Garda protocol for not issuing speeding fines

schumacher · 10-02-2009 02:10AM #1

does anyone know the garda protocol for deciding not to issue speeding fines after been caught speeding? basically i was caught for speeding fined paid it got it back with a letter saying i didnt have to pay it. Rang the guards asked why they said it was grand. Got no reason why i didnt have to pay it on the letter or on the phone. Now am been brought to court over it and didnt keep the letter. i rang the guards they have no record of this letter nor the fixed charge processing office! Does anyone know how did could happen. All i know is that the letter i got was from an inspector.

goldie fish · 10-02-2009 02:24AM

U shoulda kept the letter. Did you pay in time?

schumacher · 10-02-2009 02:37AM

i know i shud have but i didnt! yeas i paid within the 21 days. I just find it so hard to believe that they do not have a record of it. They surely have to keep records!!

goldie fish · 10-02-2009 02:46AM

Just going through options here, did you pay it at the right station?

10-02-2009 11:48AM

city4life wrote: »

ring the garea fixed charge penatly office in capel st, d1

Are they not down on Parnell Street in Thurlas now??

opti76 · 10-02-2009 11:49AM

city4life wrote: »

ring the garea fixed charge penatly office in capel st, d1

gone fro capel st

racecourse rd in thurles now..

Eru · 10-02-2009 02:38PM

city4life wrote: »

ring the garea fixed charge penatly office in capel st, d1

grrrrrrrrrrr :mad:

tbh · 10-02-2009 09:26PM

maybe there was some sort of legal issue regarding the day they caught you, or the camera wasn't calibrated or something?

TheNog · 10-02-2009 09:37PM

OP

Get in contact with the Garda on the summons.

Faheywitane · 10-02-2009 10:07PM

opti76 wrote: »

gone fro capel st

racecourse rd in thurles now..

No Vetting Unit is on Racecourse Road.

FCPS Office is on Parnell st. Thurles.

schumacher · 10-02-2009 11:01PM

i rang the fixed charge processing office! they have no record that i paid! i spoke to the guard that issued the summons she has no record that i paid! i didnt send it to the wrong place i know that! now i just dont know what else to do!

drunkmonkey · 10-02-2009 11:08PM

schumacher wrote: »

All i know is that the letter i got was from an inspector.

Seems a bit odd that an inspector would send you the letter, shoud be the office in Thurles doing that...

I got one of those letters as well but I didn't pay the fine so it worked out grand for me....

did you pay it at the post office with your credit card, laser card or cheque...

schumacher · 10-02-2009 11:31PM

i know its odd but it did happen and no judge is going to believe me. When i got the letter saying i didnt have to pay but it gave no reason i just thought the guards messed it up but didnt want to admit it. Ive got noone to complain to I should not have to pay for a mistake in their recording system!! i paid by cheque

schumacher · 10-02-2009 11:32PM

drunkmonkey wrote: »

Seems a bit odd that an inspector would send you the letter, shoud be the office in Thurles doing that...

I got one of those letters as well but I didn't pay the fine so it worked out grand for me....

did you pay it at the post office with your credit card, laser card or cheque...

Was your letter from an inspector too?

drunkmonkey · 10-02-2009 11:58PM

schumacher wrote: »

i paid by cheque

well if you paid by cheque and it was cashed you should be able to see from your bank records, take that into court, the judge should take that as evidence you paid the fine...don't bother getting a solicitor it's a waste of money for something like this...you should be able to handle it yourself..

I don't know who wrote me the letter, I threw it away and never head another word about it...

schumacher · 14-02-2009 11:55PM

the cheque was returned to me with the letter! so it wasnt cashed so all i have is a stub of a cheque and that wont be enough proof. I rang the guards again and the same story. I rang a super thinking id get better treatment but they just dont care or wont admit that they are in the wrong. Im back to square one

Our man in Havana · 16-02-2009 11:49PM

I have often had letters from the Inspector in the FCPS when it was in Capel Street.

schumacher · 18-02-2009 11:01PM

i rang there twice and they have no record. I swear the guards are doing this on purpose. I cant understand how they could not have a copy of the letter they sent me. Ive been on to the garda station that issued the fine and to the superintendent and no one is doing anything. Does anyone know where I could make a complaint that would be listened to?

Esel · 19-02-2009 01:13AM

If you could establish that such letters are in fact issued, and in what circumstances, I would say you could use that information in your defense. If your circumstances fit, I would be hopeful that the fact that you do not have the actual letter would not invalidate your point, because if you still had it, you would not even be in court.

schumacher · 21-02-2009 10:19PM

op here. I am after discovering that the guards are after duplicating my fine ie they have me fined for speeding on 2 different days. One of them is terminated but it is not the one i am being brought to court for even though that was the letter they sent to me saying it was quashed. I was not stopped twice for speeding i also did not get two fines for speeding so the letter i received stating that the fine was quashed was obviously for the one i am being brought to court for. The guards know all this but refuse to see that it was a duplicate fine. What will i do now?

metman · 22-02-2009 01:29AM

I think the best thing you can do is seek legal advice prior to going to court as quite frankly your story sounds a little wafty, and the bench may think so too. This is not to say what you're saying isn't the truth, but you're not being overly clear nor concise. A legal professional may assist you in putting your thoughts/case/defence together in a more presentable way.

bryanmurr · 23-02-2009 03:00PM

would i be right in sayings that

1. you were sent two tickets by mistake. Prob down to an input error by the member
2. You got a letter saying one ticket was cancelled
3. Tried to pay the one that was cancelled, and got your cheque back?
4. Are going to court about the ticket that wasnt cancelled and you didnt pay? ((im not saying you didnt pay on purpose)

deadwood · 23-02-2009 11:03PM

bryanmurr wrote: »

would i be right in sayings that

1. you were sent two tickets by mistake. Prob down to an input error by the member
2. You got a letter saying one ticket was cancelled
3. Tried to pay the one that was cancelled, and got your cheque back?
4. Are going to court about the ticket that wasnt cancelled and you didnt pay? ((im not saying you didnt pay on purpose)

I'm getting one of my headaches.

TheNog · 24-02-2009 08:17AM

metman wrote: »

I think the best thing you can do is seek legal advice prior to going to court as quite frankly your story sounds a little wafty, and the bench may think so too. This is not to say what you're saying isn't the truth, but you're not being overly clear nor concise. A legal professional may assist you in putting your thoughts/case/defence together in a more presentable way.

OP as Metman says seek legal advice. We cannot and should not provide people ways to get around prosecutions.

schumacher · 27-02-2009 12:40AM

I have been to seek legal advice and he said what more than likely happened was that 2 fines were inputted into the computer. One was a mistake which they realised and I got a letter cancelling that but they forgot to send out a fine for the real offence. They only sent out 1 fine which they later cancelled. I am not trying to avoid prosecution and the solicitor said the case will nerly 99% be thrown out of court so I will get justice it looks like. I will keep you posted the court date is less than a week away.

fermoyboy · 02-03-2009 11:09AM

Gardai don't send out the fines for speeding so even if they realised that there was a mistake made you would've still received two fines to pay.

RangeR · 04-03-2009 04:58PM

schumacher wrote: »

I will keep you posted the court date is less than a week away.

Any update on what happened?

Our man in Havana · 04-03-2009 09:34PM

fermoyboy wrote: »

Gardai don't send out the fines for speeding so even if they realised that there was a mistake made you would've still received two fines to pay.

Who sends them out?

schumacher · 05-03-2009 12:14AM

Update: the judge accepted that I had only received one fine which i paid but they sent it back because it was the wrong date and that they had forgot to send out the proper fine to me so the case was dismissed. I just have to give evidence under oath thats all.

drunkmonkey · 05-03-2009 12:18AM

schumacher wrote: »

Update: the judge accepted that I had only received one fine which i paid but they sent it back because it was the wrong date and that they had forgot to send out the proper fine to me so the case was dismissed. I just have to give evidence under oath thats all.

did you go yourself or take a solicitor...

schumacher · 06-03-2009 11:02AM

I had a solicitor and went myself. He explained what had happened then I took the stand and did.

TheNog · 06-03-2009 12:36PM

Well after a cock up somwhere along the line it seems justice was served

OP go forth and tell all who will listen

daithip · 07-03-2009 11:06AM

Bond-007 wrote: »

Who sends them out?

Civil Servants in FCPS office

schumacher · 10-03-2009 09:38PM

happyhappy wrote: »

purely out of interest schumacher, how much did the solicitor charge you to defend the speeding fine?? in this case it was money well spent, but i'm just wondering what it cost you??

It only cost me €130 so it was well worth it. I'm from the country though. It costs so much more in Dublin.

Garda protocol for not issuing speeding fines

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