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Fixed Charge Notice-registered post?

  • 26-11-2014 7:22pm
    #1
    Ella Diablo
    Registered Users Posts: 10 ✭


    Hi,

    Do Fixed Charge notices or disqualification notices or penalty point notices come by Registered Post or ordinary post?


    If it's ordinary post and you do not recieve your notice, how can you prove it?


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Ella Diablo wrote: »
    Do Fixed Charge notices or disqualification notices or penalty point notices come by Registered Post or ordinary post?

    Ordinary post.
    Ella Diablo wrote: »
    If it's ordinary post and you do not recieve your notice, how can you prove it?

    You can't. How can you prove a negative?


  • #3
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    Paulw wrote: »
    Ordinary post.



    You can't. How can you prove a negative?

    What should you do though?


  • #4
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    And is there a time limit on the date a summons can be delivered, e.g does it have to be delivered a certainnumber of weeks before a court date, or can it be delvered at any time before the court date?


  • #5
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Ella Diablo wrote: »
    If it's ordinary post and you do not recieve your notice, how can you prove it?

    Evidence can be given by getting into the witness box and telling the court.


  • #6
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    The Mustard wrote: »
    Evidence can be given by getting into the witness box and telling the court.

    Which sounds terrifying.


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  • #7
    lawfilly
    Registered Users, Registered Users 2 Posts: 66 ✭✭lawfilly


    Ella Diablo wrote: »
    And is there a time limit on the date a summons can be delivered, e.g does it have to be delivered a certainnumber of weeks before a court date, or can it be delvered at any time before the court date?

    A summons has to be delivered within six months of the date of alleged offence.


  • #8
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    lawfilly wrote: »
    A summons has to be delivered within six months of the date of alleged offence.

    Thank you. I am asking for a friend, and what they asked is whether it has to be delivered a certain time in advance of the court date, possibly to give the person time to prepare. or can it be delivered at any time..up to the day before, or the week before or a few weeks before?


  • #9
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    lawfilly wrote: »
    A summons has to be delivered within six months of the date of alleged offence.

    I think was applied for and issued within the 6 months, but it was delivered to her outside of that. About 7 or 8 months after the offense, I am fairly certain.


  • #10
    lawfilly
    Registered Users, Registered Users 2 Posts: 66 ✭✭lawfilly


    Ella Diablo wrote: »
    Thank you. I am asking for a friend, and what they asked is whether it has to be delivered a certain time in advance of the court date, possibly to give the person time to prepare. or can it be delivered at any time..up to the day before, or the week before or a few weeks before?

    Anytime within six months! I would advise your friend to get legal advice in advance of any court date. Going to court can be intimidating if youre not used to the procedures. Free advice can be sought from any Free Legal Aid Centre.


  • #11
    source
    Registered Users, Registered Users 2 Posts: 5,288 ✭✭✭source


    lawfilly wrote: »
    A summons has to be delivered within six months of the date of alleged offence.

    Correction a summons must be applied for within 6 months of the date of the alleged offence. There is then, if memory serves me correctly, another 6 months to serve the summons.


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  • #12
    lawfilly
    Registered Users, Registered Users 2 Posts: 66 ✭✭lawfilly


    Ella Diablo wrote: »
    I think was applied for and issued within the 6 months, but it was delivered to her outside of that. About 7 or 8 months after the offense, I am fairly certain.

    Get legal advice if there is an issue with the date. Have solicitor check it over. In the event that the summons is out of date he/she may apply to have the charges struck.


  • #13
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    lawfilly wrote: »
    Anytime within six months! I would advise your friend to get legal advice in advance of any court date. Going to court can be intimidating if youre not used to the procedures. Free advice can be sought from any Free Legal Aid Centre.

    She knows. I think money is an issue. Thanks for your help, it is apreciated.


  • #14
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    source wrote: »
    Correction a summons must be applied for within 6 months of the date of the alleged offence. There is then, if memory serves me correctly, another 6 months to serve the summons.

    Ok, thanks. The court date is very close to when she was served the summons. I think it's only a few weeks from when she got it. It was issued weeks before she got it!


  • #15
    source
    Registered Users, Registered Users 2 Posts: 5,288 ✭✭✭source


    Ella Diablo wrote: »
    Ok, thanks. The court date is very close to when she was served the summons. I think it's only a few weeks from when she got it. It was issued weeks before she got it!

    I can't remember which, but summonses need to be served either 5 or 7 clear days before the court date. A few weeks is perfectly acceptable.


  • #16
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    source wrote: »
    I can't remember which, but summonses need to be served either 5 or 7 clear days before the court date. A few weeks is perfectly acceptable.

    Ah, well then!

    If she could prove that she never got the letter..


  • #17
    lawfilly
    Registered Users, Registered Users 2 Posts: 66 ✭✭lawfilly


    Ella Diablo wrote: »
    Ah, well then!

    If she could prove that she never got the letter..

    Any defect in service is cured by the person turning up in court! Generally service is either effected in person or by registered post. The summons exists to make sure you turn up in court to answer the complaint.

    Fixed penalty notices automatically generate a summons when not paid after 28 days.


  • #18
    Ella Diablo
    Registered Users Posts: 10 ✭Ella Diablo


    lawfilly wrote: »
    Any defect in service is cured by the person turning up in court! Generally service is either effected in person or by registered post. The summons exists to make sure you turn up in court to answer the complaint.

    She wasn't supposed to be going to court in the first place, and was expecting whatever fine and/or penalty in the post but she didn't get that. It seems like court's inevitable, I understand that.


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