FCPN inconsistencies.

Alf Stewart.

Ok.

Received a FCPN in the post yesterday.

Firstly, the Gard has the month and day reversed (I was stopped on 7/11/2016, FCPN says 11/07/2016) a full four months previous.

Now, I have no problem with the offence (holding phone whilst driving) and was actually going to pay the FCNP and be shot of it as I have better things to be doing with my time than attending courts due to technicalities.

However, on closer inspection, the Gard has also added an extra letter to my surname, and in the process, hasn't just mispelt my name, he's given me a brand new surname.

Now, as my name on the license doesn't match the name in the FCPN, they won't accept the payment in the post office.

Wrong name, wrong date (off by four months)

What's the procedure from here?

Thanks.

frozenfrozen

breathalyse the guard

Fred Swanson

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GM228

I'm curious does the judiciary have a preferred date format to use?

In other words does it prefer EN28601 or ISO8601?

Alf Stewart.

GM228 wrote: »

I'm curious does the judiciary have a preferred date format to use?

In other words does it prefer EN28601 or ISO8601?

Well, the fcpn I have here state's every date on it in the d/m/year format, e.g. Issued on 21/11/2016

Must be paid before 19/12/16 if i want to pay €60.

Must be paid on or before 17/01/17 (€90) or go to court.

Yet the offence date is 11/07/16. (I was not even in the country on that date)

Would be pretty hard to argue otherwise. Im more worried about the wrong surname truth be told, I was hoping to just pay this and be shot of it tbh.

BlueLass

My advice-for what its worth, would be let it go to court, as soon as any judge hears that due to a mis spelling of the name payment was refused, then realistically it should be struck out. Additionally, the date is wrong!! Have seen summons struck out for less!

Little CuChulainn

That actually doesn't sound possible. The system shouldn't allow for a fixed charge penalty to be issued if there is not sufficient time for the 56 day period and a summons to be issued after. On the 17th January the summons would be statute barred so could not be issued in absence of payment.

Alf Stewart.

Little CuChulainn wrote: »

That actually doesn't sound possible.

I speak the truth. (Got the date slightly mixed up)

The system shouldn't allow for a fixed charge penalty to be issued if there is not sufficient time for the 56 day period and a summons to be issued after. On the 17th January the summons would be statute barred so could not be issued in absence of payment.

So I should do nothing?

Fred Swanson

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Alf Stewart.

Fred Swanson wrote: »

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I won't even get a summons?

Fred Swanson

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Alf Stewart.

Fred Swanson wrote: »

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Looking at this

In the case of a summary offence (an offence tried in the District Court before a judge without a jury) the Gardaí must make a complaint to the District Court within six months of the offence being committed. These offences include most Road Traffic Offences like speeding, illegal parking and fixed charge notice offences.

Indictable offences

So even at the august date, six months on would take me into Feb. Not jan.

Fred Swanson

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Alf Stewart.

Cheers Fred.

Avatar MIA

Alf Stewart. wrote: »

Yet the offence date is 11/07/16. (I was not even in the country on that date)

That alone, once proved, should get the case dismissed. You may make an enemy for life with the keystone cop.

Also, I'd say that you have tried to pay and couldn't will stand to you.

Personally, something similar happened. I got a summons saying I was stopped on such a date and failed to bring my licence to the garda station.

I went to the guard and told him he never asked me to go to the garda station, but also he got the date of being stopped wrong and I proved it.

He told me he'd look after it and would tell the judge and I'd not need to attend the court hearing.

I didn't go and never heard any more about it. I did wonder if the guard would try and shaft me if I didn't turn up myself... but, all's well that ends well.

Alf Stewart.

Avatar MIA wrote: »

That alone, once proved, should get the case dismissed. You may make an enemy for life with the keystone cop.

Also, I'd say that you have tried to pay and couldn't will stand to you.

Personally, something similar happened. I got a summons saying I was stopped on such a date and failed to bring my licence to the garda station.

I went to the guard and told him he never asked me to go to the garda station, but also he got the date of being stopped wrong and I proved it.

He told me he'd look after it and would tell the judge and I'd not need to attend the court hearing.

I didn't go and never heard any more about it. I did wonder if the guard would try and shaft me if I didn't turn up myself... but, all's well that ends well.

That's my main concern.

Traffic cop from my local(ish) area, plus my vehicle was one I use for work. (Sign written)

I was in UK in July, but my vehicle is tracked (all of them) so could easily prove where the Vehicle with the reg he has recorded was at time and date.

lifeandtimes

Yep do nothing.

Wrong date and you not in the country plus you can say you tried to pay it, the judge will dismiss and go get his lunch.

Next time obey the law and don't be driving with your phone in your hand putting you and everyone on the road at risk and you want need to ask strangers on the net for advice

Little CuChulainn

Alf Stewart. wrote: »

I speak the truth. (Got the date slightly mixed up)




So I should do nothing?

That changes things a little. Unfortunately this may not be the last you hear of it. On 16th January a summons will automatically be applied for. The Garda will receive notice of this. If he checks his own record and notices the discrepancy he can apply for a new fixed charge penalty and strike out the summons. Basically you are relying on him not noticing the discrepency before it is too late for him to issue a new ticket.

If it goes to court it should be easily fought by a solicitor. In general, you can't simply amend the summons from a fixed charge penalty as the accused is legally entitled to 56 days to pay the fixed charge penalty. But then again, judges do have their whims so nothing is guaranteed. I once saw a judge allow a Garda change the registration number on a summons because the accused simply annoyed him. Wasn't even a left leaning TD.

GerardKeating

Alf Stewart. wrote: »

That's my main concern.

Traffic cop from my local(ish) area, plus my vehicle was one I use for work. (Sign written)

I was in UK in July, but my vehicle is tracked (all of them) so could easily prove where the Vehicle with the reg he has recorded was at time and date.

If you are worried about this, contact the Garda is question, say you are a trying to pay, but the issues in the FCPN are preventing you from paying and you do not want to annoy the judge when it comes to court.

Aint Eazy Being Cheezy

GerardKeating wrote: »

If you are worried about this, contact the Garda is question, say you are a trying to pay, but the issues in the FCPN are preventing you from paying and you do not want to annoy the judge when it comes to court.

I've been in your shoes OP, not the date, just the incorrectly spelt surname. I take it the Post Office gave you a receipt stating that they can't take payment? I phoned the Garda, explained the situation, and he told me I could take it as a warning and don't do it again. He cancelled the FCPN.

Kimbot

Alf Stewart. wrote: »

Ok.

Received a FCPN in the post yesterday.

Firstly, the Gard has the month and day reversed (I was stopped on 7/11/2016, FCPN says 11/07/2016) a full four months previous.

Now, I have no problem with the offence (holding phone whilst driving) and was actually going to pay the FCNP and be shot of it as I have better things to be doing with my time than attending courts due to technicalities.

However, on closer inspection, the Gard has also added an extra letter to my surname, and in the process, hasn't just mispelt my name, he's given me a brand new surname.

Now, as my name on the license doesn't match the name in the FCPN, they won't accept the payment in the post office.

Wrong name, wrong date (off by four months)

What's the procedure from here?

Thanks.

I doubt you can argue the date but since your down under im sure that defense will work alf :P

Pat Mustard

Mod:

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