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https://www.boards.ie/discussion/2055940817/signature-rules

Overcharge speed limit fine

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    #32
    colm_mcm
    Registered Users Posts: 73,449 ✭✭✭✭colm_mcm


    BrunoBS wrote: »
    Hi. Thanks!

    That is exactly the loop I was mentioning (even over the phone, the officer agreed with me, although he could not do anything about it). I tried to change the address in the motor tax website and I could only do that when paying the next motor tax, which happened in August. So I was forced to wait this timeframe to make the change.

    You need to actually sign and return the current VRC for the change of address to fully go through.


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    #33
    BrunoBS
    Registered Users Posts: 18 ✭BrunoBS


    Iseedeadpixels wrote: »
    TIL, thats why I thought it was odd never heard of it happening before, sorry OP I admit I was wrong :o I would pay the fine now as the Judge will just add on the extra points and you'll be hit harder come insurance renewal.

    Thanks... you're right. It looks like this is the less painful decision...:(


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    #34
    BrunoBS
    Registered Users Posts: 18 ✭BrunoBS


    RobbieMD wrote: »
    I get that alright. But the upside of the new procedure means a court date is not mandatory.

    The old way it worked, on the summons date either the judge would accept you didn’t get the notice and strike it out, or as one judge used to say; An Post deliver 95% of post in X days. And she’d take no nonsense and people like yourself who genuinely didn’t receive the notice would be convicted, fined and given twice the penalty points.

    In court upon conviction the judge has no discretion regarding penalty points and they double. They can vary the fine. The standard fine would be higher than €160 in the FCN too.

    Thanks. I won't chance it. Will pay the fine before the deadline and "live with that" :)


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    #35
    BrunoBS
    Registered Users Posts: 18 ✭BrunoBS


    colm_mcm wrote: »
    You need to actually sign and return the current VRC for the change of address to fully go through.

    Thanks for that info. I'll review that I got it right. Cheers.


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    #36
    GM228
    Registered Users Posts: 8,922 ✭✭✭GM228


    RobbieMD wrote: »
    The FCPN procedure changed in the last year or so. Too many cases where being struck out if the defendant would swear on oath they never received the original FCN in the post.

    The yellow summons offers a final time to pay the fine at twice the ordinary amount. Should you fail to pay you must attend the court date on the yellow notice. I hope this clears it up for you.

    The summons is accompanied by the new "Section 44" notice which is now declared unconstitutional.

    https://www.boards.ie/vbulletin/showthread.php?t=2057811614&page=1

    The defence of I didn't get the original FCPN is now back on the table with both postage and receipt of summons having to be proved by the state.


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    #37
    BrunoBS
    Registered Users Posts: 18 ✭BrunoBS


    GM228 wrote: »
    The summons is accompanied by the new "Section 44" notice which is now declared unconstitutional.



    The defence of I didn't get the original FCPN is now back on the table with both postage and receipt of summons having to be proved by the state.

    Thank you very much for this information. I've found a few reports on the same, but was not sure if that would be enough for an appeal. I'll discuss this with a solicitor and check whether we can use it to reduce the charge.

    Thank you again. :)


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