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*HELP* Court Fine

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  • 11-12-2011 12:10am
    #1
    GRosM
    Closed Accounts Posts: 7 ✭


    Hi, I got caught in an awkward situation and need some advice , any appreciated ! Basically the story is as follows..

    I recieved 4 summons in the post in June this year. One for not having DOE, one for not producing DOE, one for not having insurance, and one for not producing insurance. You see I was stopped about a month before I recieved these summons and was asked to produce license, insurance and DOE within 10 days to my local Garda Station, which I did 5 days later and all were photocopied and the garda told me she was to busy with people who were brought in to enter it into the system but that she will do it later on. (The only problem with my produced documentation was that my van recieved the DOE cert 2 days after I was stopped and I knew that may cause a problem.

    Anyway a month later I recieve for summons as listed above saying I produced nothing which I did meaning the garda didnt enter it in the system or whatever the do with the information. I actually contacted the garda who stopped me in the first place who then told me that I will still have to go to court in September as the dates are set but the first 3 would be struck out.

    On the day, someone else appeared in court for me as I was unable to and 3 of the summons were struck out as all the documentation was in fact produced it just wasnt registered but the having no DOE was adjourned until december because I did not have it when I was stopped. The person who was in court for me was told me the court date was 13th December which I recorded in my calendar on my phone and asked no more about it. I was expecting another summons in court for it but still never recieved one and assumed the date was still the 16th. This week when I came back to my home town (as I live and work in another county during the week) I had a letter from the courts which was not a registered later stating I had been fined €1000 for not appearing in court on the 6th December.

    Basically what I'm looking to find out is should I have recieved a summons before hand as the person who was in court for me had the wrong date? Any advice is much appreciated sorry for the long story !!
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    #2
    source
    Registered Users Posts: 5,283 ✭✭✭source


    GRosM wrote: »
    Hi, I got caught in an awkward situation and need some advice , any appreciated ! Basically the story is as follows..

    I recieved 4 summons in the post in June this year. One for not having DOE, one for not producing DOE, one for not having insurance, and one for not producing insurance. You see I was stopped about a month before I recieved these summons and was asked to produce license, insurance and DOE within 10 days to my local Garda Station, which I did 5 days later and all were photocopied and the garda told me she was to busy with people who were brought in to enter it into the system but that she will do it later on. (The only problem with my produced documentation was that my van recieved the DOE cert 2 days after I was stopped and I knew that may cause a problem.

    Anyway a month later I recieve for summons as listed above saying I produced nothing which I did meaning the garda didnt enter it in the system or whatever the do with the information. I actually contacted the garda who stopped me in the first place who then told me that I will still have to go to court in September as the dates are set but the first 3 would be struck out.

    On the day, someone else appeared in court for me as I was unable to and 3 of the summons were struck out as all the documentation was in fact produced it just wasnt registered but the having no DOE was adjourned until december because I did not have it when I was stopped. The person who was in court for me was told me the court date was 13th December which I recorded in my calendar on my phone and asked no more about it. I was expecting another summons in court for it but still never recieved one and assumed the date was still the 16th. This week when I came back to my home town (as I live and work in another county during the week) I had a letter from the courts which was not a registered later stating I had been fined €1000 for not appearing in court on the 6th December.

    Basically what I'm looking to find out is should I have recieved a summons before hand as the person who was in court for me had the wrong date? Any advice is much appreciated sorry for the long story !!

    No only one summons is issued, the adjournment date was given in court, that was an order from the judge that the case would be held on the next date an you were to appear.

    When you failed to appear you were convicted in your absence and fined You can appeal it if you so wish but judges tend to get their noses out of joint when a person doesn't show up for court.

    Either your friend gave you the wrong date or you forgot to go, either way you weren't in court when you should have been.


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    #3
    GRosM
    Closed Accounts Posts: 7 ✭GRosM


    source wrote: »
    No only one summons is issued, the adjournment date was given in court, that was an order from the judge that the case would be held on the next date an you were to appear.

    When you failed to appear you were convicted in your absence and fined You can appeal it if you so wish but judges tend to get their noses out of joint when a person doesn't show up for court.

    Either your friend gave you the wrong date or you forgot to go, either way you weren't in court when you should have been.

    Is there any possibility that my penalty would be increased as a result of appealing? The person who actually stood in court for me that date was a Garda, Im afraid of losing my license as its a vital part of my job. Thanks for your reply its much appreciated


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    #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    GRosM wrote: »
    Is there any possibility that my penalty would be increased as a result of appealing? The person who actually stood in court for me that date was a Garda, Im afraid of losing my license as its a vital part of my job. Thanks for your reply its much appreciated

    It is possible, I know some CC judges will as a matter of course never do it. Best bet is to get advice from a local solicitor, he will tell you if it is worth appealing, say he says the usual on appeal for that matter is 300 and cost 200 then worth it, otherwise say usual fine in CC is 750 but cost 500 then not worth appeal. Also appeal must be sought within 15 days, and I assume recogs has not been set so that will need to be done in the DC.

    BTW, this is the reason I always advise people to go to the Court themselves, it is always easier. Also as already stated, the adjourned date would not require a summons.


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    #5
    GRosM
    Closed Accounts Posts: 7 ✭GRosM


    ResearchWill wrote: »
    GRosM wrote: »
    Is there any possibility that my penalty would be increased as a result of appealing? The person who actually stood in court for me that date was a Garda, Im afraid of losing my license as its a vital part of my job. Thanks for your reply its much appreciated

    It is possible, I know some CC judges will as a matter of course never do it. Best bet is to get advice from a local solicitor, he will tell you if it is worth appealing, say he says the usual on appeal for that matter is 300 and cost 200 then worth it, otherwise say usual fine in CC is 750 but cost 500 then not worth appeal. Also appeal must be sought within 15 days, and I assume recogs has not been set so that will need to be done in the DC.

    BTW, this is the reason I always advise people to go to the Court themselves, it is always easier. Also as already stated, the adjourned date would not require a summons.
    Thanks for your reply its much appreciated, i am going to seek advice on Monday , as through fine is going to be tough but thank u all the same.


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    #6
    Corruptable
    Registered Users Posts: 317 ✭✭Corruptable


    GRosM wrote: »
    Thanks for your reply its much appreciated, i am going to seek advice on Monday , as through fine is going to be tough but thank u all the same.
    Don't ask me what I'm doing awake at this hour.

    They [the court] are generally flexible about the fine once you convey your willingness to pay as best you can over a defined period (e.g.: X EUR per week). Just learn from this experience that it's not worth chancing your arm in terms of paperwork for your vehicle.

    Let this be a lesson to you.


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    #7
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Corruptable wrote: »
    GRosM wrote: »
    Thanks for your reply its much appreciated, i am going to seek advice on Monday , as through fine is going to be tough but thank u all the same.
    Don't ask me what I'm doing awake at this hour.

    They [the court] are generally flexible about the fine once you convey your willingness to pay as best you can over a defined period (e.g.: X EUR per week). Just learn from this experience that it's not worth chancing your arm in terms of paperwork for your vehicle.

    Let this be a lesson to you.
    There is no need to pay the fine at all. There will be a short period of custody in lieu.


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    #8
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    bath handle wrote: »
    There is no need to pay the fine at all. There will be a short period of custody in lieu.
    Sorry that made me laugh... Have you ever spent a few nights in the cells?


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    #9
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Zambia wrote: »
    bath handle wrote: »
    There is no need to pay the fine at all. There will be a short period of custody in lieu.
    Sorry that made me laugh... Have you ever spent a few nights in the cells?
    who is talking about a few nights.


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    #10
    GRosM
    Closed Accounts Posts: 7 ✭GRosM


    bath handle wrote: »
    Zambia wrote: »
    bath handle wrote: »
    There is no need to pay the fine at all. There will be a short period of custody in lieu.
    Sorry that made me laugh... Have you ever spent a few nights in the cells?
    who is talking about a few nights.
    Thanks for the reply , will Definetly pay the fine before i go away, just hoping that other won't stop me from entering the states or australia


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    #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    GRosM wrote: »
    Thanks for the reply , will Definetly pay the fine before i go away, just hoping that other won't stop me from entering the states or australia

    From what i remember on visa applications to both road traffic offence are excluded, and do not eed to be disclosed.


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    #12
    GRosM
    Closed Accounts Posts: 7 ✭GRosM


    ResearchWill wrote: »
    GRosM wrote: »
    Thanks for the reply , will Definetly pay the fine before i go away, just hoping that other won't stop me from entering the states or australia

    From what i remember on visa applications to both road traffic offence are excluded, and do not eed to be disclosed.
    Thanks a million, u put my mind at ease


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