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Speeding Fine question

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  • 06-06-2008 9:44pm
    #1
    cassette50
    Registered Users Posts: 464 ✭✭


    Not sure if this is the right forum, if not then please move it to the legal forum.

    Just a quick question, I was caught speeding over the May bank holiday weekend and I just received the notification of the Fixed Charge Offence in the post today.

    They have however spelt my surname incorrectly on the notice, would it possible to avoid this penalty on a technicality or am I still liable?

    Any comments appreciated.


Comments

  • Options
    #2
    SV
    Closed Accounts Posts: 9,534 ✭✭✭SV


    How wrong is it?

    yeah there's a good chance you'll get away with it alright.


  • Options
    #3
    cassette50
    Registered Users Posts: 464 ✭✭cassette50


    It just an extra letter at the the end of my surname, but it completly changes the name

    e.g Cloona but the notice is spelt Cloonan

    My name is obviously spelt correctly on my license and other forms associated with the car so it is an error on their side.


  • Options
    #4
    Esel
    Registered Users Posts: 22,002 ✭✭✭✭Esel


    It's not you then.

    Not your ornery onager



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    #5
    Melion
    Banned (with Prison Access) Posts: 10,259 ✭✭✭✭Melion


    I got done the other day too and my letter arrived this morning but instead of the name having "ion" at the end it has just a "y"


  • Options
    #6
    pred racer
    Registered Users Posts: 4,385 ✭✭✭pred racer


    Guys, Ive been in court alot over the last year (family stuff, dont ask) And any time this has come up the judge (and its been several different ones) has just amended the name there and then and still imposed the penalty. Pay up unless you are going to fight it on some other grounds.


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  • Options
    #7
    Esel
    Registered Users Posts: 22,002 ✭✭✭✭Esel


    pred racer wrote: »
    Guys, Ive been in court alot over the last year (family stuff, dont ask) And any time this has come up the judge (and its been several different ones) has just amended the name there and then and still imposed the penalty. Pay up unless you are going to fight it on some other grounds.
    Did any of these defendants have a solicitor?

    Not your ornery onager



  • Options
    #8
    Yakult
    Moderators, Computer Games Moderators Posts: 7,941 Mod ✭✭✭✭Yakult


    Take the speeding fine. Your were caught fair and square.


  • Options
    #9
    Esel
    Registered Users Posts: 22,002 ✭✭✭✭Esel


    Hi ho Silver! *Insert obligatory masked avenger picture here* :cool:

    Not your ornery onager



  • Options
    #10
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The key document here will be the summons. If that is in the correct name then you will have to go to court. You will then try to say that you never got the fixed penalty notice. If you rely on the wrong name you will be asked why you did not immediately send it back in the post marked "not known at this address". You will be asked if you are the owner of the vehicle and were using it on the day. The notice you did receive was sufficient to alert you to the possibility of prosecution. Most likely you will be convicted.
    If the summons is in the wrong name you can either turn up or send it back saying that no one of that name resides in the house. The result might be personal service by the guards.
    If you turn up the wrong name will not be fatal to the case as all a summons is is a device to secure attendance in court. As you are there, you will be falling back on the wrong name on the notice defence.
    If you do not turn up the case will proceed in your absence. You will be convicted and the guards will eventually come looking fro you with a warrant for your arrest for failure to pay the fine. You can either pay the fine then or go to jail for a night or two and argue the toss with the High Court as to whether you are in lawful detention.


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