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Speeding fine

  • 25-02-2020 7:28pm
    #1
    Registered Users, Registered Users 2 Posts: 25


    If you got caught speeding in a company van with only a picture of the ref and that the fine has your name spelt incorrectly do you still have to pay it or is their a way around without paying it??? Speed was 109km in a 100km zone.


Comments

  • Closed Accounts Posts: 1,148 ✭✭✭Salary Negotiator


    No, you’ll have to pay it.


  • Registered Users, Registered Users 2 Posts: 5,323 ✭✭✭mikeecho


    There is a way around paying it.

    Just ignore it.

    Eventually you'll get a summons for court.

    Ignore that as well.

    Eventually the Gardai will arrive at your door with a warrant for your arrest.

    Simples.


  • Registered Users, Registered Users 2 Posts: 51,479 ✭✭✭✭bazz26


    That loophole has been closed. They can amend the summons with the correct name if it goes to court afaik.


  • Registered Users, Registered Users 2 Posts: 19,928 ✭✭✭✭Bass Reeves


    Unless the spelling is correct it is invalid. If a summons arrives incorrectly spelled it is invalid. It can however be issued again with correct spelling. It is obvious that somewhere from your name being given by your employer to the issue of the speeding fine an incorrect spelling happened.

    However if you gave the spelling you are still libel

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 1,512 ✭✭✭NewClareman


    Steelo90 wrote: »
    If you got caught speeding in a company van with only a picture of the ref and that the fine has your name spelt incorrectly do you still have to pay it or is their a way around without paying it??? Speed was 109km in a 100km zone.

    The speeding ticket will be sent to the company, via the leasing company if the vehicle is leased. Many companies take a dim view of speeding as it is considered a health and safety issue. My advice would be to pay it as soon as you get the ticket, to avoid drawing further attention to yourself.


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  • Registered Users, Registered Users 2 Posts: 25 Steelo90


    The speeding ticket will be sent to the company, via the leasing company if the vehicle is leased. Many companies take a dim view of speeding as it is considered a health and safety issue. My advice would be to pay it as soon as you get the ticket, to avoid drawing further attention to yourself.

    The company owns the van but it’s only a picture of the ref so no evidence it was me driving that day as all the employees drive different vans


  • Registered Users, Registered Users 2 Posts: 2,824 ✭✭✭Silent Running


    They only send you the picture of the reg... they will have a picture of the whole car, including the driver, I would suspect.


  • Registered Users, Registered Users 2 Posts: 638 ✭✭✭gary550


    Steelo90 wrote: »
    If you got caught speeding in a company van with only a picture of the ref and that the fine has your name spelt incorrectly do you still have to pay it or is their a way around without paying it??? Speed was 109km in a 100km zone.

    You`ll probably have to pay it.

    Just out of curiosity does anyone know if there is a percentage buffer that they allow you to be over the speed limit by like say 4 - 5% to account for either a slight inaccuracy in a cars speedometer or a slight miscalibration in the speed camera?


  • Registered Users, Registered Users 2 Posts: 4,252 ✭✭✭mgbgt1978


    They only send you the picture of the reg... they will have a picture of the whole car, including the driver, I would suspect.


    Assuming he was driving towards the GoSafe Camera ;).


    Anyway I'd be fairly confident his company knows who was driving what van (and where) on a given day. And I can't imagine the Company Secretary is going to take the hit for this....which they will have to if they cannot produce a 'victim'.


  • Registered Users, Registered Users 2 Posts: 991 ✭✭✭TuringBot47


    Steelo90 wrote: »
    ... is their a way around without paying it??? Speed was 109km in a 100km zone.


    Yes, argue that the earth itself is rotating at 1,000kph around the equator.


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  • Registered Users, Registered Users 2 Posts: 38,244 ✭✭✭✭Guy:Incognito


    Yes, argue that the earth itself is rotating at 1,000kph around the equator.

    So they amend the ticket to 1,109 in a 100 zone?


  • Registered Users, Registered Users 2 Posts: 5,162 ✭✭✭Rubberchikken


    If you can speed then suck up the punishment and be a man or woman or whatever just stop trying to wriggle out of it.


  • Registered Users, Registered Users 2 Posts: 4,626 ✭✭✭An Ri rua


    Unless the spelling is correct it is invalid. If a summons arrives incorrectly spelled it is invalid. It can however be issued again with correct spelling. It is obvious that somewhere from your name being given by your employer to the issue of the speeding fine an incorrect spelling happened.

    However if you gave the spelling you are still libel

    This is incorrect.

    If you take a case to the WRC or Employment Appeals Tribunal, a misspelled entity makes it invalid. But a misspelled summons, no. Judges have ruled on that already. Google it.

    I had a similar situation. The fine office in Thurles wouldn't accept payment over the phone as they said the names didn't match. She accepted that the Garda wrote my name down and didn't take it from my licence. Clearly! But she also accepted that I'd end up in court as she had no way to process this. I advised that when it got to court, the judge would dismiss my claims and throw the book at me. It's been done before, in this exact circumstance.

    I rang the Garda and he was very fair about it all. He advised me to pay it over the counter in a post office and then let Thurles or whoever go and sh1te. I went in around closing, the woman at the till said she'd been caught holding s phone too, she took the payment, stamped a few bits and in the rush of things didn't cop it. Who would? Unless sat in front of a screen and the caller innocently queries it.

    So, bottom line, pay the fine or you will end up in court and lose.


  • Registered Users, Registered Users 2 Posts: 4,626 ✭✭✭An Ri rua


    If you can speed then suck up the punishment and be a man or woman or whatever just stop trying to wriggle out of it.

    I accept that principle when its someone doing big speed. Man up etc.
    But if you've read 109kmh in a 100 and you're standing by that, I think you're doing the OP a disservice.


  • Registered Users, Registered Users 2 Posts: 1,829 ✭✭✭tcawley29


    An Ri rua wrote: »
    This is incorrect.

    If you take a case to the WRC or Employment Appeals Tribunal, a misspelled entity makes it invalid. But a misspelled summons, no. Judges have ruled on that already. Google it.

    I had a similar situation. The fine office in Thurles wouldn't accept payment over the phone as they said the names didn't match. She accepted that the Garda wrote my name down and didn't take it from my licence. Clearly! But she also accepted that I'd end up in court as she had no way to process this. I advised that when it got to court, the judge would dismiss my claims and throw the book at me. It's been done before, in this exact circumstance.

    I rang the Garda and he was very fair about it all. He advised me to pay it over the counter in a post office and then let Thurles or whoever go and sh1te. I went in around closing, the woman at the till said she'd been caught holding s phone too, she took the payment, stamped a few bits and in the rush of things didn't cop it. Who would? Unless sat in front of a screen and the caller innocently queries it.

    So, bottom line, pay the fine or you will end up in court and lose.

    Did you still get points too?


  • Closed Accounts Posts: 616 ✭✭✭Crock Rock


    tcawley29 wrote: »
    Did you still get points too?

    Did you know the limit and choose to break it?

    Or

    Were you driving along oblivious to the speed limit?


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,654 CMod ✭✭✭✭magicbastarder


    gary550 wrote: »
    You`ll probably have to pay it.

    Just out of curiosity does anyone know if there is a percentage buffer that they allow you to be over the speed limit by like say 4 - 5% to account for either a slight inaccuracy in a cars speedometer or a slight miscalibration in the speed camera?
    Yes, speedos can be inaccurate within a certain range, but I'm the opposite direction to what you would be hoping. They can overestimate your speed but not underestimate it.


  • Registered Users, Registered Users 2 Posts: 19,153 ✭✭✭✭Del2005


    An Ri rua wrote: »
    I accept that principle when its someone doing big speed. Man up etc.
    But if you've read 109kmh in a 100 and you're standing by that, I think you're doing the OP a disservice.

    If they were caught doing 109 then their speedo would have been showing 115 and there's no excuse for drifting that far over. The difference for the OP is that if they don't except the points then their boss will get them and they won't be happy with that, they may be able to avoid the points but their job won't last much longer.


  • Registered Users, Registered Users 2 Posts: 1,829 ✭✭✭tcawley29


    Crock Rock wrote: »
    Did you know the limit and choose to break it?

    Or

    Were you driving along oblivious to the speed limit?

    I don't really understand why you're quoting me in this. I'm not the OP and I have a clean license


  • Closed Accounts Posts: 616 ✭✭✭Crock Rock


    tcawley29 wrote: »
    I don't really understand why you're quoting me in this. I'm not the OP and I have a clean license

    Beg your pardon. My mistake


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  • Registered Users, Registered Users 2 Posts: 6,236 ✭✭✭kirving


    Yes, speedos can be inaccurate within a certain range, but I'm the opposite direction to what you would be hoping. They can overestimate your speed but not underestimate it.

    Of course they can underestimate your speed. Incorrect tyres can easily cause that to happen.

    Legally, the design and manufacturing tolerances must be such that at one end of the tolerance band, the speedometer still does not under read actual speed, that's all.

    I've been recommended tyres by a large tyre chain that would have caused my speedo to under read by >3.5%. On the previous (correct) set of tyres, when new, the speedo matched GPS to 1km/h.
    Del2005 wrote: »
    If they were caught doing 109 then their speedo would have been showing 115 and there's no excuse for drifting that far over. The difference for the OP is that if they don't except the points then their boss will get them and they won't be happy with that, they may be able to avoid the points but their job won't last much longer.

    Some speedos are very accurate, either by chance or by design. To within 1km/h easily.

    Anyway, it's a red herring. Their speedo could be reading 50km/h and it wouldn't make the OP any less responsible.

    As a side note, does the NCT check speedo accuracy? I knew my last car was accurate, and was passed by a Citroen with a big centre display going much fast than me (maybe +10km/h), showing 120km/h too.

    OP, as harsh as it is, suck it up. No one will care, and will most likely sympathise, as most drivers do the same on a daily basis. You'll look far worse trying to get out of it.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 51,654 CMod ✭✭✭✭magicbastarder


    Of course they can underestimate your speed. Incorrect tyres can easily cause that to happen.

    Legally, the design and manufacturing tolerances must be such that at one end of the tolerance band, the speedometer still does not under read actual speed, that's all.
    that's what i meant, that legally they cannot underestimate your speed.


  • Registered Users, Registered Users 2 Posts: 6,638 ✭✭✭zilog_jones


    As a side note, does the NCT check speedo accuracy?

    Reasons for failure:
    (a) Not in accordance with the requirments1. [there is no explanation of whatever "requirments1" is]
    (b). Speedometer missing.
    (c). Speedometer is not working correctly.
    (d). Speedometer is not working at all.
    (e). Speedometer cannot be seen from driver’s seat.
    (f). Illumination of speedometer not working or defective.

    Also the note: "The speedometer functions check is limited to the movement of the vehicle within the test area."

    So they probably can't really check the accuracy the speedometer considering the speeds driven.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    gary550 wrote: »
    You`ll probably have to pay it.

    Just out of curiosity does anyone know if there is a percentage buffer that they allow you to be over the speed limit by like say 4 - 5% to account for either a slight inaccuracy in a cars speedometer or a slight miscalibration in the speed camera?

    my speedo is 4% out, so if I got a ticket for doing 109 my speedo would be reading about 114/5. I think that would be fair warning that I was over the speed limit whatever the circumstances.


  • Registered Users, Registered Users 2 Posts: 730 ✭✭✭SVI40


    gary550 wrote: »
    Just out of curiosity does anyone know if there is a percentage buffer that they allow you to be over the speed limit by like say 4 - 5% to account for either a slight inaccuracy in a cars speedometer or a slight miscalibration in the speed camera?

    Nope, none what so ever. You can be done for 1km/h over the limit.


  • Registered Users, Registered Users 2 Posts: 4,626 ✭✭✭An Ri rua


    tcawley29 wrote: »
    Did you still get points too?

    Yes, I did. For 3 years


  • Registered Users, Registered Users 2 Posts: 1,829 ✭✭✭tcawley29


    An Ri rua wrote: »
    Yes, I did. For 3 years

    Should have known he'd get the details right for that part I suppose :pac:


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