Train Fine

GaGa25

Hi

Hoping someone can advise me here.

I received a train ticket fine last July I believe which was paid. It was paid well with in the 21 days.

I received a call this morning saying it hadn't been paid and that I was being summoned to appear in court.

Have they grounds to summon me to court? I have tried to expain the situation to them but they are insisting it wasn't paid.

Also, they had my address taken down wrong - correct Street, incorrect Number.

Can someone please advise?

junior_apollo

If they do take you to court tell them you dont live at that address and hence it isnt you.. Judge will throw it out... done annnnnnnnd done

antoinolachtnai

did you get a receipt?

Stark

junior_apollo wrote: »

If they do take you to court tell them you dont live at that address and hence it isnt you.. Judge will throw it out... done annnnnnnnd done

Eh no, the judge will just have it corrected there and then.

Ham'nd'egger

junior_apollo wrote: »

If they do take you to court tell them you dont live at that address and hence it isnt you.. Judge will throw it out... done annnnnnnnd done

That is not always the case and is a very risky thing to do. If you turn up to court a judge can assume you to have answered the summons simply on your being present in the court and speaking up.

OP, what sort of proof have you got to say the fine was paid? ie, a receipt or proof of transaction or some paper record of same. You need to find some way to back up your payment and get onto Irish Rail in case it's a simple clerical error.

GaGa25

I don't have any proof at all unfortunatey. I was told that I could pay the fine there and did so with cash.

I know, not the ideal scenario, but I didn't think anything would come of it, especially since it's been 8 or so months.

Eurrgh - really annoyed.

If I don't receive the Summons and don't appear in court what would happen then?

Thanks for your help guys - I don't seem to have the "Thanks" icon ..

antoinolachtnai

Did you pay the ticket inspector on the spot in cash? Or did you pay it at a desk?

Ham'nd'egger

GaGa25 wrote: »

I don't have any proof at all unfortunatey. I was told that I could pay the fine there and did so with cash.

I know, not the ideal scenario, but I didn't think anything would come of it, especially since it's been 8 or so months.

Eurrgh - really annoyed.

If I don't receive the Summons and don't appear in court what would happen then?

Thanks for your help guys - I don't seem to have the "Thanks" icon ..

Where did you pay the fine and do you remember if they made a note of it at the time? I'd strongly suggest you get onto Irish Rail to sort it out ASAP and see what you can sort with them before it comes to court and the related hassle.

If you don't receive a summons then you could presume that it wasn't issued. If it was issued, it would be physically given to you or to somebody on your behalf at your address by a Garda; it's not sent in the post like a chipper pamphlet:)

GaGa25

Also just to add . . . I boarded the train to Connolly (where a ticket is pretty much required unless I jump over barriers) And where I got on, there is Ticket Barriers there.

GaGa25

Thanks.

Just really worried about it.

The guy on the phone was really rude and accusing.

How long does a summons usually take to be issued / sent? I don't want to ignore it but if I didn't show would a warrant for arrest be sent out even though it's only a suppossed unpaid fine??

antoinolachtnai

You would need to get legal advice on that. It really depends on how they are pursuing it.

I would not advise ignoring a court summons.

I would consider writing a letter to them, going into as much detail as possible about what happened. That may satisfy them. Even if it doesn't, it will be a good thing to have if you end up in court with them.

lynchie

These stuations are always helped if you paid electronically for it as you can always get a copy of the transaction from your bank. However, with cash, unless you keep the receipt you cannot furnish proof of payment. It will be hard to convince a judge otherwise.

antoinolachtnai

I don't know if it's going to be as cut-and-dried as that.

Some judges are aware that the state companies are not always case studies in information processing, particularly where remote offices are involved. However, it does need to look like you are a reasonable person.

I would get a chain of correspondence going if I were you.

dmeehan

GaGa25 wrote: »

...

I received a call this morning saying it hadn't been paid and that I was being summoned to appear in court.

...

since when are summonses (pardon my spelling) dispatched via a phone call??

Agent Smith

dmeehan wrote: »

since when are summonses (pardon my spelling) dispatched via a phone call??

I wondered about that



If it does come via post.

Write out your Account of what happened. and TURN UP IN COURT ON THE DATE


And wear a suit. serriously!

antoinolachtnai

I would write immediately.

There is no point writing when the summons is out, or it will make it more difficult.

It is a great advantage to have correspondence on record before the summons is sent.

sdanseo

I would be very critical of a summons issued by phone, but this was not a summons - only a warning of one. Still, this should not be issued by phone either. Write by registered letter to Iarnród Éireann and ask them to furnish you with proof of the summons, and proof that they have no record of the fine being paid by return mail. See where you go from there.

If you don't receive a letter telling you to turn up in court, then it's not happening. It's always by post.

I hate to ask, but is there a possibility someone is winding you up?

GaGa25

Sorry - I received a call as they had my place of work from ID I produced.

They seemed to track me down this way. I don't think it was a Summons, more of, how did he put it, "a polite warning to notify me that this is what was happening"

I did offer to pay it again, which probably came across guilty, but he was being pretty nasty and calling me a liar.

I did ask too if there was any other emasures to avoid the court hearing but I was told no, that my responsibility had been to pay the fine, and I would now have to deal with a judge.

Thanks for the replies guys.