Fixed penalty charge - wrong name

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

  1. jim

    jim Frequent Poster

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    Lads i drove in a bus lane (far from drink driving) and tbh it was harsh but im not debating that here.

    To reiterate, My only quandry here is whether or not the summons and original fixed penalty are void due to my name not being correct on it. And not just slightly mispelled its a different name.

    Im still unsure what to do. Iv tried phoning the garda in question, left a msg, but he hasnt yet come back to me.
     
  2. john luc

    john luc Frequent Poster

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    challenge it as it is not in your name
     
  3. noproblem

    noproblem Frequent Poster

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    At this stage you've got every type of advice available on which to make up your mind. Do that and come back and tell us when the case is kicked to touch before we all start giving out to each other.
     
    rob oyle likes this.
  4. jim

    jim Frequent Poster

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    After a month of trying to track down and chase the garda that issued the charge/summons. I finally got an enail response from them this morning.


    "It seems there is an error in the summons. The case will be struck out and not re-entered. You need not attend as you are not the person named in the summons"


    Mission accomplished.
     
    Firehead likes this.
  5. Cervelo

    Cervelo Frequent Poster

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    Wow, well done Jim I didn't think it would be that easy to get it struck out
    On a side note the other day I got stopped for speeding, first time in over 20 years doing 80 mph in a 55 zone luckily for me I'm in America at the moment and the state trooper only gave me a yellow written warning, no fine no lecture just "Enjoy the rest of your trip".
     
  6. noproblem

    noproblem Frequent Poster

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    As I thought. There was never going to be any other outcome.
     
  7. jim

    jim Frequent Poster

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    Last edited: 15 Oct 2018
    lessons learned:

    1. It was difficult to get in touch with and get a response from the issuing Garda.
    2. Any Garda I did speak to, in trying to reach the issuing Garda, was difficult to communicate with!
    3. if there is a material error on the summons or FCN then its will be struck out. Contact the issuing Garda rather than going to court and they will effectively strike it out at that stage.
    4. I acknowledge that I got lucky - I committed the offence but Garda incompetence got me off.
     
    Last edited: 15 Oct 2018
  8. DirectDevil

    DirectDevil Frequent Poster

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    Last edited: 17 Oct 2018
    Put down that Champagne bottle ! There is one potential wrinkle.

    What has been cited to you is strictly technically correct in legal speak and Garda speak.

    However, if there is time to issue another summons against you - with all particulars correctly stated - you are still at risk of getting one.

    The core point is the date of the alleged offence.
    From the date of the alleged offence there is a six months time limit for summary cases like this.
    The six months period starts from the date of the alleged offence.
    It is the period within which a Garda must apply to the summons office for a summons.
    Once that time limit has been complied with you can be served even after six months from date of alleged offence.

    P.S. I don't know the time limit within which they are obliged to send the FCN. If they are out of time on that you will probably be alright.
     
    Last edited: 17 Oct 2018
  9. noproblem

    noproblem Frequent Poster

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    Why don't you read the email response he got back from the Gardaí and I don't remember him saying anything about a champagne celebration either?

    "The case will be struck out and not re-entered".
     
  10. DirectDevil

    DirectDevil Frequent Poster

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    Careful now. I did read it.

    The summons will be struck out and not re-entered.
    That means that the summons issued against the entity shown on it will be struck out.
    That entity is not the OP.
    Therefore, there is currently no case against the OP to be struck out.

    OP correctly told he does not need to come to court either as he is not the person named in the summons.

    My only point is that if the Gardaí are still within the time to do so they could yet issue a FCN against OP in his correct name.
    Obviously, if that time limit has expired OP can open the metaphorical bottle :cool:
     
  11. noproblem

    noproblem Frequent Poster

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    Good lad, you're learning.
     
  12. DirectDevil

    DirectDevil Frequent Poster

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    In what specific sense ? I said nothing essentially new in post #50 :confused: