name on a summons

casey1970

if for example your name was mc loughlin but the name on your summons was mc laughlin does this make any difference?

Hobart

casey1970 wrote: »

if for example your name was mc loughlin but the name on your summons was mc laughlin does this make any difference?

Does it make any difference? Do you mean that the charge(s) might be struck out? I would doubt it, although it depends on the charge/Judge involved.

I have seen incidents where this is brought to the attention of the prosecutor, an application is made there and then for a name change on the summons and granted, assuming you/your representative does not object. If you do object, you must state why.

Again, this is not specific to your circumstances, just what I have observed happen in the past.

nuac

minor variation in name unlikely to afford a defence. Court has power to amend.

johnnyskeleton

Also an apperance will cure most minor defects in a summons.

villager

above post is spot on the prosecuting garda can request an amendment to summons for something minor like name, registration number etc.

scubydu

johnnyskeleton wrote: »

Also an apperance will cure most minor defects in a summons.

johnny - i have received a defective summons- my wife signed for it in post office- my surname is spelled wrong - my thinking is not to turn up in court as i'm not the person on summons- could it be as simple as that?
scubydu

schemingbohemia

Surely the fact that your wife accepted it as being you when signing for it would indicate that the right person accepted the summons even though the spelling is wrong.

Sure come back for more info once the bench warrant has issued!

NoQuarter

District Judges can and do amend summons'. You need to appear.

scubydu

NoQuarter wrote: »

District Judges can and do amend summons'. You need to appear.

suppose i do appear under wrong name and i get points on licence, how can they put points on my licence if my licence has different name?(i wont be telling them)

scubydu

schemingbohemia wrote: »

Surely the fact that your wife accepted it as being you when signing for it would indicate that the right person accepted the summons even though the spelling is wrong.

Sure come back for more info once the bench warrant has issued!

Schemingbohemia- heres what actually happened,
didnt get fixed penalty notice, now have a summons- summons served by registered post - ("somebody" gave consent to my wife to pick it up by forging my name on the post office docket.I can prove i didnt sign the docket as i was in the UK at the time- so could i deny i ever got the summons?

blueythebear

scubydu wrote: »

Schemingbohemia- heres what actually happened,
didnt get fixed penalty notice, now have a summons- summons served by registered post - ("somebody" gave consent to my wife to pick it up by forging my name on the post office docket.I can prove i didnt sign the docket as i was in the UK at the time- so could i deny i ever got the summons?

You need to accept that you have been adequately served with the summons. You now have to turn up to court. The summons will be amended on the day and you will receive the appropriate penalty, which may be increased if you try arguing these issues.

If you really feel that you wish to argue the point, you will be well served to get a solicitor, which will cost a few hundred quid for the morning. Possibly not worth it for the fine you'll receive but this is dependent on the offence you're charged with.

Delancey

I do find these ' clutching at straws ' threads most entertaining........... the letter '' i '' is in my name but on the summons there is no dot over the letter , does this get me off the hook ? :rolleyes:

Delancey

scubydu wrote: »

Schemingbohemia- heres what actually happened,
didnt get fixed penalty notice, now have a summons- summons served by registered post - ("somebody" gave consent to my wife to pick it up by forging my name on the post office docket.I can prove i didnt sign the docket as i was in the UK at the time- so could i deny i ever got the summons?

You have received the summons - correct ? In that case to deny its receipt is to commit perjury ....tut tut.

BornToKill

Delancey wrote: »

I do find these ' clutching at straws ' threads most entertaining........... the letter '' i '' is in my name but on the summons there is no dot over the letter , does this get me off the hook ? :rolleyes:

That depends entirely on whether the summon was addressed to a legal fiction in CAPITAL letters. In that case, there is obviously no requirement to dot the 'i'. Otherwise it is essential that it be dotted.

Did you commit the offence that lead to the fixed penalty notice?

If yes then appear and stop trying to weasel your way out of it.

Also you can't ask for specific legal advice on this forum.

nuac

Delancey wrote: »

I do find these ' clutching at straws ' threads most entertaining........... the letter '' i '' is in my name but on the summons there is no dot over the letter , does this get me off the hook ? :rolleyes:

Never thought of that one Delancey. You would need to meet a very patient DJ. Hope the Freemen don't hear of that one