Penalty Points??

g00ndp00l

Hi,
I got my first two penalty points in march for doing 57mph up the navan road in the 50 zone D'OH!! However i got my letter stating the points are being added on BUT my 3 years in "jail" so to speak only starts in july i cant understand this!! The offence happened in march so in effect i have to keep the points for 3 years and 3 months!! As you may know i'm not too pleased 'bout it.

Anyone else have this problem or am i just being a moany turd??

Eurorunner

I think this is the same scenario for everyone...least there was a delay for me also.


Wonder is it possible to challenge the points in hindsight given the outome of the cork penalty points case...or is it all to late once youve paid up?

g00ndp00l

Yea as soon as you pay the fine the points go on the licence!! not worth bringing it to court really could end up getting 4points and an 800quid fine OUCH!! i'd rather just pay the 80quid!!

i've got in contact with the Dept. Of Transport and i'm waiting for a call back i'll let you know when i find something out!!

beer enigma

I wonder if they've put a hold on things - I got caught in april doing 67 in a 60 zone - have paid the fine, but never received any sort of letter confirming the points are on my licence.

I heard through a friend in the Garda that they were thinking of putting a hold on applying the points until Brennan makes up his mind - save on the admin of undoing the points...

ando

took 6 weeks to get my notice, then i got another letter a good while later saying my points were being added in march (offence happend in november). although i hear things should be faster now. I got caught just after the points were introduced

MojoMaker

Originally posted by g00ndp00l
Hi,
I got my first two penalty points in march for doing 57mph up the navan road in the 50 zone D'OH!! However i got my letter stating the points are being added on BUT my 3 years in "jail" so to speak only starts in july i cant understand this!! The offence happened in march so in effect i have to keep the points for 3 years and 3 months!! As you may know i'm not too pleased 'bout it.

Anyone else have this problem or am i just being a moany turd??

What do you mean 3 years & 3 months? You haven't got the points yet, for what it's worth, thay cannot be used against you (for example in an insurance context) until they are applied to your licence. From that point it will be 3 years.

If an insurance company was to make inquiries (which thankfully they can't so far) about your points record at this moment in time you would be points-free. What's the grumble?

Our man in Havana

Its a load of bollocks that points apply from a date after the offence. In the UK points apply from the date of the offense, even if they are added some time afterwards.

In facts points hang around for 3 years and 4 months.

Our man in Havana

Originally posted by Eurorunner
I think this is the same scenario for everyone...least there was a delay for me also.


Wonder is it possible to challenge the points in hindsight given the outome of the cork penalty points case...or is it all to late once youve paid up?

Have you noticed a lack in Garda activity in speed checks since this court case. I would challenge any speeding ticket until the govt change the law.

therecklessone

Not really, I think I got caught on Monday between the Coachman's Inn and Swords (decelerating from 50 to 40 in a 40 zone, had a biker behind me and couldn't just jam on) by a white Gatso van.

Still, nobody to blame but myself, seen them there a few times.

g00ndp00l

Hey Mojomaker,
Maybe if you read my post you'd see that i have got the points on my licence since the start of this week but the 3 years duration in which to accumulate 12 points wont start til next month!!

ZENER

Still, nobody to blame but myself, seen them there a few times.

Hard luck mate, I never go via Pinnock Hill for that reason, they regularly wait at the wreckers yard at the top of the hill or just off Kettles lane on the Airport side for city bound traffic.

Go the back roads, from the M50 take the Ballymun exit and go arount the 10-28 runway route at the airport if you're heading for Swords or that direction.

Hopefully thy didn't clock you ar it wasn't a Gatso van !!:)

ZEN

therecklessone

Originally posted by ZENER


Hopefully thy didn't clock you ar it wasn't a Gatso van !!:)

ZEN

Definitely a Gatso, I could see the camera as I pottered past it at 40...

Coming from Forest Road direction I don't usually go Pinnock Hill way, normally go towards the airport and take the M1 as far as the Donabate/Rush exit. That'll learn me!

Reckon my mate is far more likely to have got clocked, he flew past me after the roundabout and definitely saw the van late. Haven't been talking to him since, wonder who'll be first to get the notice...

Mr. Skeffington

GET THE POINT, NOT THE POINTS

ando

great addition to the thread there by Mr. Skeffington :rolleyes:

unkel

Originally posted by ando
great addition to the thread there by Mr. Skeffington :rolleyes:

Yeah most constructive :rolleyes:

I feel the penalty points should be loaded from the date of the alleged offence that we are bullied and blackmailed into not contesting

Fair enough if you contest the points in court, costs are made and if you lose, you'll have to cough up. Why oh why do you get additional penalty points but?

Block (8

Jeez didn't know that they where that strict!

I always thought that if your not going over 10mph above the limit that they'll let you off unless it's maybe a 30mph zone or that it's very late and they have to catch a few before they go back so that it didn't seem that they were just sitting on their asses eating doughnuts

I mean I drive diligently but I do usually go 70mph on a 60 zone.

Redshift

Originally posted by Bond-007
Have you noticed a lack in Garda activity in speed checks since this court case. I would challenge any speeding ticket until the govt change the law.

Nope I passed one last night on Santry Avenue, a Gatso van Today on the nass road and another one this evening in Dunlaoghaire.

Seth Brundle

Originally posted by unkel
Fair enough if you contest the points in court, costs are made and if you lose, you'll have to cough up. Why oh why do you get additional penalty points but?

you don't get additional points. If you decide not to contest it in court then they don't give you all the points, i.e. the offence carries 4 points but you get only 2 if you admit it and be a good sport about it.

unkel

Originally posted by kbannon
you don't get additional points. If you decide not to contest it in court then they don't give you all the points, i.e. the offence carries 4 points but you get only 2 if you admit it and be a good sport about it.

Ever considered becoming a politician

BUMP!

Just to make the point - no matter how you phrase it, this is just a way of depriving people of the right to defend themselves...
Why then, if this is so good, dont they do the same thing with other crimes? Take theft for example - theft could carry a mandatory sentence of say ... 25 years (exageration!!!) but if you are a good boy and just 'fess up they'll let you away with just 1 year. After all, once the fine garda says ur guilty ... then you obviously ARE!!!

You get the idea....

Our man in Havana

Its the whole concept that the Gardai want everyone to roll over and pay up.
If enough people didnt pay up and decided to have their day in court, it would completely paralise the whole system and the Gardai would have to reconsider their position.

Its all imtimidation and bullying that makes most ppl pay up.

BUMP!

Thats pretty much it... If people were free to defend themselves then there is a chance that the person might be able to prove his/her innocence which is inconvenient for the govt. Scare tactics deprive people of this freedom and hence I am pretty sure the whole bill is unconstitutional...

Wanton

ok, i am a bit stupid, so some1 spell it out to me.

i was done speeding outside Kilkenny, on the way to Carlow.

Garda said i got an €80 fine and 2 points.

I never got a reciept from the speed gun.

And friend of mine on consulted a garda friend who says i should be able to appeal because of this lark in the papers and stuff.

If i want to appeal i have to go to court, and the expense of solicitors?

And if it fails i run the risk of doubling my points?

Our man in Havana

Originally posted by Wanton
ok, i am a bit stupid, so some1 spell it out to me.

i was done speeding outside Kilkenny, on the way to Carlow.

Garda said i got an €80 fine and 2 points.

I never got a reciept from the speed gun.

And friend of mine on consulted a garda friend who says i should be able to appeal because of this lark in the papers and stuff.

If i want to appeal i have to go to court, and the expense of solicitors?

And if it fails i run the risk of doubling my points?

Firstly, you dont get the points until you either pay up or you are convicted in a district court.

If you wish to appeal, you don't need any solicitor. Just turn up and state you case, quote cork farmer vs Garda X, Rural Cork District Court and you will win.

g00ndp00l

Whats the craic??

under what terms did the cork farmer beat the gardai on?
was it because the notice was sent so long after the offence?
i've been living in a cave for the last few months dont have clue about what happened with that case, enlighten me please??

Victor

Originally posted by g00ndp00l
under what terms did the cork farmer beat the gardai on?

I suspect it was a recent case where the ticket had either errors in the legislation it referred to or the fact the legislation calls for a printed readout from the speed gun.

BUMP!

The best thing to do would be to talk to a solicitor - if you have a case then you wont even have to go to court as the gardai will not waste a resource in court on a lost case. From what I understand though its an open and shut case and you should get away with it...

beer enigma

The case was dismissed on the grounds that a radar gun does not produce any actual record of the speed in question, which is required under the Act to allow the defendant prepare a defence.

There's another case in Mitchelstown that was adjourned until July - it's thought that if the Garda lose that one as well, Brennan may well have to declare points null & void until the legislation is amended

sceptre

Originally posted by Andip
There's another case in Mitchelstown that was adjourned until July - it's thought that if the Garda lose that one as well, Brennan may well have to declare points null & void until the legislation is amended

Patwell (I assume it's Patwell if it's Mitchelstown) may be waiting to see which way the wind blows on this one.

ken90

Well I'm voting against FF tomorrow over the
DOUBLING OF THE PENALTY POINTS>

I've nothing against penalty points properly applied
but everybody is entitled to their day in court.

Even the murdering bastard who killed my brother
with a car and got away with it - on an extreme techo!

Our man in Havana

Originally posted by sceptre
Patwell (I assume it's Patwell if it's Mitchelstown) may be waiting to see which way the wind blows on this one.

I hear that a lot of speeding cases have been adjourned until the matter is clarifed by the High Court. You would be a mug to pay up the €80 until the matter has been decided by the High Court.

I wonder if the Gardai loose then all penalty points would have to be removed?