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Court

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  • 26-10-2008 8:04pm
    #1
    Registered Users Posts: 105 ✭✭


    Hey Guys last December i got caught in Dublin going through a checkpoint and as i had jst started driving the car there was no tax on it i explained this to the woman garda and she wasnt taking any of it and she also did me for not havin 'L' plates up at the time so she said that i was gonna get a fine in the post which is fair enough dont mind paying it then a few months went by and noting so i jst thought she had let me away with it but then 2 weeks ago 2 officers called over to my house with a summons for court i told the story to the garda and he said that the reason im going to court is for not paying the fine and i never got one in the first place the garda then told me it would be best to ring the station where the summons came frm to speak to the woman so i have rang many times and left messages for her and she has never got back to me and another one of the offences id for driving without an nct which is bull cause i still have the cert so the court case is on tuesday anybody know or hav any ideas on what is going to happen???


Comments

  • Registered Users Posts: 68,968 ✭✭✭✭L1011


    Considering its now too late to get in contact with anyone, being Sunday - you'll have to go to court, bring the NCT cert, I presume/hope you have the tax now? Evidence of that too. State that you never received any fine notification, that you were willing to pay, have the money with you. Show that you had the NCT at the time, show that you have motor tax now.

    No idea what exactly is most likely to happen to you after this. Were you on a first or second provisional at the time?


  • Registered Users Posts: 105 ✭✭tooler7


    well i dont drive the car anymore hav a different i was on my first one yeah when it happened but i actually sorted it thr nxt day and that dont mind paying the fine or anything but i dont wanna get any penalty points


  • Moderators, Category Moderators, Entertainment Moderators, Sports Moderators Posts: 22,584 CMod ✭✭✭✭Steve


    You should have gone to a solicitor with this, sorry I know it's a bit late to say that now.

    If what you say is true and you tried to call them and sort it then bring evidence of that if you can - i.e. phone bills with call details or whatever you can get. Also bring every bit of documentation you have to do with the car - tax renewals, insurance certs nct certs whatever you can lay hands on.

    If you can show the judge evidence that you made efforts to resolve this and that you tried your best to be road legal then they might go easy on you.

    Also, dress well and more importantly turn off your phone before going in.


  • Registered Users Posts: 22,321 ✭✭✭✭Esel


    Tell the judge you are prepared to swear on oath that you received no notification of any fines, and that the first you knew about the case was when the summons was served.

    Not your ornery onager



  • Registered Users Posts: 1,592 ✭✭✭kyote00


    I'd say they will "do" you for failing to display punctuation :D

    tooler7 wrote: »
    Hey Guys last December i got caught in Dublin going through a checkpoint and as i had jst started driving the car there was no tax on it i explained this to the woman garda and she wasnt taking any of it and she also did me for not havin 'L' plates up at the time so she said that i was gonna get a fine in the post which is fair enough dont mind paying it then a few months went by and noting so i jst thought she had let me away with it but then 2 weeks ago 2 officers called over to my house with a summons for court i told the story to the garda and he said that the reason im going to court is for not paying the fine and i never got one in the first place the garda then told me it would be best to ring the station where the summons came frm to speak to the woman so i have rang many times and left messages for her and she has never got back to me and another one of the offences id for driving without an nct which is bull cause i still have the cert so the court case is on tuesday anybody know or hav any ideas on what is going to happen???


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  • Closed Accounts Posts: 5,430 ✭✭✭testicle


    You will be asked under oath whether you received the notice or not. Then the case will be struck out.


  • Closed Accounts Posts: 1,700 ✭✭✭brayblue24


    kyote00 wrote: »
    I'd say they will "do" you for failing to display punctuation :D

    What he says

    "Tell the judge you are prepared to swear on oath that you received no notification of any fines, and that the first you knew about the case was when the summons was served".

    What he says


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    testicle wrote: »
    You will be asked under oath whether you received the notice or not. Then the case will be struck out.

    Or you will additionally be charged with perjury. It has happened


  • Registered Users Posts: 1,938 ✭✭✭deadwood


    Bring evidence that you back-taxed the car also, if you're being prosecuted for this.
    What, exactly, are you bein prosecuted for?


  • Registered Users Posts: 7,741 ✭✭✭Bluefoam


    tooler7 wrote: »
    Hey Guys last December i got caught in Dublin going through a checkpoint and as i had jst started driving the car there was no tax on it i explained this to the woman garda and she wasnt taking any of it and she also did me for not havin 'L' plates up at the time so she said that i was gonna get a fine in the post which is fair enough dont mind paying it then a few months went by and noting so i jst thought she had let me away with it but then 2 weeks ago 2 officers called over to my house with a summons for court i told the story to the garda and he said that the reason im going to court is for not paying the fine and i never got one in the first place the garda then told me it would be best to ring the station where the summons came frm to speak to the woman so i have rang many times and left messages for her and she has never got back to me and another one of the offences id for driving without an nct which is bull cause i still have the cert so the court case is on tuesday anybody know or hav any ideas on what is going to happen???

    I'd say speak slowly and pause between sentences...


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  • Closed Accounts Posts: 1,700 ✭✭✭brayblue24


    These cases are being thrown out all over the place and rightly so if defendants have not been notified before summons.


  • Closed Accounts Posts: 5,430 ✭✭✭testicle


    nipplenuts wrote: »
    Or you will additionally be charged with perjury. It has happened

    And then the onus will be on the state to prove that the OP did in fact receive the fixed penalty notice. And seeing as the OP did not in fact receive this notice, the state will have a hard time proving it.


  • Moderators, Category Moderators, Entertainment Moderators, Sports Moderators Posts: 22,584 CMod ✭✭✭✭Steve


    testicle wrote: »
    And then the onus will be on the state to prove that the OP did in fact receive the fixed penalty notice. And seeing as the OP did not in fact receive this notice, the state will have a hard time proving it.
    Fair enough - you posted that you recently got a case thrown out - did you have a solicitor or did you represent yourself? - just curious because the OP is in court on Tuesday and given it's the holiday weekend, has no chance of hiring legal representation between now and then.


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