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Where do i stand?

  • 27-07-2009 5:32pm
    #1
    Drunkmonkey79
    Closed Accounts Posts: 345 ✭✭


    I was stopped for speeding a few weeks ago, handed over my licence at the side of the road. Was told by the guard that i was getting an €80 fine and 2 points. I recieved a letter today with the fixed penalty and they have the wrong christian name on it, they have my surname and address right but not my first name. Where do i stand on this now, can it be quashed? Legally where do i stand??


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Send it back and tell them there nobody of that name at your address.


  • #3
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Assuming the name on the penalty point's is different to the one on your license and VLC, you could go to court and question the garda's evidence. If they couldn't write the name correctly off your license, then there's reasonable doubt to the rest of their evidence......


  • #4
    tommone
    Registered Users, Registered Users 2 Posts: 12 ✭tommone


    Same thing happened to me recently and the guard got both my christian name and surname wrong but my car details were on the notice . I guess if informed about the mistake they will simply check who owns the car and send another notice.


  • #5
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    Drunkmonkey79 wrote: »
    I was stopped for speeding a few weeks ago, handed over my licence at the side of the road. Was told by the guard that i was getting an €80 fine and 2 points. I recieved a letter today with the fixed penalty and they have the wrong christian name on it, they have my surname and address right but not my first name. Where do i stand on this now, can it be quashed? Legally where do i stand??


    Its a common mistake made by the FCPS office. Names are mixed up all over.
    So person decides not to pay the fcps, summons issued, person turns up in court and the Garda amends summons in court, gives his evidence and hey presdo......you are convicted. 4 points and normal court fine is €250.


  • #6
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    The key is not to show up at the district court and allow it to convict. When you become aware of the conviction, then appeal it to the circuit court.


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  • #7
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    Bond-007 wrote: »
    The key is not to show up at the district court and allow it to convict. When you become aware of the conviction, then appeal it to the circuit court.

    First off im fairly certain they can't amend the summons, the copy they give you must match all the other copies of it!! And it is better to let it go to court with the wrong name than go tell them if you do and especially if it is before they send the summons they will make the changes, if you already receive the summons there is nothing they can do .... and im fairly certain all the details have to match

    Thats not @bond btw i just clicked quote by accident


  • #8
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Sadly you are wrong.

    Appearance in court cures defects in the summons.


  • #9
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    wrong about? not being cheeky just want to know


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


    Wrong about the fact that the summons can't be amended. A summons is not evidence of the facts stated on it. It is simply a device to procure the attendance in court of the accused person.Once a person is in court unless on a conditional appearance any faults in the summons are irrelevant.


  • #11
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    Jo King wrote: »
    Wrong about the fact that the summons can't be amended. A summons is not evidence of the facts stated on it. It is simply a device to procure the attendance in court of the accused person.Once a person is in court unless on a conditional appearance any faults in the summons are irrelevant.

    but i didnt say go to court obviously if you turn upto court and they have given you the wrong summons you are saying that even with the error you know its you they mean, im saying that the summons you have must match theirs as in the guard can't be in the station making changes to it when your at home with a different one after they have sent it out before you turn up to court and the only reason i thought that was because somewhere i worked before part of the work was to send out summons' and if they were to go to court and get it them done up and signed and then they sent them out and the person sent it back (saying nobody at this address with that name) the box the post man ticks on the registered letter and it came to light in the place where i worked that it was an error in names they would have to get the summons done up all over again because they have to be correct and matching and we couldnt simply cross out the first name and change it and then hand that to those going in to court on behalf of the company i worked for it wouldn't stand


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