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Issue with fixed charge

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  • 20-03-2014 4:54pm
    #1
    Registered Users Posts: 4,510 ✭✭✭


    Hi all,

    what about this scenario? Any advice appreciated.

    I received a fixed charge offence about 15 days ago (my 1st ever) and when I rang the Fixed Charge Processing Office to discuss it (as I had to check they took Ulster Bank Visa Debit which thankfully they accept), I queried the lady with regards to the misspelling of my first name. The English version instead of the Irish on my driver's licence.

    Now I'm not trying not to pay it. In fact, I am trying TO PAY it. But I have been informed that, as the name on the fixed charge offence is wrong (and can't be amended??) that my payment by post may not be accepted (I will be sending it registered if I do post it) if the name on my licence does not match the name on the fine.

    Now I do know that the name on my ownership papers was filled out incorrectly and I did try to change it on a few occasions but it never seemed to be bother the motortax office at all. But this lady in question states that the Garda would have taken my name down. But sure I handed him my licence after giving my name??

    I have flagged the Fixed Charge Processing Office but they say that if they return it to me unpaid, then the time expires and the fine goes up.

    I think I will have to contact some of the TDs involved in the penalty points scandal if that happens, as if I am earnestly trying to pay my first fine, surely to God they can work with me? If my car details and all of the rest is enough to convict me, and if a name misspelling is an excuse that judges LAUGH AT, then surely they must accept my payment and let me independently amend things correctly with Shannon re my correct name spelling.

    It can't cut both ways for them, can it?


Comments

  • Registered Users Posts: 5,063 ✭✭✭Greenmachine


    this does not sound like a consumer issue. :p


  • Registered Users Posts: 4,510 ✭✭✭An Ri rua


    this does not sound like a consumer issue. :p

    Its really funny, isn't it? :confused:

    I'm (was (Mods opened new thread)) only following up on an existing thread. Appears very much like both you , and your thanker, are backseat modding.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    Posts split out and moved to new thread.

    Posters - if you have a problem with a thread, use the Report Post function, do not clog up the thread with comments. It's not a conventional Consumer Issue, but I'm happy to leave it here, until I think of a better place.

    OP - have you tried to contact the Garda who issued the fine? I'm not too sure of the mechanics, but perhaps it can be cancelled and reissued correctly?


  • Registered Users Posts: 4,510 ✭✭✭An Ri rua


    dudara wrote: »
    Posts split out and moved to new thread.

    Posters - if you have a problem with a thread, use the Report Post function, do not clog up the thread with comments. It's not a conventional Consumer Issue, but I'm happy to leave it here, until I think of a better place.

    OP - have you tried to contact the Garda who issued the fine? I'm not too sure of the mechanics, but perhaps it can be cancelled and reissued correctly?

    Thank you @Dudara. I too wasn't sure if this was the correct forum. But, seeing as 'legal discussion' is too often confused by most of us as a place for legal discussion that could form 'advice', when I saw this thread posted so recently and pertinent to what I am seeking, I thought I'd post also. Thanks.

    I contacted the fixed charge processing office who assured me that they may very well refuse the payment and return it to me?? I asked if it the fine data was sourced my incorrect spelling from my incorrect vehicle registration certificate (which my local council have today amicably agreed to solve for me) but the lady in question assured me that the data would have come from the Garda. But I gave him my licence! And I did not spell my name to him? I said it and handed him my licence for his notes.

    It is very frustrating to be facing an increased fine when its your first EVER in 20 years motoring (including YEARS as a sales rep) and to be then facing court a,s for the increased fine, an attempted payment will not be accepted either!! They tell me it cannot be cancelled ?? I got no joy from the lady. I might as well have asked a machine for guidance.

    However, with my local council's motor tax office, I left a message and they came back to me within half an hour and she assured me that changing my name to the correct spelling on my VRC is easypeasy and even gave me her name to mark it for her personal attention. Topdrawer public service. Which you can often get. I'm just someone trying to do right.


  • Registered Users Posts: 2,597 ✭✭✭emeldc


    Well, if it was me I'd go ahead and pay it. If they send it back I'd absolutely go to court. I doubt there's a judge in the country that would find against you especially as you made the effort to pay it. But I could be wrong.


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  • Registered Users Posts: 4,510 ✭✭✭An Ri rua


    Hi Mods,

    please close the thread now. Could serve as a useful record for others though.

    I had decided to amend the VRC immediately and so I posted that this evening after amicable advice from my local county council. I also decided to go in late in the day 5.15pm when the Post Office staff are quite busy and hope they overlooked the irregularity between my official first name (as Gaeilge) and its b*stardised (anglicised) version which is the name the fine was to. They paid it and now I have a receipt.

    I had rang the Garda Station that the garda on duty worked from. I, in a friendly manner, explained my problem to him and he also had advised getting it paid by Post Office also and at least I'd have that if it turns out that Thurles challenge the validity of the payment. Of course, one of the reasons I'm saying that this could be useful to others in the future is that the garda I rang stated that they DO take the info from your licence but, that when inputting it, there are a number of boxes that can be ticked and he has seen problems arising. So it IS possible that my VRC details were merged with the Garda's info and my driving licence info and then my name changed to the incorrect version.

    Anyway, no issue with paying the fine. I was guilty. And I was guilty a lot more times than I was caught! And driving while using a mobile is bang out of order. Just so long as we all get fined equally....

    Thanks everyone who contributed helpful contributions.


  • Closed Accounts Posts: 7,480 ✭✭✭wexie


    An Ri rua wrote: »
    Hi all,

    what about this scenario? Any advice appreciated.

    I received a fixed charge offence about 15 days ago (my 1st ever) and when I rang the Fixed Charge Processing Office to discuss it (as I had to check they took Ulster Bank Visa Debit which thankfully they accept), I queried the lady with regards to the misspelling of my first name. The English version instead of the Irish on my driver's licence.

    I'm not sure I understand the issue? Surely if they accept Visa debit you could just have given the your card details and been done with it? Why the payment by post?

    I can't imagine they'd care if someone other than the person named on the fine pays it? They wouldn't care if John Doe paid Joe Blogs' fine?


  • Registered Users Posts: 4,510 ✭✭✭An Ri rua


    wexie wrote: »
    I'm not sure I understand the issue? Surely if they accept Visa debit you could just have given the your card details and been done with it? Why the payment by post?

    I can't imagine they'd care if someone other than the person named on the fine pays it? They wouldn't care if John Doe paid Joe Blogs' fine?


    I would love to have your confidence to just pour forth such BS whenever I felt like it. Might part-explain your post-count since 2010.

    1. You must sign the fixed charge offence whether posting it or paying at a Post Office. Its a legal document.
    2.They don't take payments over the phone. Yes, they should. And do. For certain offences but NOT ones that require penalty points as far as I could ascertain (I ascertained by ringing, not by pulling it out of my rear end).

    Your throwaway remarks are very ignorant and arrogant. An armchair expert.

    Oh and ps YOU DON'T UNDERSTAND THE ISSUE.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    Posters - be civil to each other please.

    Closed at the OP's request.

    dudara


This discussion has been closed.
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