Court summons in wrong name

Ronnie_Rotten

If a court summons is issued in the wrong name (misspelled but not my name) will it wreck the case?

I've been summoned for having no insurance (even though I did and produced it a the station) after my partner was nearly killed in a car accident caused by another driver.

This was last December, the application was made 5 months later (in the wrong name).

GerardKeating

Ronnie_Rotten wrote: »

If a court summons is issued in the wrong name (misspelled but not my name) will it wreck the case?

I've been summoned for having no insurance (even though I did and produced it a the station) after my partner was nearly killed in a car accident caused by another driver.

This was last December, the application was made 5 months later (in the wrong name).

Are we talking about different name "Jones" instead of "Smith" or misspelling "Smyth" instead of "Smith"

If you did actually produce it on time, it might be more productive to follow up on that, rather than piss off officialdom over a typo.

Ronnie_Rotten

It's 'Ronan' instead of 'Rowan'. It seems almost impossible for people to hear the latter because they're so used to hearing the former The surname is correct.

I wasn't exactly planning on being a smart arse and expecting it all to be chucked out, as I assume the Clerk will amnend it at the time.....?

I guess it might add credence to my claim that I produced the documents but they failed to log it. If they can't get a name right on an official document it doesn't install much confidence in their book keeping abilities!

Alkers

Bring proof of insurance to court in the date, preferably a letter stating that you were insured in the date in question. Did you not get a receipt when you produced?

Ronnie_Rotten

No, no receipt. That may have been intentional. There has been a considerable effort to not prosecute the other driver as he's a local and to pin the whole thing on us.

Long story, probably not the place to get into it.

NUTLEY BOY

Ronnie_Rotten wrote: »

No, no receipt. That may have been intentional. There has been a considerable effort to not prosecute the other driver as he's a local and to pin the whole thing on us.

Long story, probably not the place to get into it.

Would it be of help to go back to the station and produce the certificate of insurance a second time and request a receipt on the basis that you did not receive one the first time around ? If so, bring a witness to observe the transaction.

nhunter100

Ronnie_Rotten wrote:

No, no receipt. That may have been intentional. There has been a considerable effort to not prosecute the other driver as he's a local and to pin the whole thing on us.

I would be inclined to consult a solicitor and get proper advice. May cost you but then again a conviction will too.

Ronnie_Rotten

That might help, but since application was made in April I think that ship has sailed.

I'm not sure why the summons is for no insurance when failure to produce might have been more appropriate (assuming they think that's what's happened)

I'm not sure how the garda who attended the scene, was supposed to take photos, make notes etc didn't look in the windscreen and note the valid nct insurance and tax. Or how the Garda who inspected the car at the recovery company didn't see it.

Incidentally, the Garda at the scene who is in charge of the RTA case is the same who filed this summons.

He's also under investigation by the Garda Commissioner regarding his handling of evidence in the RTA case.

Seems a lot of conflict of interest if you ask me, I'm not sure he should really be allowed anywhere near the case or me until the complaint against him is dealt with and complete.

Ronnie_Rotten

That might help, but since application was made in April I think that ship has sailed.

I'm not sure why the summons is for no insurance when failure to produce might have been more appropriate (assuming they think that's what's happened)

I'm not sure how the garda who attended the scene, was supposed to take photos, make notes etc didn't look in the windscreen and note the valid nct insurance and tax. Or how the Garda who inspected the car at the recovery company didn't see it.

Incidentally, the Garda at the scene who is in charge of the RTA case is the same who filed this summons.

He's also under investigation by the Garda Commissioner regarding his handling of evidence in the RTA case.

Seems a lot of conflict of interest if you ask me, I'm not sure he should really be allowed anywhere near the case or me until the complaint against him is dealt with and complete.

godtabh

Probbaly should ask a solicitor. By the way a insurance disk in the wind screen means nothing. Buy insurance online and pay in installments. Cancel after getting your disk. Looks like you have insurance but you dont. Common scam.

...And Justice

Ronnie_Rotten wrote: »

No, no receipt. That may have been intentional. There has been a considerable effort to not prosecute the other driver as he's a local and to pin the whole thing on us.

Long story, probably not the place to get into it.

Same thing happened to me in an RTA.Almost word for word. I went to my solicitor and he recommended a criminal lawyer I was stitched up too, the lawyer came through for me in the end and it was dismissed by the judge, the garda got a right telling off too.

Ronnie_Rotten

Glad it worked out OK for you. I'm pretty sure it will in my case too, as I've done nothing wrong. I've been proactive in trying to get things wrapped up quickly.

As much as I'd enjoy seeing the guy get his ears chewed off in court, I'll be in the UK on the date and have to fly back. It could end up costing me a few hundred quid, which I doubt I'll be reimbursed for.

nuac

Mod
A summons for driving without insurance is a serious matter.

Consult a solicitor practising in the court to which you are summonsed.

Sorry have to close this thread as it is in breach of forum rule re legal advice