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FCN with misspelt name

  • 13-10-2019 11:24pm
    #1
    Cuttlefish
    Registered Users Posts: 727 ✭✭✭


    A "friend" of mine just received a fixed charge fine for holding a mobile phone while driving!

    His christian name is not what appears on his driving licence - the garda omitted a letter from his name

    Question - is it worth appealing the fine or should he just forget about the error and pay the fine?

    Does he have grounds for the fine to be struck out?


Comments

  • #2
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Suggest you consult a solicitor practising in that area. Leaving open for general discussion subject to forum rule on legal advice


  • #3
    Cuttlefish
    Registered Users Posts: 727 ✭✭✭Cuttlefish


    nuac wrote: »
    Mod
    Suggest you consult a solicitor practising in that area. Leaving open for general discussion subject to forum rule on legal advice

    Am wondering has it ever happened to other Boards.ie members

    Mod
    Comments on mod directions should be made by PM rather than inthread.
    District Judges often vary in their interpretation of the law. That is why I suggested contacting a solicitor practising in that DC area


  • #4
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,416 Mod ✭✭✭✭Kimbot


    Regardless of a misspelt name, if he done the crime then he should just pay up. An appeal could cost him more.


  • #5
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    Cuttlefish wrote: »

    Does he have grounds for the fine to be struck out?

    Double the fine and points in court hopefully.


  • #6
    AlanG
    Registered Users Posts: 1,414 ✭✭✭AlanG


    This happened my friend. The post office could not process the payment as the name did not match what was on his license. That was about 8 years ago but at the time he was told to forget about it as it was not a valid notice. Nothing more came of it.


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  • #7
    FishOnABike
    Registered Users Posts: 4,344 ✭✭✭FishOnABike


    From what I can remember from various threads it could either be thrown out on a technicality or if not paid and it went to court the court could allow it to be corrected on the day.

    Which happens could depend on the judge, your solicitor, how significant the misspelling was, what way the wind was blowing, who knows. You take your chances and you pay the consequences. If you want to chance it, make sure it's based on sound legal advice.


  • #8
    GavMan
    Registered Users Posts: 1,913 ✭✭✭GavMan


    I found myself in the same position about 10 years ago. I went to pay the FCPN and An Post couldn't process it because the notice didn't match up with the license.

    Ultimately it went to court and the judge dismissed it. Take from that what you will.


  • #9
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,707 Admin ✭✭✭✭✭hullaballoo


    Notwithstanding that the above posts are correct regarding the direction of the wind on the day in question, there's also a vast difference between someone who attempts to pay a FCPN in good faith but can't and someone who makes no attempt to pay because there's a typo on the notice.

    The person who attempted to pay would nearly always have the summons struck out (and, if not, a very arguable appeal). The person who made no attempt to pay may find the District Judge is less enthusiastic about the benefit of the doubt.


  • #10
    FishOnABike
    Registered Users Posts: 4,344 ✭✭✭FishOnABike


    GavMan wrote: »
    I found myself in the same position about 10 years ago. I went to pay the FCPN and An Post couldn't process it because the notice didn't match up with the license.

    Ultimately it went to court and the judge dismissed it. Take from that what you will.
    Unfortunately the district court doesn't set any legal precedents. A different judge, or the same judge on a different day could decide to throw the book at someone in the same circumstances.

    Unless there's a High Court precedent that a spelling mistake in the name voids a FCN you can take your chances.

    If you are unable to pay a FCN because of an error in the name (and evidence that you tried to pay) that might open some argument for it to be struck out in court or at least reverted to the original FCN penalty (with costs).

    I doubt you'll get any 100% guarantees of what the outcome will be for any particular course of action.


  • #11
    Cuttlefish
    Registered Users Posts: 727 ✭✭✭Cuttlefish


    For the record an attempt to pay the FCN will be done this week.

    If it can't be paid for an anomaly as such what should he do? Should he ask for it to be corrected?


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  • #12
    Lmklad
    Registered Users Posts: 433 ✭✭Lmklad


    Cuttlefish wrote: »
    For the record an attempt to pay the FCN will be done this week.

    If it can't be paid for an anomaly as such what should he do? Should he ask for it to be corrected?

    Write to the FCN office and include a copy of your drivers license. They will either cancel it or reissue it.


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