appealing penalty points

conork92

got a letter in the post this morning for 2 penalty points and an 80 euro fine but on the letter my address is wrong and 1 of the numbers is missing from my reg of my car . . . .would it be a good idea to go to court with this ?? how do you go about appealing ?? has anyone gone to court for this and won ???

MagicSean

If you want to appeal the ticket before going to court you can write to the local Superintendent and outline the error.

If you want to appeal it in court you can ignore the ticket and wait for the summons.

If you accept you were speeding then you can pay the fine and accept the points.

Those are the three options. A solicitor can best advise you of your best course of action.

slimjimmc

There have been loads of posts about this very topic and usual outcome is that if you fight it in court the judge can order the errors to be corrected on the spot and you'll still have a charge to answer.

dublin daz

I seen a similar thing in the Richmond Courts.

The Judge amended the summons. The car registration was incorrect, however the Garda had the note book showing the registration noted at the time of the offence.

Depends what you want to do. If you lose the appeal then be prepared for double points and a larger fine.

conork92

has any on here had any luck appealing stuff like this ?? or am i more den likely gonna lose if i bring it to court ????

Paulw

conork92 wrote: »

has any on here had any luck appealing stuff like this ?? or am i more den likely gonna lose if i bring it to court ????

It's much more likely that you'll get 4 points and the larger fine if you take this matter to court.

As has been said, the judge will simply update the documents and make the corrections in court.

Of course, there is always that 1 in a million chance that you'll get away with it, but you should still be prepared to get 4 points and a larger fine if you want to take that risk.

Scrappychimow

conork92 wrote: »

got a letter in the post this morning for 2 penalty points and an 80 euro fine but on the letter my address is wrong and 1 of the numbers is missing from my reg of my car . . . .would it be a good idea to go to court with this ?? how do you go about appealing ?? has anyone gone to court for this and won ???

The address on the letter can't be that wrong if you managed to get it in the post!? you did the crime now pay the f**king fine!

jblack

conork92 wrote: »

got a letter in the post this morning for 2 penalty points and an 80 euro fine but on the letter my address is wrong and 1 of the numbers is missing from my reg of my car . . . .would it be a good idea to go to court with this ?? how do you go about appealing ?? has anyone gone to court for this and won ???

Can I ask an obvious question; did you commit the alleged offence (don't actually answer that here)? If so pay the fine, if not get a solicitor or talk to the Guards.

conork92

Scrappychimow wrote: »

The address on the letter can't be that wrong if you managed to get it in the post!? you did the crime now pay the f**king fine!

wrong house number neighbour down the road dropped it up to the house . . . .hang on its not much of a crime is it . its not as if its armed robbery or anything . . fairly harsh to get points for what im getting them for . . . .if you had a slim chance to get off free from a fine and penalty points would you not try do the same ??

dublin daz

As a matter of curiosity, what do you intend telling the Judge if you go to court? Will you plead not guilty to the charge? - you don't need to answer sorry.

But you'll most likely be asked the simple question, did you or did you not commit the alleged offence.

There is very little time to get into excuses.

If you go to court I'd advise a solicitor.

conork92

dublin daz wrote: »

As a matter of curiosity, what do you intend telling the Judge if you go to court? Will you plead not guilty to the charge? - you don't need to answer sorry.

But you'll most likely be asked the simple question, did you or did you not commit the alleged offence.

There is very little time to get into excuses.

If you go to court I'd advise a solicitor.

well i was hoping id have a good chance of it being struck out seeing as how the address and reg of my car are wrong

445279.ie

conork92 wrote: »

dublin daz wrote: »

As a matter of curiosity, what do you intend telling the Judge if you go to court? Will you plead not guilty to the charge? - you don't need to answer sorry.

But you'll most likely be asked the simple question, did you or did you not commit the alleged offence.

There is very little time to get into excuses.

If you go to court I'd advise a solicitor.

well i was hoping id have a good chance of it being struck out seeing as how the address and reg of my car are wrong

As said already, extremely slim chance of getting off on that. The Garda will simply make an application to amend the summons which the Judge will grant

dublin daz

I'd still say get a solicitor.

I seen a case where the car reg was a incorrect. The driver showed his certificate / log book, the summons / fine was for a Cork car and his was Dublin.

Completely incorrect.

The judge just said 'were you in the bus lane' and the man said 'yes'

Judge said 'fined and convicted, 28 days to pay'

No if's and's or but's.

That's why I would say talk to a solicitor. It may end up bad if you represent yourself and don't know the procedure etc.

Best of luck anyway.

conork92

dublin daz wrote: »

I'd still say get a solicitor.

I seen a case where the car reg was a incorrect. The driver showed his certificate / log book, the summons / fine was for a Cork car and his was Dublin.

Completely incorrect.

The judge just said 'were you in the bus lane' and the man said 'yes'

Judge said 'fined and convicted, 28 days to pay'

No if's and's or but's.

That's why I would say talk to a solicitor. It may end up bad if you represent yourself and don't know the procedure etc.

Best of luck anyway.

ye gonna talk to a solicitor they'd no best what to do about it

dublin daz

Or perhaps talk to someone in Citizens Advice. They're usually solicitors / barristers.

Ask in the local centre when a rep from FLAC is doing a clinic.

Might save you a few euro.

conork92

dublin daz wrote: »

Or perhaps talk to someone in Citizens Advice. They're usually solicitors / barristers.

Ask in the local centre when a rep from FLAC is doing a clinic.

Might save you a few euro.

ye gonna look into that now . . . solicitor down the road from me charges 90 quid to talk to her so dont fancy payin that

Paulw

conork92 wrote: »

ye gonna look into that now . . . solicitor down the road from me charges 90 quid to talk to her so dont fancy payin that

From the look of things, it would be cheaper for you to just pay the fixed penalty notice and accept the points. :rolleyes:

I'm sure any solicitor will confirm this.

Lab_Mouse

445279.ie wrote: »

The Garda will simply make an application to amend the summons which the Judge will grant

surely he'll provide evidence that he got the details right and show that the summons is full of typo's?

Hoffmans

is this a gatso fine ? from one of them vans hidden off the roadside....

ok your address is wrong the reg is wrong and relates to another car unless theres a photo correcting this mistake its just junk mail.....
personally i would ignore it , going into court you would problally give them the ammo to renogiatate the paperwork against your favour.....

blueythebear

Hoffmans wrote: »

is this a gatso fine ? from one of them vans hidden off the roadside....

ok your address is wrong the reg is wrong and relates to another car unless theres a photo correcting this mistake its just junk mail.....
personally i would ignore it , going into court you would problally give them the ammo to renogiatate the paperwork against your favour.....

Do not listen to this "advice".

Going into court over this will not result in them renegotiating anything. There are no negotiations involved here.

If you go into court over this and claim that the summons is defective, the first thing that will happen is that the Garda will give evidence from his own notes that includes the correct details and the summons will be amended and you will be convicted. You will receive extra points on your license and the fine will be larger. You will also have wasted at least a morning of your own time or possibly an entire day.

Pay the fine, take the points or if you want, ask a solicitor for an opinion. Just bear in mind that there is a time limit on the fixed penalty notice which must be adhered to.

Hoffmans

personel opinions not advice dude...
, if he wants to pay a legal eagle say 300 quid im sure it would get struck out for him ...its all about the money money money....la,la,la,la

personally i have had some of these fictious pieces of junk mail lobbed in my letterbox and simply returned to sender not residing at this address, thats the end of it......

Zambia

One was probably telling you you no longer have a licence.

dublin daz

Hoffmans wrote: »

personally i have had some of these fictious pieces of junk mail lobbed in my letterbox and simply returned to sender not residing at this address, thats the end of it......

What did you do when the fictitious Garda called with the summons?

MagicSean

Hoffmans wrote: »

personel opinions not advice dude...
, if he wants to pay a legal eagle say 300 quid im sure it would get struck out for him ...its all about the money money money....la,la,la,la

personally i have had some of these fictious pieces of junk mail lobbed in my letterbox and simply returned to sender not residing at this address, thats the end of it......

That freeman **** works better on websites like Indymedia.