# Details incorrect in Fixed Charge offence



## tooca (8 Aug 2008)

Hi All, I received a fine from the Gardai (+2 points for talking on the mobile while sitting at the lights!) Upon opening this yesterday, I noticed that they spelt my name wrong - Tomas as opposed to Thomas. Is there any way I can avoid paying the fine based on these incorrect details?

Thanks
T


----------



## Mpsox (8 Aug 2008)

you broke the law, you got caught. Be a man and accept your punishment. And why does being stopped at a traffic light make the offence any less.?


----------



## j26 (8 Aug 2008)

No, if it was the wrong offence or something like that you'd have grounds to get off, but something as small as a letter missing from your name, not a chance.

Imagine yourself in front of a judge trying to explain why you shouldn't be fined because the Garda spelt your name a bit wrong.  He'd laugh at you, and it's not often you see a judge laugh.


----------



## starlite68 (8 Aug 2008)

And why does being stopped at a traffic light make the offence any less.?[/quote]

think the answer to that is in the question!


----------



## DavyJones (8 Aug 2008)

tooca said:


> Hi All, I received a fine from the Gardai (+2 points for talking on the mobile while sitting at the lights!) Upon opening this yesterday, I noticed that they spelt my name wrong - Tomas as opposed to Thomas. Is there any way I can avoid paying the fine based on these incorrect details?
> 
> Thanks
> T



You can go to court and defend charge, However I would try another line of defence. 4 pts will follow if convicted of offence in court plus fine.


----------



## csirl (8 Aug 2008)

I've seen District Court Judges get annoyed at people contesting traffic offences where there is a typo in the summons/penalty notice. If its obviously a typo or misspelling and not something that could confuse you with another person, you'll get no sympathy. 

I assume that there is nobody called "Tomas ?????" who drives your car and lives at your address who could possibly be confused with you?


----------



## McCrack (8 Aug 2008)

You can ignore the FPN and wait for the summons which may or may not have your first name spelt incorrectly. That's the first risk.
Second if the summons does happen to spell your forename wrong and you go into the District Court and plead not guilty on that basis alone you will be laughed out of the Court with 4 points and a nice couple hundred fine to boot.


----------



## starlite68 (8 Aug 2008)

ok, something similar happend me last year,except it was my house number was wrong on the summons...only by two digits. went to court,put my hands up and said i was sorry ect..then brought the mistake on the summons to the judges attention....she asked me what was my correct house number,then turned to the guard and said i am going for a dismissal on this one......needless to say i was delighted but its all down to the judge you get at the end of the day. good luck..keep your fingers crossed!


----------



## Wexfordguy (9 Aug 2008)

See,its not just about the missing "T".
They have your reg,car make and insurance details and also  your address.If a couple of these things were incorrect then you might have some grounds.
I reccomend you DONT point out this omission in court,you might give the judge a flea up his bum and he could go through you for a short-cut.
Talking on phones is becoming increasingly frowned upon as it denotes arrogance as well as carelessness.
If i was you i'd apologise profusely and take it like a man.


----------

