Advice on wrong address on a speeding fine

amybabes

Hi all,

to cut a long story short....got caught speeding, fine never came, first i hear of it a summons is sent to my parents house, where my car is registered to my permanent address,

the address is wrong on the summons, its down as number 70 instead of 170 and the name of the estate is spelt wrong.
i now HAVE to go to court, as i cannot pay the 80euro fine and take the 2 penalty points. Has anyone ever experienced this, and what can i expect to be the outcome from going to court??

skyhighflyer

amybabes wrote: »

Hi all,

to cut a long story short....got caught speeding, fine never came, first i hear of it a summons is sent to my parents house, where my car is registered to my permanent address,

the address is wrong on the summons, its down as number 70 instead of 170 and the name of the estate is spelt wrong.
i now HAVE to go to court, as i cannot pay the 80euro fine and take the 2 penalty points. Has anyone ever experienced this, and what can i expect to be the outcome from going to court??

Lawyer up, you might get off. Either that or print out the responses you get from AH and show it to the judge on the day. Let us know how you get on.

newballsplease

im nearly sure you can get off this as they got your address wrong. everything is supposed to be 100% right when a garda fill out a summons/fine

b28

i have 10 penalty points and I should have 14 but the gards in co.xxxxx were good enuf not to issue them!
if its ur first 2 penalty points just deal with them! your insurance wont go up and you wont have any problem if you dont get more! deal with it!
but if u cud get away with it do indeed! why pay 80euro to pigs who are biased enuf to fine u for the type of car you drive and the fact you were over the limit! they're like legal racists if you ask me!

seanybiker

you will get off with it. Nice one. As far as I know they have to have facts and since they gave wrong address that not a fact. Your grand boy. Slow down ha ha

Rabies

Moved and parked in Motors

johnny_knoxvile

If the summons was served on you, either you or your family accepted the letter or it was hand delivered by the Garda.

Either way its considered served on you. The fact that there is a mis-spelling on a warrant or summons has no legal bearing it can be amended in court in on the day. People assume if there is a wrong address it renders summonses or warrants void, well it doesnt.

awkward

amybabes wrote: »

as i cannot pay the 80euro fine and take the 2 penalty points

What makes YOU so special. Man up and go to court or get some 'real' legal advise.

Paddy001

awkward wrote: »

What makes YOU so special. Man up and go to court or get some 'real' legal advise.

read the post. He cannot pay them as he never got the letter, thats why not because hes special.

Sleipnir

b28 wrote: »

pigs who are biased enuf to fine u for the type of car you drive and the fact you were over the limit!

Garda: "You're driving a boy racer car and doing 120 in a 60 zone"
You: "You're a bit biased aren't you?

paddydriver

b28 wrote: »

i have 10 penalty points and I should have 14 but the gards in co.xxxxx were good enuf not to issue them!
if its ur first 2 penalty points just deal with them! your insurance wont go up and you wont have any problem if you dont get more! deal with it!
but if u cud get away with it do indeed! why pay 80euro to pigs who are biased enuf to fine u for the type of car you drive and the fact you were over the limit! they're like legal racists if you ask me!

Guess that means its time to slow down a little... deal with it!;)

Jip

skyhighflyer wrote: »

Lawyer up, you might get off. Either that or print out the responses you get from AH and show it to the judge on the day. Let us know how you get on.

If he claims he can't afford a €80 fine I doubt he'll manage a solicitor or lawyer.

have 10 penalty points and I should have 14 but the gards in co.xxxxx were good enuf not to issue them!
if its ur first 2 penalty points just deal with them! your insurance wont go up and you wont have any problem if you dont get more! deal with it!
but if u cud get away with it do indeed! why pay 80euro to pigs who are biased enuf to fine u for the type of car you drive and the fact you were over the limit! they're like legal racists if you ask me!

It's a pity the spelling and grammar police can't issue points, that way I'm sure you'll have a ban by now and no more reading about the 'pigs'.

Pedro K

b28 wrote: »

i have 10 penalty points and I should have 14 but the gards in co.xxxxx were good enuf not to issue them!
if its ur first 2 penalty points just deal with them! your insurance wont go up and you wont have any problem if you dont get more! deal with it!
but if u cud get away with it do indeed! why pay 80euro to pigs who are biased enuf to fine u for the type of car you drive and the fact you were over the limit! they're like legal racists if you ask me!

Sorry, what?

Jip wrote: »

If he claims he can't afford a €80 fine I doubt he'll manage a solicitor or lawyer.

I don't think it's a matter of being able to afford the €80 or not.

OP said she now has to go to court. She never got the letter telling her she had a fine to pay, and has been summoned as a result of not paying the fine.

bladespin

awkward wrote: »

What makes YOU so special. Man up and go to court or get some 'real' legal advise.

:rolleyes: Can't pay it because that's not an option anymore, court apperance due to non payment.

To the OP, you have a very strong argument re the address,you may not even need a solicitor as most judges would see how you didn't pay on time, I'd recommend getting one to be safe though

Dabko

Q: How do most people in Ireland get off penalty points?

A: "Eh, i never received the letter in the post"

Job done. Hammer down. Case dismissed. Next.......


If the f**king idiots who look after the administration within the RSA sent All fixed notice fines by REGISTERED post, no c**t would get away with the fines or points and the stupid ba5tard exchequer would have plenty more cash to pis5 away!

mickdw

Dabko wrote: »

Q: How do most people in Ireland get off penalty points?

A: "Eh, i never received the letter in the post"

Job done. Hammer down. Case dismissed. Next.......

quote]

That is 100% correct. You dont even need a solicitor. Go to court, be polite. When case is called, stand up, say you have no problem with the points. Acknowledge that you were speeding and would have paid but you never recieved the notice in the post.

Case dismissed. Its happening in every court room every day. The judge is powerless. Until they register the post, its a stupid system.

Hooch

seanybiker wrote: »

you will get off with it. Nice one. As far as I know they have to have facts and since they gave wrong address that not a fact. Your grand boy. Slow down ha ha

mickdw wrote: »

Dabko wrote: »

Q: How do most people in Ireland get off penalty points?

A: "Eh, i never received the letter in the post"

Job done. Hammer down. Case dismissed. Next.......

quote]

That is 100% correct. You dont even need a solicitor. Go to court, be polite. When case is called, stand up, say you have no problem with the points. Acknowledge that you were speeding and would have paid but you never recieved the notice in the post.

Case dismissed. Its happening in every court room every day. The judge is powerless. Until they register the post, its a stupid system.

OP above posters are 100%. Only thing is you must give sworn evidence as to the fact it wasnt delievered. You must also call, as witnesses, anyone who lives in you residence to give the same evidence as the presumption in law is that you received it. Its up to you to prove you didnt. As for the summons, it can be amended in court and it has been served on you already. Also make sure that your licence has correct address on it (you are obliged to bring it to court, written on the summons)

amybabes

thanks to all who have replied so far!

1) I AM FEMALE.... just for the "man up" and go to court comment!
2) I do not consider myself to be "special", I hold my hands up that i was speeding, but i never received the fine because the speeding fine had the wrong address on it, as did the summons....

Once a summons is issued.....the original fine (80 euro) and originally points (2) are no longer an option, so that is what I meant when i said i cannot pay the 80 euro and accept the 2 points at this stage!
As far as i know, once you are brought to court for non payment...if the judge rules against you, its automatically brought up to 4 points and a more expensive fine!

I am a student, starting my finals this week, so time and money are in short supply. It is the ultimate pain in the ass having to go to court over this (which is a good 50 mins drive away from where i live) and sit around for a few hours prob, when it is the fault of the Gardai that i never received the fine....due to them putting the wrong address on ALL correspondance relating to my speeding offence.

Thanks to those who provided helpful advice!
Do you think I need a solicitor and how much would this cost? I am saving my ass off to go to Oz in 6 weeks so if i can avoid having to get a solicitor I will....but if it is recommended that i get one then i will, to be safe!

I just wanted to pay the 80 euro and take the 2 points in the first place!

L-M

What happens in the case that your taxbook has the wrong address on it?

amybabes

Also, if they throw the case out over the wrong address situation, what does that mean?? No points and no fine?

unkel

b28 wrote: »

why pay 80euro to pigs who are biased enuf to fine u for the type of car you drive and the fact you were over the limit! they're like legal racists if you ask me!

You posted this in a different forum, so I'm not going to punish you for it, but next time you post crap like that in motors, you're going on a little time out.

MissHoneyBun

amybabes wrote: »

got caught speeding, fine never came, first i hear of it a summons is sent to my parents house, where my car is registered to my permanent address,

the address is wrong on the summons, its down as number 70 instead of 170 and the name of the estate is spelt wrong.

Eh, if the address is wrong on the summons then how did they end up at the right house to deliver it?

amybabes

my address is in limerick,

the summons ended up at my parents house in kilkenny which is my permanent address, where my car is registered to

rameire

Talking of speeding.
The car to the right of the first pic was done for speeding on the n7 yesterday, car was probably doing at least 125km/h before noticing the Garda car.




the second pic show the car being pulled off the road.
at the topaz junction going south on the N7.

the car on the right is the Garda.

Sleipnir

amybabes wrote: »

my address is in limerick,

the summons ended up at my parents house in kilkenny which is my permanent address, where my car is registered to

Oddly enough, there's an article in d'dindo today about the wrong address on summonses.

http://www.independent.ie/national-news/dangerous-drivers-oneinfour-gets-off-1727863.html

pred racer

amybabes wrote: »

my address is in limerick,

the summons ended up at my parents house in kilkenny which is my permanent address, where my car is registered to

So you mean they sent it to the address on your licence/car registration?
Then its not the garda's fault you didnt get it.
the above posters are 100% correct that if sent to the wrong address the judge will throw it out, but in this case it was sent to the correct address but you were not there to recieve it.

I think you are going to have to take this one on the chin.

amybabes

no u have it wrong....

i never got the original fine.....it was presuably sent to 70 ******** rather than 170 ***** where i live, as this was the address that was on the summons which eventually found its way to the address that my car is registered to in a different county!!

so i never got the speeding fine, to my address or my permanent address
the first i hear of it is when the summons went to my permanent address, at this stage i hadnt heard anything about the fine,

thats what the problem is....i never got a fine, just the summons for not paying the fine, and when the summons is issued, u have to go to court no matter what the circumstances for not paying the fine are!!

have explained my dilemma more than once!! i know its a tricky situation but u are reading it wrong

MissHoneyBun

pred racer wrote: »

So you mean they sent it to the address on your licence/car registration?
Then its not the garda's fault you didnt get it.

Exactly what I thought. The address your car is registered to is not the wrong address for goodness sake.

Basically, you were caught speeding so you deserve to be reprimanded. Speeding is irresponsible and unnecessary and this might make you think twice before you go tearing around again.

amybabes wrote: »

have explained my dilemma more than once!!

You might want to lose that attitude when your in front of a judge.

amybabes

Sleipnir wrote: »

Oddly enough, there's an article in d'dindo today about the wrong address on summonses.

http://www.independent.ie/national-news/dangerous-drivers-oneinfour-gets-off-1727863.html

thanks for posting this, it really has me worried though as i am in court tomorrow week.

because i am a student, but have been in the address that i supplied the garda with since the speeding offence, so i havent moved. i know that there are people who are trying to get away with this stuff every day of the week and it must really upset road victims families etc, but in my defence-i was caught speeding once in my 4 years of driving, and being honest it really hit home wit me, i was on a dual carriageway so i didnt even notice myslef creeping over the 100km limit. i watch myself a lot more since.
i just wanted 2 take the 2 penalty points and pay the 80 euro fine, however since they put the wrong number house on my fine i never got it, i only got the summons for not paying the fine, which was originally also sent to the wrong address but showed up at my permanent address.

so now if the judge decides to be strict, im going to face 4 penalty points and upto 800 euro of a fine. ive decided to hire a solicitor (more expense on me because the guards sent it 2 d wrong number house) because im afraid of the chance that it wont be struck out

amybabes

MissHoneyBun wrote: »

Exactly what I thought. The address your car is registered to is not the wrong address for goodness sake.

Basically, you were caught speeding so you deserve to be reprimanded. Speeding is irresponsible and unnecessary and this might make you think twice before you go tearing around again.

i agree that i was caught speeding and deserve to get the 2 points and 80 euro fine,

ur not getting the problem here at all, i never got the fecking fine, just the summons to go to court for not paying the fine, i was sitting around waiting for the fine to come so i could pay it!! so now i may face double the points and double the fine or even more because the guards sent the fine to the wrong address. READ what i have said before u go attacking me because u are not getting it at all :mad::mad::mad:

keane2097

Lads the amount of people just waddling in and giving useless advice based on incorrect assumptions is unbelievable...

Hasn't anyone actually read the OP?