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Query over penalty points

  • 30-01-2010 12:23pm
    #1
    Registered Users, Registered Users 2 Posts: 915 ✭✭✭


    On the 23 of November last year I got pulled over by a member of the Gardai and informed that I was going to be done for a dangerous overtake (I fully admit it).I was in a rental car with all paperwork in order and was speeding as well but the guard said he was only going to do me for the overtake.He informed me the fine should be out in the post within 2 weeks.

    Now, no fine has landed out to date,what do you do in such a case? Having read a post in here about a man getting summoned to court over a ticket he never got and facing the prospect of a heafty fine,it has me slightly concerned.

    Is it a case of going into a garda station and asking them to check pulse or what?

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 83,051 ✭✭✭✭Atlantic Dawn
    M


    I wouldn't do anything, if you didn't get it you didn't get it, no court can convict you of that.


  • Registered Users, Registered Users 2 Posts: 19,013 ✭✭✭✭Del2005


    I wouldn't do anything, if you didn't get it you didn't get it, no court can convict you of that.

    I stand to be corrected but have they not changed the law recently where the I never got it excuse isn't available any more or are they going to change it?


  • Registered Users, Registered Users 2 Posts: 1,862 ✭✭✭flamegrill


    If they're going to rubbish the "I never got it excuse" they'll have to send them via registered post or courier and get your signature. Otherwise they can't enforce that, how could they?

    Op, if you were driving a rental there's a good chance it may have went to the rental company. Give em a call and ask them if they've heard from the cops. I don't know if they will have, but it's worth calling them.

    On a side note, I'd probably head to my local Garda station and go on record saying you've not got it. At least then if you get a summons in a month or 3s time you have proof that you went looking for it. I did say "probably", so that option is entirely your call :-)

    Paul


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    OP - How did you get on with the guard at the time? If you were decent and apologetic (which, TBH, is the feeling i'm getting from your post) then it's quite possible he decided to let the thing slide. I'd still check with the rental co, though.


  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    +1.

    Sounds like you got a bit of compassion and the Garda who stopped you used his discretion. As a member, my suggestion would be to call into your local station at a quiet period and ask them to check the system to see if you've got any oustanding FCPS notices or current summonses. Bring some ID with you as proof and explain the situation to the garda at the desk. You wont get in trouble and the guard you speak to isn't going to decide to prosecute you him/herself!!

    Hope this helps


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  • Registered Users, Registered Users 2 Posts: 915 ✭✭✭The Nutty M


    I got ate and took it because I was purely in the wrong.His last words as he was leaving was that he was doing me for the overtake but not the speeding and that the fine would be in the post in about 2 weeks.

    I'll head off into the station tonight for a look and see what they have to say about me.I had assumed up to this point that the rental company would have contacted me (they have all my details) if something landed but I'll look into that.

    Thanks.


  • Registered Users, Registered Users 2 Posts: 2,186 ✭✭✭lau1247


    yeh best thing is to get it check out by the garda.. get them to check the system as soneone said and if nothing shows up, best to get the person you speak with to write down their name and date to confirm at least you that you have the intension to solve this matter should it get escalated

    West Dublin, ☀️ 7.83kWp ⚡5.66 kWp South West, ⚡2.18 kWp North East



  • Registered Users, Registered Users 2 Posts: 25,000 ✭✭✭✭Wishbone Ash


    When you were pulled over, did the Garda know it was a rental car? If not, he might have discovered later that it was and decided that it was too much hassle to proceed with it.


  • Registered Users, Registered Users 2 Posts: 1,959 ✭✭✭kravmaga


    On the 23 of November last year I got pulled over by a member of the Gardai and informed that I was going to be done for a dangerous overtake (I fully admit it).I was in a rental car with all paperwork in order and was speeding as well but the guard said he was only going to do me for the overtake.He informed me the fine should be out in the post within 2 weeks.

    Now, no fine has landed out to date,what do you do in such a case? Having read a post in here about a man getting summoned to court over a ticket he never got and facing the prospect of a heafty fine,it has me slightly concerned.

    Is it a case of going into a garda station and asking them to check pulse or what?

    Thanks

    If you dont hear anything within 6 months your off the hook.

    It may be possible that the rental car company were issued the fine.


  • Registered Users, Registered Users 2 Posts: 12,776 ✭✭✭✭galwaytt


    Del2005 wrote: »
    I stand to be corrected but have they not changed the law recently where the I never got it excuse isn't available any more or are they going to change it?

    you're right, they no longer have to provide 'proof-of-receipt' for the notices by the defendant.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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  • Registered Users, Registered Users 2 Posts: 19,013 ✭✭✭✭Del2005


    If you dont hear anything within 6 months your off the hook.

    It may be possible that the rental car company were issued the fine.

    They have 6 months to apply for a summons, not to send it out.


  • Registered Users, Registered Users 2 Posts: 915 ✭✭✭The Nutty M


    When you were pulled over, did the Garda know it was a rental car? If not, he might have discovered later that it was and decided that it was too much hassle to proceed with it.

    Yes he knew fully,I had the rental agreement as proof of insurance which I showed him along with my lovely clean licence :)

    I went in the garda station today and was informed there was no record of the anything on the computer and that the traffic cop has 6months to register the fine.So the officer on duty (I have his name) informed me to sit tight for another 4 months and see.

    I will ring the rental company tomorrow and inquire of anything having come up and see what they have to say.

    Thanks.


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