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Stopped By Gardai and asked to produce Licience+insurance

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Comments

  • Registered Users, Registered Users 2 Posts: 199 ✭✭as.eirinn


    Come back to me when you've actually seen what the O/P was requesting lad;)


    This was all i requested, signed and dated and stamped by the garda in charge...its really simple...a printout stamped is just as easy...


  • Registered Users, Registered Users 2 Posts: 3,107 ✭✭✭hi5


    If you had a receipt to prove you produced your documents at the Garda station and you showed this to the judge, wouldnt you be entitled to compensation for the loss of a days work.
    Could a judge request the Gardai pay this compensation and could this be a reason why the Gardai are reluctant to issue a receipt.

    The same thing happened to my own brother,had to go to court even though he produced documents at the station.
    Maybe its time to do a survey and find out exactly how many people this has happened to.


  • Banned (with Prison Access) Posts: 468 ✭✭J K


    The Dagda wrote: »
    And what say, for instance, the judge asked "why didn't you produce at the garda station, as directed to?"? Would the receipt, possibly, be of some use then? What do you reckon? :rolleyes:

    Where people maintain that they have produced, you never see a Judge dispute this. Firstly the law does not provide for the issue of a receipt (despite ops rubish) so the person cannot have one. Secondly the Court is interested in the important issue of whether the Defendant is licensed and insured and little interested in the technical breach of non production. There is a long list of cases to get through, they move along.

    Most supposed wrongfully issued summons are because the software automatically issues after ten days where in the past a grace period if a person produced within a couple or three weeks was accepted.


  • Banned (with Prison Access) Posts: 468 ✭✭J K


    hi5 wrote: »
    Iwouldnt you be entitled to compensation for the loss of a days work.

    You could well be. Sue the State. Get a legal team together. ass.eirinn could help out.


  • Closed Accounts Posts: 1,345 ✭✭✭The Dagda


    J K wrote: »
    Where people maintain that they have produced, you never see a Judge dispute this. Firstly the law does not provide for the issue of a receipt (despite ops rubish) so the person cannot have one. Secondly the Court is interested in the important issue of whether the Defendant is licensed and insured and little interested in the technical breach of non production. There is a long list of cases to get through, they move along.

    Most supposed wrongfully issued summons are because the software automatically issues after ten days where in the past a grace period if a person produced within a couple or three weeks was accepted.


    Look, the point of the OP was that he wanted to get a receipt, for peace-of-mind or whatever reason. Is this an outrageous request to make? I don't think it was, and I doubt any reasonable person would think it was either :(


  • Registered Users, Registered Users 2 Posts: 199 ✭✭as.eirinn


    J K wrote: »
    Where people maintain that they have produced, you never see a Judge dispute this. Firstly the law does not provide for the issue of a receipt (despite ops rubish) so the person cannot have one. Secondly the Court is interested in the important issue of whether the Defendant is licensed and insured and little interested in the technical breach of non production. There is a long list of cases to get through, they move along.

    Most supposed wrongfully issued summons are because the software automatically issues after ten days where in the past a grace period if a person produced within a couple or three weeks was accepted.


    So the gardai have broken the law...i have in my possesion 2 such reciepts both recieved with thanks...from helpful members of the AGS


  • Banned (with Prison Access) Posts: 468 ✭✭J K


    as.eirinn wrote: »
    So the gardai have broken the law...i have in my possesion 2 such reciepts both recieved with thanks...from helpful members of the AGS

    But do you not understand that if you were mistakenly summonsed these 'receipts' would not save you going to court. If you produce your dl and ins on the spot when demanded you cannot ever appear in court no matter what.


  • Closed Accounts Posts: 35 Ptotty


    J K wrote: »
    But do you not understand that if you were mistakenly summonsed these 'receipts' would not save you going to court. If you produce your dl and ins on the spot when demanded you cannot ever appear in court no matter what.

    And that's the real moral of the story my friends.
    Over & Out.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭dolby


    [QUOTE=cronin_j Anyway, moral of the story is always get a reciept of producing because ya never know, they might forget to click save, or the system might **** up, or ya might meet a guard who knows ya drive a modified car/doesnt like the look of ya and doesnt click save (yes this happens)[/QUOTE

    Yes this happens?.. explain this and proof it happens?..

    If you get a receipt or not, if you get summoned to court and have your documents correct on the date being stopped nothing will happen,
    so you having a slip of paper from a Garda station wont make a blind bit of difference, your summoned to court you have to go!


  • Registered Users, Registered Users 2 Posts: 199 ✭✭as.eirinn


    J K wrote: »
    But do you not understand that if you were mistakenly summonsed these 'receipts' would not save you going to court. If you produce your dl and ins on the spot when demanded you cannot ever appear in court no matter what.


    could i not contact the court clerk, bring everything down...tell them that a mistake was made and not have to appear in court?...the signed reciept with dated stamp would let them contact the garda that 'verified' thereby the onus would be on him to explain how the mistake happened...surely this is just common sense?


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  • Closed Accounts Posts: 1,345 ✭✭✭The Dagda


    Ptotty wrote: »
    And that's the real moral of the story my friends.
    Over & Out.

    I'm afraid it's not that simple, I've been stopped by a garda, asked for my licence and insurance certificate, and even though I had both documents in the car with me, I was still directed to present them a station! :eek:


  • Closed Accounts Posts: 1,345 ✭✭✭The Dagda


    dolby wrote: »
    If you get a receipt or not, if you get summoned to court and have your documents correct on the date being stopped nothing will happen,
    so you having a slip of paper from a Garda station wont make a blind bit of difference, your summoned to court you have to go!


    and as i've already asked, what if the judge asks why you had not presented your documents, as you'd been directed to? Would a receipt be helpful in that situation? :confused:


  • Registered Users, Registered Users 2 Posts: 44,080 ✭✭✭✭Micky Dolenz


    Getting a receipt makes perfect sense to me and it shouldn't be a big deal for the AGS, surely it's just a stamp.


  • Registered Users, Registered Users 2 Posts: 105 ✭✭dolby


    The Dagda wrote: »
    and as i've already asked, what if the judge asks why you had not presented your documents, as you'd been directed to? Would a receipt be helpful in that situation? :confused:

    Judge wont ask because the Garda would request to strike it out and doc are correct! ringing the court clerk! good luck with that..

    If you are summoned to court you have to go by law, even with a stamp of every garda station in ireland!!and nobody can tell you not to bother going garda,clerk etc..


  • Closed Accounts Posts: 1,345 ✭✭✭The Dagda


    dolby wrote: »
    Judge wont ask because the Garda would request to strike it out and doc are correct! ringing the court clerk! good luck with that.

    Can I get a receipt from you confirming that?... :rolleyes:


  • Closed Accounts Posts: 307 ✭✭artielange


    J K wrote: »
    But do you not understand that if you were mistakenly summonsed these 'receipts' would not save you going to court. If you produce your dl and ins on the spot when demanded you cannot ever appear in court no matter what.




    But what if like another poster had stated that a Guard had rang them to find out why they hadn't produced documents at station, surely they (receipts)would come in handy(provided the summons wasn't issued)


  • Registered Users, Registered Users 2 Posts: 199 ✭✭as.eirinn


    dolby wrote: »
    Judge wont ask because the Garda would request to strike it out and doc are correct! ringing the court clerk! good luck with that..

    If you are summoned to court you have to go by law, even with a stamp of every garda station in ireland!!and nobody can tell you not to bother going garda,clerk etc..


    So!...no protection for the citizen, no accountability for garda incompedence or just human or software errors...thats what youre saying


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    Ptotty wrote: »
    And that's the real moral of the story my friends.
    Over & Out.

    This is patently not true. To anyone who thinks once you are summonsed you have to turn up in court this is incorrect. It is at the garda's discretion whether he wants to settle the matter on the day with the judge without you needing to attend.

    A receipt may not be a guarentee you dont have to attend court but it would go a long way towards convincing the garda attending the case to have it struck out without you having to attend yourself.

    So the moral of the story is that a receipt would more than likely convince the doubting garda who doesnt see your details on the system that you have in fact produced and he will sort the matter out on the day for you without you wasting a day from work and the inconvenience of the situation.


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    dolby wrote: »
    If you are summoned to court you have to go by law, even with a stamp of every garda station in ireland!!and nobody can tell you not to bother going garda,clerk etc..

    Interent waffle at its finest :rolleyes:

    Explain to me what happens to people when they employ a solicitor or barrister to attend court on their behalf? Are they breaking the law?

    You can get the garda to have it struck out on the day without you needing to attend, a receipt will go a long way to getting the garda to believe you did produce as you said. I know in my case the garda doesnt believe I produced even though i had my solicitor partner with me to verify it to her when we called in. I may need to bring my partner to court on the day to verify this (she is an officer of the court and her testimony has extra weight over that of joe soap).


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  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    cpoh1 wrote: »
    Interent waffle at its finest :rolleyes:

    Explain to me what happens to people when they employ a solicitor or barrister to attend court on their behalf? Are they breaking the law?.

    Internet pedantry at it's finest :rolleyes:

    Everyone else was able to realise it meant the case was going ahead, whether you have a receipt or not, and not that the defendant must be physically in court for the case.


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    Stekelly wrote: »
    Internet pedantry at it's finest :rolleyes:

    Everyone else was able to realise it meant the case was going ahead, whether you have a receipt or not, and not that the defendant must be physically in court for the case.

    You're a confrontational guy aren't you Stephen Kelly? Are you like this in real life too or just behind a computer screen?
    dolby wrote: »
    If you are summoned to court you have to go by law, even with a stamp of every garda station in ireland!!and nobody can tell you not to bother going garda,clerk etc..

    Now tell me where it says or how you can deduce from this that he meant the case must go ahead and not that you have to turn up? Even if you did take it up like that then its still wrong, the garda can apply to have the case struck out on your behalf without any representation from you on the day assuming you can convince them the summons was made in error.

    Seriously unless you have something constructive/relevant/helpful to add then leave what is an informative decent thread alone. Good lad.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    cpoh1 wrote: »




    Now tell me where it says or how you can deduce from this that he meant the case must go ahead and not that you have to turn up? .

    Common sense.

    Everyone else got it. No one is forced to turn up for thses things for a start. You can go or send a solicitor. Hell if you fancy it you can just not turn up at all, you have to face consequences for that one.

    Your the one that came in with the sarcy attitude and roll eyes and I did was mockignly respond. I'll send you a big hug if your little feelings were hurt.


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    Stekelly wrote: »

    Everyone else got it. No one is forced to turn up for thses things for a start. You can go or send a solicitor. Hell if you fancy it you can just not turn up at all, you have to face consequences for that one.

    Who is everyone else? Nobody else deduced this but you. It was mis-information plain and simple. And you are still wrong, the thrid option you have ignored is if you can get the garda to have the summons struck out on the day without yourself or any representation being present and without any "consequences" as you call it.

    This is not pedantics, its a very important point that people need to be aware of, and in getting a receipt for your insurance production at your local station you are going a long way to avoiding a day in court. The garda i am dealing with doesnt believe I produced and wont strike it out on the day for me thus allowing me not to attend, a receipt would change everything. I know in my case it would save me 8 hours @ 50 euro per hour plus my partners afternoon off work to be there also. Is this still pedantic to you?

    Bah, i dont know why I reply to internet "warriors" like yourself.


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    Thread closed because people are getting personal and it's going to end in tears and bannings.


This discussion has been closed.
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