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Incorrect date of fixed notice

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Comments

  • #32
    bilasy
    Registered Users Posts: 152 ✭✭bilasy


    bilasy wrote: »
    I’m sorry guys why will be found guilty? I just want to do the right thing ( pay the penalty in the correct time and date) why can’t they just issue a new FCN ?

    Just got a call from the Garda who stopped me, said according his notes he agreed with me however can’t change the FCN, can’t explain the wrong info, his advice just pay
    Unless the office FCN office writes to him to change his report


  • #33
    iomusicdublin
    Banned (with Prison Access) Posts: 154 ✭✭iomusicdublin


    bilasy wrote: »
    Just got a call from the Garda who stopped me, said according his notes he agreed with me however can’t change the FCN, can’t explain the wrong info, his advice just pay
    Unless the office FCN office writes to him to change his report


    If you pay ... you are pleading guilty to something that you did not do.



    I would have gone to court and let the garda give his incorrect evidence, but now he knows


  • #34
    Lenar3556
    Registered Users Posts: 1,350 ✭✭✭Lenar3556


    iomusicdublin wrote: »
    If you pay ... you are pleading guilty to something that you did not do.



    I would have gone to court and let the garda give his incorrect evidence, but now he knows

    And if he continued with the catalogue of errors in his evidence, you would likely get it struck out. But that’s a risk, because it is more likely that the error was made in the FCPO or when the Garda inputted the information to the computer system in the first instance. His notebook may well have had the correct details from day one.

    I would pay it in the circumstances, notify the FCPO in writing of the error in the particulars for completeness.


  • #35
    iomusicdublin
    Banned (with Prison Access) Posts: 154 ✭✭iomusicdublin


    Lenar3556 wrote: »
    And if he continued with the catalogue of errors in his evidence, you would likely get it struck out. But that’s a risk, because it is more likely that the error was made in the FCPO or when the Garda inputted the information to the computer system in the first instance. His notebook may well have had the correct details from day one.

    I would pay it in the circumstances, notify the FCPO in writing of the error in the particulars for completeness.


    He is not guilty of the offence


  • #36
    Lenar3556
    Registered Users Posts: 1,350 ✭✭✭Lenar3556


    iomusicdublin wrote: »
    He is not guilty of the offence

    He hasn’t been tried for it yet! The FCN doesn’t ask if he believes he is guilty or not. He is given the option to pay a charge to avoid being prosecuted, and also .to receive a mitigated number of penalty points.

    In this case there was no contest from the OP that he had indeed committed an offence, and so it is likely that he would be convicted and all that follows that.

    He quite rightly queried the incorrect details on the notice with the FCPO and spoke to the Garda who detected him speeding, and it is now reasonably clear that this notice relates to the incident in which he was stopped and of which the facts are undisputed.

    It would usually be poor advice to knowingly allow a prosecution be initiated in such circumstances where the matter can be dealt with by paying the FCN. Errors appearing in an FCN should not be seen as something that will stop the matter proceeding or your being convicted in court.


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  • #37
    99nsr125
    Registered Users Posts: 1,183 ✭✭✭99nsr125


    Lenar3556 wrote: »
    He hasn’t been tried for it yet! The FCN doesn’t ask if he believes he is guilty or not. He is given the option to pay a charge to avoid being prosecuted, and also .to receive a mitigated number of penalty points.

    In this case there was no contest from the OP that he had indeed committed an offence, and so it is likely that he would be convicted and all that follows that.

    He quite rightly queried the incorrect details on the notice with the FCPO and spoke to the Garda who detected him speeding, and it is now reasonably clear that this notice relates to the incident in which he was stopped and of which the facts are undisputed.

    It would usually be poor advice to knowingly allow a prosecution be initiated in such circumstances where the matter can be dealt with by paying the FCN. Errors appearing in an FCN should not be seen as something that will stop the matter proceeding or your being convicted in court.

    You don't really appear to be on the OP's side.

    Personally I would go to court and watch it being struck out


  • #38
    stayback
    Registered Users Posts: 156 ✭✭stayback


    ahnowbrowncow wrote: »
    They tell you the speed and show you it on the gun so the OP would know if there was a difference but they wouldn't have physical proof.

    Question does the guard have to show you the speed on the gun.


  • #39
    Lenar3556
    Registered Users Posts: 1,350 ✭✭✭Lenar3556


    stayback wrote: »
    Question does the guard have to show you the speed on the gun.

    There is no legal requirement, but is common practise.


  • #40
    un5byh7sqpd2x0
    Closed Accounts Posts: 1,862 ✭✭✭un5byh7sqpd2x0


    Lenar3556 wrote: »
    The judge will agree with you. Then promptly amend the summons so it shows the correct particulars.

    Wrong


  • #41
    bilasy
    Registered Users Posts: 152 ✭✭bilasy


    99nsr125 wrote: »
    You don't really appear to be on the OP's side.

    Personally I would go to court and watch it being struck out

    1. I’m still a/w the FCN reply to my query, my 28 days expire on 22/07, then I move to the 56 days period and €120 charge.

    2. I never been to police station in my life, let alone court, do I need to hire a solicitor?, worst case Scenario if I get convicted I’ll pay heftier fine, conviction will be on my record and 5 points bad for my insurance .

    I’m still hoping someone takes responsibility and cancel the FCN or just amend it.


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  • #42
    Lundstram
    Closed Accounts Posts: 2,129 ✭✭✭Lundstram


    bilasy wrote: »
    1. I’m still a/w the FCN reply to my query, my 28 days expire on 22/07, then I move to the 56 days period and €120 charge.

    2. I never been to police station in my life, let alone court, do I need to hire a solicitor?, worst case Scenario if I get convicted I’ll pay heftier fine, conviction will be on my record and 5 points bad for my insurance .

    I’m still hoping someone takes responsibility and cancel the FCN or just amend it.
    Yes, you will need a solicitor. Judges take a dim view of Joe Soap representing themselves. They waste court time.

    Pay it and move on with your life.


  • #43
    Bass Reeves
    Registered Users Posts: 18,140 ✭✭✭✭Bass Reeves


    Lundstram wrote: »
    Yes, you will need a solicitor. Judges take a dim view of Joe Soap representing themselves. They waste court time.

    Pay it and move on with your life.

    Judges also get annoyed by incorrect details on summons. Changes to FCN's usually are in the case of names and address's incorrectly take down due to details being hard to understand correctly where maybe a non national was given details.

    OP has contacted and informed the authority of the need for correction. If the court summons come out with details different to the FCN then OP was never given a chance accept such a FCN.

    However OP I be inclined to contact a solicitor which you should have from the start. It costs but when the choice is a 80 euro fine and 3 penalty points and paying a solicitor 150-200 euro then you have to access the risk/cost of both options.

    Slava Ukrainii



  • #44
    bilasy
    Registered Users Posts: 152 ✭✭bilasy


    Bass Reeves wrote: »
    Judges also get annoyed by incorrect details on summons. Changes to FCN's usually are in the case of names and address's incorrectly take down due to details being hard to understand correctly where maybe a non national was given details.

    OP has contacted and informed the authority of the need for correction. If the court summons come out with details different to the FCN then OP was never given a chance accept such a FCN.

    However OP I be inclined to contact a solicitor which you should have from the start. It costs but when the choice is a 80 euro fine and 3 penalty points and paying a solicitor 150-200 euro then you have to access the risk/cost of both options.

    Quick update, received a letter today the my FCN was cancelled
    Thank you all for for valuable input.


  • #45
    Lenar3556
    Registered Users Posts: 1,350 ✭✭✭Lenar3556


    bilasy wrote: »
    Quick update, received a letter today the my FCN was cancelled
    Thank you all for for valuable input.

    Good outcome!


  • #46
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    bilasy wrote: »
    Quick update, received a letter today the my FCN was cancelled
    Thank you all for for valuable input.

    Has it been cancelled with an amended one to follow, or is that the end of it?


  • #47
    bilasy
    Registered Users Posts: 152 ✭✭bilasy


    seagull wrote: »
    Has it been cancelled with an amended one to follow, or is that the end of it?

    Cancelled and that’s the end of it!


  • #48
    bilasy
    Registered Users Posts: 152 ✭✭bilasy


    seagull wrote: »
    Has it been cancelled with an amended one to follow, or is that the end of it?

    Cancelled and that”s the end of it!


  • #49
    99nsr125
    Registered Users Posts: 1,183 ✭✭✭99nsr125


    bilasy wrote: »
    Quick update, received a letter today the my FCN was cancelled
    Thank you all for for valuable input.

    Good

    Remember be on your side not theirs


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