A Question - Neigh

testicle · 08-08-2008 9:46am #1

Hold the high horses here for a second.

On the 9th of May last, I was caught doing 74km/h in a 50km/h zone.

A fixed Penalty Notice was issued on the 5th of June, to an incorrect address - I gave the Guard the correct one, but he bastardised the address I gave him with the one on my license, and came up with a completely new one.

An Post returned it to the Processing Office, and it sat there for a few weeks. The exact same notice (issued 5th June) was re-posted on the 6th of August to the correct address, which I received in the post yesterday.

This new envelope came with the original envelope stapled to the back of the notice - hence I know about the An Post thing.

The thing is, it is now outside the 56 days that I was given to pay the fixed charge. Does this mean I'm going to have a day out in court?

Also, as an aside, the registration of the "mechanically propelled vehicle" that I was driving is incorrect.

Tipsy Mac · 08-08-2008 9:59am

testicle wrote: »

Also, as an aside, the registration of the "mechanically propelled vehicle" that I was driving is incorrect.

If it goes to court you will get off it, if you pay it you won't. If you pay the fine you will be admitting driving at that speed in a different car which would make you be committing a further crime of not telling the truth

Anan1 · 08-08-2008 10:01am

Would it be a lot of hassle for you to go to court? Sounds to me as though you'd have a good chance of having it struck out if you do.

peasant · 08-08-2008 10:02am

If I were you I'd take the letter including proof of wrong delivery to the garda station that issued the penalty, explain the delay (which clearly isn't your fault), pay the fine and get (written) confirmation that that's that ...no court appearance.

Esel · 08-08-2008 10:04am

If you want to pay the fine at this stage, contact the fines office and explain the situation. If you want to fight it in court, get a solicitor.

Dirty_Diesel · 08-08-2008 11:16am

It won't be thrown out of court, contrary to what was said above. The whole "wrong address/name/reg" loophole has been long closed.

They will dismiss the original summons the day of the court and immediately issue a new (correct) one.

De Hipster · 08-08-2008 11:20am

Call the the Garda Superintendent's Office - 01 666 8482/3

Explain the situation, quoting all relevant references numbers, also good to explain that you are available & willing to go to court if necessary.

They will generally (I say this from personal experience) sort the whole mess out, contact the judge (in the event of a summons having been issued), the garda who issued the initial fixed penalty charge & his/her superior to have the issue dropped/resolved.

It does not bode well for the gardaí in court when they are effectively wasting the courts time through clerical errors.

Marcus.Aurelius · 08-08-2008 11:52am

You cannot be prosecuted if you have not received the fine within the 56 day period, you have proof of such. If you go to court, and can prove it did not arrive within this period, the prosecution will be nullified.

For your own sake, I'd go to the Supt or C/Supt's office (or the sergeant in charge) and explain the details to him, maybe it will be cancelled before it ever reaches the courts.

I don't think the prosecution can proceed if you never received the notice.

testicle · 29-09-2008 9:13pm

So anyway, I sent a cheque off with the notice and original envelope attached, with the Return to Sender label on it on the 15th of August. 6 Days after receipt of the notice.

I just got handed a summons.

bostoncommon · 29-09-2008 9:20pm

It happened to me before, just make sure you turn up and explain you case. The Judge will throw it out!

Esel · 29-09-2008 9:22pm

You should have taken Joker's advice!

testicle · 29-09-2008 9:25pm

esel wrote: »

You should have taken Joker's advice!

The summons was issued way back when too. It too had the wrong address on it.

mickdw · 29-09-2008 11:36pm

So you are off to court. You have to get away with that. They ****ed up.

testicle · 29-09-2008 11:57pm

I hope so. Pain in the proverbials though.

patrickc · 30-09-2008 10:10am

a mate of mine the same thing happened to him a few months back, he had all the written documentation showed it to the judge etc etc and it was sturck out.

*Tripper* · 30-09-2008 10:19am

This has to be struck out especially as you show intent to actually accept the mistake made by the Gardai and take the fine and points. It's only fair to you mate.

L-M · 30-09-2008 6:36pm

If worst comes to worst i'm sure this thread can act as some back up as well. That's an awful pain in the arse now.

TheNog · 02-10-2008 1:35pm

My advice to you is to write to the local Superintendent and explain the problem you had with not receiving the original notice and that you received the correct notice and sent off a cheque but have now received a summons to go to court. The Super can strike out the summons if he/she is agreeable which they should be cos this is a cock up from the guard who stopped you.

Also it would habe been common sense for the FCPS office to reset the issue date from the time the second notice was sent to your proper address so allowing you the first 28 days to pay the €80 fine. I would hope you kept the two notices you got in the post and the letter from the FCPS office saying your payment was rejected.

testicle · 24-10-2008 5:47pm

Case struck out.

*Tripper* · 24-10-2008 6:11pm

Bo-Yah!

eringobragh · 24-10-2008 6:30pm

testicle wrote: »

Case struck out.

Well Done!!

Jurassic Park!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

unkel · 24-10-2008 6:36pm

Happy days

L-M · 24-10-2008 9:09pm

Lovely stuff, spend the money on something for the car:D

Gary ITR · 24-10-2008 9:47pm

What about the cheque you sent off? Did they accept payment?

I had to go all the way to Castleisland from Dublin cos I never received my fixed penalty, 121 in a 100 in Killarney. Guard that stopped me was out sick the day I had to go to court though

testicle · 24-10-2008 10:18pm

Onkle wrote: »

What about the cheque you sent off? Did they accept payment?

nope

Onkle wrote: »

I had to go all the way to Castleisland from Dublin cos I never received my fixed penalty, 121 in a 100 in Killarney. Guard that stopped me was out sick the day I had to go to court though

1 or 2 cases where the defendent had to swear under oath that they never received the notice were struck out also.

whocares86 · 21-12-2009 12:31pm

i was stopped for speeding on a dual carriage way. i handed the Garda my driving licence and he took down my address and details etc. then last week the notice arrived through the door. but it had the wrong address on it , the address had part of my address and another address on it. and an post had a sticker on the envelope saying delivery was delayed due to incorrect address.

just wondering would this be a legal point to have the case dismissed

E39MSport · 21-12-2009 1:04pm

I won't get those minutes back. 2008?? wtf?

Anan1 · 21-12-2009 1:31pm

whocares86 wrote: »

i was stopped for speeding on a dual carriage way. i handed the Garda my driving licence and he took down my address and details etc. then last week the notice arrived through the door. but it had the wrong address on it , the address had part of my address and another address on it. and an post had a sticker on the envelope saying delivery was delayed due to incorrect address.

just wondering would this be a legal point to have the case dismissed

Please read the charter and don't resurrect old threads.

A Question - Neigh

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