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Fixed Charge Offence issued in error

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  • 03-12-2018 3:34pm
    #1
    Registered Users Posts: 18


    Hi,

    I really need some advice.

    I got a fixed charge offence in the post this morning. It states "failing to display a current vehicle licence-use (non Display of a tax disc)". It was issued for a date in September, in Galway. The time was 18:30.

    I have never driven in Galway. Also, on the date and time in question, I was at my GP, who then sent me into A&E.

    There must have been a mistake somewhere. I've contacted my GP, who has agreed to supply a letter stating that I was attending their services at that time. I rang the number given on the notice, they told me to speak to the garda who issued the notice, but he won't be around until the evening.

    I'm not sure what to expect. Neither do I know what I should do next.

    Do i pay the charge, and expect a refund when everything is sorted?

    Or pay nothing as I've done nothing wrong?
    Any help or tips (in line with boards.ie rules) would be much appreciated.


«1

Comments

  • Closed Accounts Posts: 907 ✭✭✭Under His Eye


    Fire off a letter to Galway CC explaining your vehicle was elsewhere and ask them to check their records.

    Await their response either cancelling the ticket or refusing the appeal.

    I wouldn't pay as paying is accepting guilt and the matter is then closed.


  • Registered Users Posts: 40,153 ✭✭✭✭ohnonotgmail


    Can you not ask them for a copy of the photo they took of the vehicle? they may have just transcribed the reg no incorrectly


  • Registered Users Posts: 201 ✭✭Dayo93


    Contact Garda that issued the notice, Had the same for a parking ticket in Bray , Turned out he had taken down the reg wrong


  • Registered Users Posts: 1,296 ✭✭✭CPTM


    Definitely contact the garda in question. It could be somebody with fake plates on their car.


  • Registered Users Posts: 18 AlBren


    Thanks guys!

    I will hopefully be speaking to the garda who issued the ticket this evening. I'll ask if he has a picture of the vehicle. I'm guessing the reg number must have been wrong.

    I've also emailed the motor tax office, they'll send confirmation that my car was taxed at the time.

    My hope is that when I get to speak to the gard, he'll decide to cancel the ticket this evening.

    If not, I'm not sure where to go.

    I will have the letter from my GP on Wednesday, explaining that at that time, I was with them.


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  • Registered Users Posts: 36,164 ✭✭✭✭ED E


    Other posters have stated that upon entry into pulse the make/model is confirmed against the reg. If the member wrote down 11D1234 instead of 11D1235 then the chances of getting the same model in the same colour aren't that high.

    A cloned plate on the other hands would intentionally match your car. Be prepared for more of these.


  • Registered Users Posts: 81,181 ✭✭✭✭Atlantic Dawn
    M


    Dayo93 wrote: »
    Contact Garda that issued the notice, Had the same for a parking ticket in Bray , Turned out he had taken down the reg wrong


    How does that happen surely seeing as they are submitting the notice with zero photo to back them up the minimum they would be required to do is actually submit the make and model of the car so this keystone cop error can't happen and you be accused completely wrong? Or would that sound too much like sense?

    Mod
    We have Gárdaí here rather than "keystones"


  • Registered Users Posts: 18 AlBren


    I just talked to the garda on the phone.

    There was a typographical error with a similar number plate being noted as mine.

    He does not have the authority to cancel the notice himself, so I have to fill in a form and send it off. So I'm relieved that was sorted today.

    Thanks for the help!


  • Registered Users Posts: 81,181 ✭✭✭✭Atlantic Dawn
    M


    AlBren wrote: »
    I just talked to the garda on the phone.

    There was a typographical error with a similar number plate being noted as mine.

    He does not have the authority to cancel the notice himself, so I have to fill in a form and send it off. So I'm relieved that was sorted today.

    Thanks for the help!


    What a pure joke of a system.


  • Registered Users Posts: 6,811 ✭✭✭Alkers


    What a pure joke of a system.


    Well given recent headlines, it doesn't seem a bad idea...


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  • Registered Users Posts: 81,181 ✭✭✭✭Atlantic Dawn
    M


    Simona1986 wrote: »
    Well given recent headlines, it doesn't seem a bad idea...

    If a simple idea like make and model had to be submitted with the correct plate for the notice to be valid the error couldn't happen, how hard would that be to implement?

    Why should an innocent member of the public have to correct complete incompetence.


  • Registered Users Posts: 78,248 ✭✭✭✭Victor


    AlBren wrote: »
    Also, on the date and time in question, I was at my GP, who then sent me into A&E.

    There must have been a mistake somewhere. I've contacted my GP, who has agreed to supply a letter stating that I was attending their services at that time.
    Presumably, all the GP could do is say you were attending their services at that time, not that your car was with your.


  • Registered Users Posts: 18 AlBren


    Victor wrote: »
    Presumably, all the GP could do is say you were attending their services at that time, not that your car was with your.


    The idea behind the letter was simply to show that there was no way I could have been anywhere near Galway at that time.


  • Registered Users Posts: 78,248 ✭✭✭✭Victor


    AlBren wrote: »
    The idea behind the letter was simply to show that there was no way I could have been anywhere near Galway at that time.
    Sure, I understand that.

    However, many offences apply to both the driver and the registered keeper of the vehicle.


  • Registered Users Posts: 18 AlBren


    Victor wrote: »
    Sure, I understand that.

    However, many offences apply to both the driver and the registered keeper of the vehicle.


    It didn't come to needing it though, so that's a relief. Even though I drove that car to the GP.....


  • Registered Users Posts: 8,925 ✭✭✭GM228


    If a simple idea like make and model had to be submitted with the correct plate for the notice to be valid the error couldn't happen, how hard would that be to implement?

    Why should an innocent member of the public have to correct complete incompetence.

    Make, model and colour already has to be submitted, these are checked against the details on the NVDF.

    These details must be recorded and they are checked, if they are missing or not matching the NVDF details then the FCPN is not issued until clarification is sought from the issuing member.


  • Registered Users Posts: 40,153 ✭✭✭✭ohnonotgmail


    AlBren wrote: »
    I just talked to the garda on the phone.

    There was a typographical error with a similar number plate being noted as mine.

    He does not have the authority to cancel the notice himself, so I have to fill in a form and send it off. So I'm relieved that was sorted today.

    Thanks for the help!
    GM228 wrote: »
    Make, model and colour already has to be submitted, these are checked against the details on the NVDF.

    These details must be recorded and they are checked, if they are missing or not matching the NVDF details then the FCPN is not issued until clarification is sought from the issuing member.


    it seems the system doesnt work as well as it should.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    it seems the system doesnt work as well as it should.

    A "topographical error" could mean anything and does not show the system does not work.

    In fact the very fact those details are taken could be what made the Guard realise it's an error - the details could have been taken and checked correctly, but, somehow the wrong registration was used for FCPN issue for example.


  • Registered Users Posts: 40,153 ✭✭✭✭ohnonotgmail


    GM228 wrote: »
    A "topographical error" could mean anything and does not show the system does not work.

    In fact the very fact those details are taken could be what made the Guard realise it's an error - the details could have been taken and checked correctly, but, somehow the wrong registration was used for FCPN issue for example.


    that would suggest that the details are entered again to create the FCPN which doesnt seem like a brilliant system. The details have already been entered and checked so why not use the details that have been entered?


  • Registered Users Posts: 8,925 ✭✭✭GM228


    that would suggest that the details are entered again to create the FCPN which doesnt seem like a brilliant system. The details have already been entered and checked so why not use the details that have been entered?

    When a FCPN notice is issued the details are first checked by the Fixed Charge Processing Office against the NVDF. Once checked a private company actually print the FCPN, they are sent just a registration, name and address, it is possible at this stage that an error can occur.

    If something is wrong or missing the issuing member must clarify the details, if still wrong or they didn't take the details in the first place then a FCPN will not issue.


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  • Hosted Moderators Posts: 7,484 ✭✭✭Red Alert


    AlBren wrote: »
    He does not have the authority to cancel the notice himself,

    We have our "esteemed" journalists and self-righteous politicians to thank for that state of affairs.


  • Registered Users Posts: 81,181 ✭✭✭✭Atlantic Dawn
    M


    GM228 wrote: »
    Make, model and colour already has to be submitted, these are checked against the details on the NVDF.

    These details must be recorded and they are checked, if they are missing or not matching the NVDF details then the FCPN is not issued until clarification is sought from the issuing member.

    Then how did OP get ticket?


  • Registered Users Posts: 1,373 ✭✭✭ezra_


    Then how did OP get ticket?

    Transcription error after that check?


  • Registered Users Posts: 1,143 ✭✭✭Auguste Comte


    Red Alert wrote: »
    AlBren wrote: »
    He does not have the authority to cancel the notice himself,

    We have our "esteemed" journalists and self-righteous politicians to thank for that state of affairs.

    Or corrupt self serving members of AGS abusing the system that did allow for it.

    But blame the messenger.


  • Registered Users Posts: 40,153 ✭✭✭✭ohnonotgmail


    ezra_ wrote: »
    Transcription error after that check?


    why would there be manual transcription after the check? if there is manual transcription after the check then the system is a little bit sh*t.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Then how did OP get ticket?
    The details matched.

    Cars are frequently registered in batches by dealers.

    So if you an I buy a new black VW Golf from the same dealer, there's a good chance yours will have reg 182-D-1234 and mine might have 182-D-1243. He bought 20 black Golfs, and registered them all at the same time.

    Fast-forward five years, I'm in Galway and I have no tax. I park my car and the Garda spots it, takes down the details, but writes down 182-D-1234 instead of 43.

    Details get checked - black VW Golf, yep - fine gets issued.

    The only way to fix this is to provide Gardai with handheld devices for issuing FCPNs, which include APNR in them, so there can be no typos or transposition errors.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    Then how did OP get ticket?

    As I said there is a third party who actually print and issue the FCPN, the Processing office don't actually print or issue them, there is always a possibility for a mix up when your swapping details.


  • Registered Users Posts: 40,153 ✭✭✭✭ohnonotgmail


    GM228 wrote: »
    As I said there is a third party who actually print and issue the FCPN, the Processing office don't actually print or issue them, there is always a possibility for a mix up when your swapping details.


    Only if that swapping of details involves manual transcription.


  • Registered Users Posts: 3,430 ✭✭✭RustyNut


    seamus wrote: »

    The only way to fix this is to provide Gardai with handheld devices for issuing FCPNs, which include APNR in them, so there can be no typos or transposition errors.

    Or allow claims to be taken for negligent prosecution.


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  • Registered Users Posts: 8,925 ✭✭✭GM228


    seamus wrote: »
    The details matched.

    Cars are frequently registered in batches by dealers.

    So if you an I buy a new black VW Golf from the same dealer, there's a good chance yours will have reg 182-D-1234 and mine might have 182-D-1243. He bought 20 black Golfs, and registered them all at the same time.

    Fast-forward five years, I'm in Galway and I have no tax. I park my car and the Garda spots it, takes down the details, but writes down 182-D-1234 instead of 43.

    Details get checked - black VW Golf, yep - fine gets issued.

    The only way to fix this is to provide Gardai with handheld devices for issuing FCPNs, which include APNR in them, so there can be no typos or transposition errors.

    Dealers register cars when they sell them, not when they acquired them. The chances of 20 identical cars with 20 sequential plates is next to impossible.


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