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Summons through post box?

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  • 01-09-2008 11:18am
    #1
    Robertr
    Registered Users Posts: 729 ✭✭✭


    Hi All,

    I was stopped last December for using a mobile phone in my car. I got the fine but sent it back a few days late. I then got a latter saying that they were unable to accept payment. That was it. No further instructions or anything. I assumed that it had been cancelled for some technicality or something.

    Anyway, forgot all about it until this weekend. On Sunday morning I got up to find an envelope that had been put through my letter box. It had now postage marks and was not even sealed. It is a summons to appear at court this Friday for the above charge that had an issue date of 22 Feb.

    Now I have no interest in contesting the charge but don't think that I should risk getting 4 points instead of 2 when I did nothing wrong.

    From reading the rules on a summons I thought it have to be delivered by registered post within 21 days or in person within 7 days? I had neither. Doe that make it invalid?

    Also, would I be better off just explaining the situation to the judge and hope that he does not give me extra points?

    If I contact the Garda involved would we be able to sort it out before going to court.

    Thanks for the advice.


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    #2
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    You could try the Garda, but I'd say it's a bit late...........you could tell him you did send it in, and ask him to mention that when he's called on the day.

    You should also tell the judge - but make sure you have evidence of that sending, and the response - he has discrection - the extra points are not automatic.

    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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    #3
    chrisp2281
    Registered Users Posts: 127 ✭✭chrisp2281


    Robertr wrote: »
    Hi All,

    I was stopped last December for using a mobile phone in my car. I got the fine but sent it back a few days late. I then got a latter saying that they were unable to accept payment. That was it. No further instructions or anything. I assumed that it had been cancelled for some technicality or something.

    Anyway, forgot all about it until this weekend. On Sunday morning I got up to find an envelope that had been put through my letter box. It had now postage marks and was not even sealed. It is a summons to appear at court this Friday for the above charge that had an issue date of 22 Feb.

    Now I have no interest in contesting the charge but don't think that I should risk getting 4 points instead of 2 when I did nothing wrong.

    From reading the rules on a summons I thought it have to be delivered by registered post within 21 days or in person within 7 days? I had neither. Doe that make it invalid?

    Also, would I be better off just explaining the situation to the judge and hope that he does not give me extra points?

    If I contact the Garda involved would we be able to sort it out before going to court.

    Thanks for the advice.

    Unfortunately, a garda no longer has to hand deliver a summons or send it by registered post. You are better off just going to court, pleading guilty and saying that you will pay the original fine and accept the 2 points. This normally will suffice


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    #4
    gurramok
    Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    That summons is maybe more than 6 months out of date making it invalid.

    Someone with a legal mind might know more on this.


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    #5
    TheNog
    Registered Users Posts: 4,160 ✭✭✭TheNog


    gurramok wrote: »
    That summons is maybe more than 6 months out of date making it invalid.

    Someone with a legal mind might know more on this.
    On the summons it will specify "on date an application to the court". If that date is within 6 months after the offence then the summons is legal. I haven't come across a summons which was statute barred yet.

    The summons can be served after six months


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