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Points on my license but incorrect postal address

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  • 11-10-2006 1:14pm
    #1
    Closed Accounts Posts: 1,643 ✭✭✭


    Hi all... not sure if this is the coirrect forum but here goes.

    I got 2 points for doing 74kph in a 60kph zone at the end of Sept.

    However the letter informing me of this had the incorrect house number, and was delivered to the wrong house... a neighbour dropped the letter into my house last night.

    Does this invalidate the points, or give me any reason to appeal?


Comments

  • Registered Users Posts: 5,563 ✭✭✭connundrum


    Motors forum would deffo be better. I'd bring it to a solicitor immediately as they can give you a rather more informed opinion on the matter.

    The guard may quickly turn around and say that you gave him the wrong details, so be careful of that.


  • Closed Accounts Posts: 999 ✭✭✭Noelie


    Just take the points, you were caught speeding,


  • Closed Accounts Posts: 1,643 ✭✭✭Gandalf23


    Noelie wrote:
    Just take the points, you were caught speeding,

    Fair point... thats what I'll probably do, and I am NOT arguing that I dont deserve it.

    Just trying to clarify my position is all...


  • Registered Users Posts: 24,993 ✭✭✭✭Wishbone Ash


    Gandalf23 wrote:
    Hi all... not sure if this is the coirrect forum but here goes.

    I got 2 points for doing 74kph in a 60kph zone at the end of Sept.

    However the letter informing me of this had the incorrect house number, and was delivered to the wrong house... a neighbour dropped the letter into my house last night.

    Does this invalidate the points, or give me any reason to appeal?
    As a matter of interest Gandalf23, is this the same address that is used when sending notification of motor tax and NCT (if applicable). If so, then you would have been obliged to inform them of the incorrect address before now. It even states on the Motor Tax renewal form RF100B;

    "This form may be used to apply for a new tax disc provided that your name and address as printed above are correct".

    If you have used that tax form, then it may be difficult to claim now that it is not your address.


    The points won't be added yet anyway. The points are only applied after payment of a fixed charge or determination of guilt is made. Although I don't really agree with it, if you wanted to get around it, you would be better ignoring it. The points cannot be added without your knowledge.

    Tell your neighbour not to divert any more mail with a harp on the envelope. :D


  • Registered Users Posts: 1,700 ✭✭✭bogmanfan


    Here's a hypothetical one.
    My car is registered at an old address and I didn't update my details when I renewed my tax. How would I find out whether I have any points? If the letter is sent out and you don't pay the fine, then isn't a summons next? What happens if no one responds to the summons? Can they trace you through insurance companies? Bear in mind, this is purely hypothetical now...


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  • Registered Users Posts: 2,270 ✭✭✭singingstranger


    bogmanfan wrote:
    Here's a hypothetical one.
    My car is registered at an old address and I didn't update my details when I renewed my tax. How would I find out whether I have any points? If the letter is sent out and you don't pay the fine, then isn't a summons next? What happens if no one responds to the summons? Can they trace you through insurance companies? Bear in mind, this is purely hypothetical now...
    Your tax and licence addresses are completely seperate, and technically if you're driving with a licence with your old address you're breaking the law. Any Motor Tax Office will replace your licence with a new one with your address free of charge.


  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    technically if you're driving with a licence with your old address you're breaking the law.
    While you are not required by law to change your driving licence if you change address, it is advisable nonetheless.

    :confused:


  • Registered Users Posts: 991 ✭✭✭endplate


    technically if you're driving with a licence with your old address you're breaking the law.

    A ha IBF (internet bulls*** fact) perhaps:D


  • Registered Users Posts: 348 ✭✭SonOfPerdition


    Gandalf23 wrote:
    Hi all... not sure if this is the coirrect forum but here goes.

    I got 2 points for doing 74kph in a 60kph zone at the end of Sept.

    However the letter informing me of this had the incorrect house number, and was delivered to the wrong house... a neighbour dropped the letter into my house last night.

    Does this invalidate the points, or give me any reason to appeal?

    A solicitor is the best person to ask. But from what i know it could be down to the judge, he may look at it as a simple typo error and convict you and you will end up with 4 points instead of 2. another judge may accept the argument that the ticket is invalid. This is based loosley on a similar case for me where the ticket had the speed i was doing and the speed limit reversed. I was told it was basically down to the judge (and how good or bad his humour was on the day). I decided that technically i may have a case, but morally i didn't so i paid the fine and accepted the 2 points.

    some people would contest it based on the mistake (as is their right), but only a solicitor can really help you make that decision.


  • Registered Users Posts: 24,993 ✭✭✭✭Wishbone Ash


    bogmanfan wrote:
    My car is registered at an old address and I didn't update my details when I renewed my tax. How would I find out whether I have any points?

    You can't have points applied without your knowledge. You can only have "points pending". The points can only be applied to your licence after payment of a fixed charge or determination of guilt is made.

    Originally Posted by http://www.oasis.gov.ie/
    While you are not required by law to change your driving licence if you change address, it is advisable nonetheless.
    It's very advisable as otherwise it may be difficult to use it as a form of identification which requires your address.


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  • Closed Accounts Posts: 2,323 ✭✭✭Spitfire666


    pay the fine as if it goes to court the address will just be amended and youll be done anyway and would have wasted your time. it happens all the time.


  • Registered Users Posts: 78,402 ✭✭✭✭Victor


    bogmanfan wrote:
    Here's a hypothetical one.
    My car is registered at an old address and I didn't update my details when I renewed my tax. How would I find out whether I have any points? If the letter is sent out and you don't pay the fine, then isn't a summons next? What happens if no one responds to the summons? Can they trace you through insurance companies? Bear in mind, this is purely hypothetical now...
    OK, ask yourself: "Its this bogmanfan's fault or the Garda's fault?" If you knowingly have the wrong address, how are the Garda meant to give you the paperwork? :rolleyes:


  • Registered Users Posts: 1,700 ✭✭✭bogmanfan


    Exactly my point. If I knowingly were to fail to update my address on my tax renewal, how would points get to me? What's to stop people with 8 or 10 points from doing this, and avoiding the ban? Surely if you don't respond to a summons, there are attempts made to trace you. Or, this being Ireland, does anyone bother? With the registration number of the car, would they not run it by insurance companies to try to get an alternative address?


  • Registered Users Posts: 24,993 ✭✭✭✭Wishbone Ash


    bogmanfan wrote:
    Surely if you don't respond to a summons,
    Excuse my ignorance on the matter of summonses (spelling??). I've never had the pleasure of getting one myself but I always thought that they were delivered by a Garda in person or by registered mail. Mrs Wishbone Ash has had a couple and they were delivered by a real live Garda, much to the interest of the neighbours.:o :D


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    The service of most summonses for traffic offenses is by registered post only. Where a registered letter is refused, an application for subsituted service will be made to the judge, who will authourise service by ordinary pre paid post. All you will achieve is delaying the case by a month or so.


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