in at an alcohol limit 37.5% lower than that applying in Northern Ireland and the rest of the UK, with no discernible difference in road accident rates between jurisdiction) that those accused of such offences will hardly be shy in asserting their rights to contest such charges when they are raised against them.

    It's not at all disreputable nor dishonourable for citizens to assert these rights.
     
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