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Error in Speeding Ticket

Hi all. I got a speeding ticket the last day and my name is spelt wrong on the form. Can I get out of paying it? Thanks. Craig in Cavan.

Hi Craig.  This is quite a common occurrence and my initial advice is that you should never ignore official correspondence whether it is in relation to a speeding ticket or indeed in relation to a claim from a bank or a building society.  You have to take this seriously.

 

Is the mistake in your name a small error?  For example, C R A G instead of C R A I G?  Or is it a big one, for example that they have given you a wrong surname. 

 

Either way, you will ignore it at your peril because the next thing you will get is a summons to the District Court, which will carry double the penalty points.

 

The safest thing to do if it is a small typographical error and all the other details are correct (your address, your car registration number and the fact that you were at the scene of the speeding offence – in other words it is a valid offence) is to pay the penalty and be done with it.  Otherwise you will certainly get a summons and you will have to make the point in court. 

 

The summons, if it does issue, will almost certainly carry the same mistake and you will be able to argue in court that the summons is bad because of this error.  If the mistake is small then the judge has the power to amend the summons and correct the mistake.  This will leave you liable to the full penalty, including the extra points, unless you have some other defence to give to the court.

 

If the judge chooses not to amend the summons (such as in circumstances where the error is so grave that it makes the summons defective) you then apply to the court to dismiss the summons. 

 

If you don’t want to pay the fine based on the speeding “ticket” then you immediately return the defective ticket to the office where it came from, with a covering letter pointing out the error.  They might make the decision there and then to cancel the ticket because of the defect rather than let it go to court.

 

If you do receive a summons you should turn up with your solicitor and your solicitor will apply to the court to have the summons dismissed because of the defect. 

 

It is up to you, Craig, to make the decision.

 

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