speeding fine

kieran3

Hi folks

i got a fixed notice in the post for speeding.

the surname on the notice is completely wrong.
dont know how as i gave him my license.

Anyway can i just ignore this as it's not me!
The notice doesn't have my Driving license number on it but it does have my car reg.

If I ignore it will the summons come in the post with the incorrect name or will he see his error and correct it!

I rem last year a polish guy got off a fine because the name on the driving license was not his it was 'driving license' in Polish!

Beez Neez

When you say your name is completely wrong what do you mean?

blueythebear

kieran3 wrote: »

Hi folks

i got a fixed notice in the post for speeding.

the surname on the notice is completely wrong.
dont know how as i gave him my license.

Anyway can i just ignore this as it's not me!
The notice doesn't have my Driving license number on it but it does have my car reg.

If I ignore it will the summons come in the post with the incorrect name or will he see his error and correct it!

I rem last year a polish guy got off a fine because the name on the driving license was not his it was 'driving license' in Polish!

This is a bit of a sticky one as if you don't pay the fine and then argue that the name was wrong in court, you get double the penalty points and the judge will give you a heftier fine. It's difficult to say whether the judge will allow the summons to be corrected if the incorrect name is on it. If you want to fight it on the basis of an incorrect name on the summons, you'd need a solicitor realistically and he'll cost you a couple of hundred quid anyway.

Long story short, pay the fixed penalty. At least this way you;ll know the outcome and the matter will be finished without wasting court time.

Hooch

blueythebear wrote: »

It's difficult to say whether the judge will allow the summons to be corrected if the incorrect name is on it. If you want to fight it on the basis of an incorrect name on the summons, you'd need a solicitor realistically and he'll cost you a couple of hundred quid anyway.

In all my years as a member of AGS I have NEVER seen a Judge of the District or Circuit refuse to amend a name, address or location on a summons.

PCPhoto

blueythebear wrote: »

This is a bit of a sticky one as if you don't pay the fine and then argue that the name was wrong in court, you get double the penalty points and the judge will give you a heftier fine. It's difficult to say whether the judge will allow the summons to be corrected if the incorrect name is on it. If you want to fight it on the basis of an incorrect name on the summons, you'd need a solicitor realistically and he'll cost you a couple of hundred quid anyway.

Long story short, pay the fixed penalty. At least this way you;ll know the outcome and the matter will be finished without wasting court time.

when is the last time you hired a solicitor ? and what for ..... most of them are quite affordable (no... I'm not a solicitor... I'm a photographer)

jhegarty

Are we talking about Smtih instead of Smith, or Jones instead of Smith ?

blueythebear

PCPhoto wrote: »

when is the last time you hired a solicitor ? and what for ..... most of them are quite affordable (no... I'm not a solicitor... I'm a photographer)

Last year, I looked at a few quotes from well known Dublin criminal firms. Scenario was that a person forgot to pay their fixed penalty for speeding and couldn't attend court as they were out of the country. Somebody had to attend and just put in a guilty plea and apologise to the court for their absence! The average quote I got was between 300 and 500 (out of 4 firms).

blueythebear

nice guy always wrote: »

In all my years as a member of AGS I have NEVER seen a Judge of the District or Circuit refuse to amend a name, address or location on a summons.

He did say that the name was totally different to his own so there could be an argument to be made there. However, I doubt that there would be any problem with changing the summons in this case, given the fact that the OP was stopped by an individual Garda, the correct license plate was given and address and finally, the fact that the OP will have responded to the summons by turning up to court would suggest htat the summons was not fatally defective!

lawrose

Long story short, pay the fixed penalty. At least this way you;ll know the outcome and the matter will be finished without wasting court time

+1

The District Court judge will almost definitely allow the Garda to change the name on the summons, once issued. The fact that you received the Fixed Penalty Notice, and it has your car reg number on it, will go against any claim by you about the incorrect surname.

Don't forget, if you're paying the fine, to pay it within the strict time limits - it doubles once you go outside the first limit and once you go past the second time limit, there will be a summons coming out to you.

I wonder will there be an issue though with registering the 2 penalty points against your licence? Seeing as they have the wrong surname and all, this will cause confusion once you send off the form filled out.

1nk3d4L1f3

Pay the fine, take the points. Cheaper than a day in court with a sol and a day off work. And go to http://www.irishspeedtraps.com/

kieran3

My Question was will the summons come with the incorrect name on it?

I have been advised by two solicitors to ignore the fine and if the summons comes with the incorrect name then send it back, 'Not Known at this address'

they say that if it comes with my correct name then u go to court and say u didn't receive the fixed notice. the garda will have to produce the notice he sent and it will have the incorrect name on it.

lulu26

kieran3 wrote: »

Hi folks

i got a fixed notice in the post for speeding.

the surname on the notice is completely wrong.
dont know how as i gave him my license.

Anyway can i just ignore this as it's not me!
The notice doesn't have my Driving license number on it but it does have my car reg.

If I ignore it will the summons come in the post with the incorrect name or will he see his error and correct it!

I rem last year a polish guy got off a fine because the name on the driving license was not his it was 'driving license' in Polish!

Did you find out what to do?
I got a ticket for using a bus lane, was completely uncalled for as only used it for one car length as the traffic going straight was blocking me from getting into the left hand lane to turn left, two other cars were stopped aswell. when the ticket came it had the wrong first name on it completely e.g. paul instead of patrick. so i ignored it on the advice from friends. A garda came to the house this morning with a summons, woke up my brother and gave it to him, asked him did that person live there, he z no but this person does and the garda z ah it must be her so, all the same details were still wrong. not sure what to do now??

MagicSean

If you ignore the fine and get a summons to court its a 50/50 chance to get off depending on the judge. I'm surprised that two solicitors advised you to ignore the fine tbh, especially if the registration number is correct. Just so you know. The garda can reissue the original fine if he finds out about the mistake on the first one. Just out of curiosity, is the right name on your vehicle registration cert?

MagicSean

lulu26 wrote: »

Did you find out what to do?
I got a ticket for using a bus lane, was completely uncalled for as only used it for one car length as the traffic going straight was blocking me from getting into the left hand lane to turn left, two other cars were stopped aswell. when the ticket came it had the wrong first name on it completely e.g. paul instead of patrick. so i ignored it on the advice from friends. A garda came to the house this morning with a summons, woke up my brother and gave it to him, asked him did that person live there, he z no but this person does and the garda z ah it must be her so, all the same details were still wrong. not sure what to do now??

Well unfortunately your summons has been served in person by a garda. If it had come in the post it would be different. The garda can ammend the name on the summons in court. Again depending on the judge you might get off or get screwed. I've seen judges throw these cases out but I've also seen them going hard on the person because they tried to avoid the fine even though they knew it was for them.

lulu26

im tinking if i just went to the garda station and tell them the details were wrong but i will pay the original fine would i still have to go to court, its not worth the hassle. i hav no penalty points and the fine came with no penalty points, was just annoyed at the time that they actually stopped me for something so trivial.

MagicSean

lulu26 wrote: »

im tinking if i just went to the garda station and tell them the details were wrong but i will pay the original fine would i still have to go to court, its not worth the hassle. i hav no penalty points and the fine came with no penalty points, was just annoyed at the time that they actually stopped me for something so trivial.

If you talk to the garda he can probably reissue the orignal fine and strike out the summons in court. This will probably suit him too. Although I think this has to be done within six months of the offence.

eagle_&_bear

The fact you received the notice puts you on notice (excuse the pun). The DJ will allow the amendment - the fact you go to court will rectify the error on the summons - thats how its dealt with.

you'll be hit with higher points if you go to court.

its much cheaper and easier to just pay the 60euro and reduced points.

but upto you.

Our man in Havana

If you are a gambler you could simply ignore all correspondance and allow the DC to convict in your absence and then appeal the conviction to the circuit. That is what those 2 solicitors were advising me thinks.

lulu26

i tink ill just try pay it, i was hoping it would be struck out for the 2 big mistakes that they made, but if its just gonna be ammended and reissued there is no point really ill be just back to square one!!

MagicSean

lulu26 wrote: »

i tink ill just try pay it, i was hoping it would be struck out for the 2 big mistakes that they made, but if its just gonna be ammended and reissued there is no point really ill be just back to square one!!

You can't pay the fine once its gone past the 56 days.

Our man in Havana

Unless they re-issue it when the mistake is pointed out.

lulu26

thats what im hoping for that they will reissue the original withthe mistakes ammended, cant see them wanting to take the chance in court either with the mistakes they made either.

Victor

kieran3 wrote: »

My Question was will the summons come with the incorrect name on it?

I have been advised by two solicitors to ignore the fine and if the summons comes with the incorrect name then send it back, 'Not Known at this address'

they say that if it comes with my correct name then u go to court and say u didn't receive the fixed notice. the garda will have to produce the notice he sent and it will have the incorrect name on it.

And you can then be done for theft of post.