speeding charge + odd problem with notification?

CH

Hello,

I have a query for a "friend" regarding the process of getting charged with speeding. I’ll write this out in the sequence of historical events in the hope that it’s the clearest way to explain it…

March 2004: Passed driving test and registered full-license to address-a

March 2005: Bought car-a

March 2005: Registered car-a to address-a

April 2005: Moved from address-a to address-b

April 2006: Sold car-a, bought car-b

April 2006: Registered car-b to address-b

May 2006: Got caught speeding (60KM in a 50KM). Guard took license details, took car-b details and set “friend” on merry way.

May-Jun-July-Aug-Sep 2006: "Friend" didn’t hear from Gaurds about speeding offence. "Friend" took it that Guard didn’t actually go through with charging him for speeding.

Oct 2006: By chance, "friend" met people that moved into old address-a. It turns out Gaurds sent speeding notification to old address-a.

The initial charge was E80.00 plus 2 penalty points. After 28 days of the notice being sent, if the charge wasn’t paid, the charge went to E120.00 plus 2 penalty points. Now that 56 more days have passed it could go to court and my "friend" could get 4 points.


The questions are…

1) If it was an administrative error on the Gaurds part, could my "friend" ignore the charge and not get the penalty points? (If he hadn’t met the people who bought the last house, he’d still know nothing about the notification the Gaurds sent).

OR

2) Was this my "friends" fault for not updating the address on his driving license, thus landing him in more trouble than is due to him?

Maybe someone out there has run into a scenario similar to this already and can advise.

Many thanks,
CH

Rovi

I'm afraid I can be of no help with your friend's (:rolleyes:) main query, but I'm wondering how the current owners of address-a knew the contents of an envelope was a notification from the Gardai?
Do they come in an envelope with 'Speeding Offence Notification' or similar printed on the outside, or is it the regulation plain brown envelope with a harp on it?
I'm assuming it was addressed to: Friend (:rolleyes:), Address-a, Wherever.
Did your friend (:rolleyes:) have any arrangement with the new owners of address-a to forward his post, or are they hoarding/reading it indefinitely?

Whatever about someone's 'ordinary' post being ignored/discarded, you'd like to think that if something 'official' (Gardai, Tax man, medical, bank, etc) ended up at the wrong address, it'd at least get sent back to sender with a 'not known at this address' note on it.

Aside from the problem with the Garda vehicle/owner database apparently not being up to date, it looks like a bit of bad form on the part of the current occupiers of address-a.

Sandwich

Whats the deal with the address on your license anyway? Are you supposed to keep it up to date.
My licence is from 1997 and I left the address on it a few months after getting it. Now on the 4th address since then. Had never thought about it, assuming it would only be updated next year when I renew it.

zokrez

This might help.

A friend of mine pretty much did the same as your mate, ie speed, length of time but they had forgotten about it as guard had said watch the post etc - until Guard arrived at door approx 4 months later with a summons which had wrong address on it. It would appear letters were issued to incorrect address, he found the car because it was parked 6 doors from where the correspondence was going. The correct address was given but obviously this cannot be proved. Reminder possibly also. Here's the bit you got to be careful about.

He spoke to loads of informed sources who told him that he would be grand as it would be struck out because of incorrect address. He didnt go to court himself but sent his wife, who is foreign, and the case was first up and she tried to explain to the judge but was asked "was he speeding ? " to which she replied "yes" - 4 points and a 600 euro fine.

Fact not fiction.

My big concern is that one is GUILTY until proved INNOCENT and with the threat of double points, are you going to contest ?

Seanie M

I thought notification of any road traffic offence was done on the cars registration details, not the licence details.

prospect

Sounds to me like the new owner of car -a was also done for speeding, and they have never transferred ownership over to their new address.
Have you got the letter now? Is the car details listed as your current car or car -a? Otherwise, how the hell did the guard know your old address?

Fey!

Prospect is on the money with this - car b had no connection with address a. Did you send away the paperwork on the car you sold yourself, or did you trade it to a garage? Check the letter - it should have the car reg on it. Then talk to the issuing Garda and explain the situation (about car a - don't mention having been caught speeding yourself in car b). The database should have the date of change of ownership for car a, and if the paperwork hadn't been sent in by a garage, then the paperwork for car b will have the date you bought it before car a's speeding offence.

Phew!