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Advice on wrong address on a speeding fine

  • 29-04-2009 12:30am
    #1
    Registered Users, Registered Users 2 Posts: 350 ✭✭


    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??


Comments

  • Closed Accounts Posts: 1,149 ✭✭✭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.


  • Closed Accounts Posts: 4,751 ✭✭✭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


  • Closed Accounts Posts: 350 ✭✭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!


  • Closed Accounts Posts: 10,898 ✭✭✭✭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


  • Registered Users, Registered Users 2 Posts: 15,258 ✭✭✭✭Rabies


    Moved and parked in Motors


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  • Registered Users, Registered Users 2 Posts: 1,022 ✭✭✭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.


  • Closed Accounts Posts: 64 ✭✭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.


  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 5,513 ✭✭✭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?

    :confused::confused::confused:


  • Registered Users, Registered Users 2 Posts: 2,089 ✭✭✭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!;)


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  • Closed Accounts Posts: 3,418 ✭✭✭Jip


    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'.


  • Registered Users, Registered Users 2 Posts: 1,215 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 7,436 ✭✭✭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

    MasteryDarts Ireland - Master your game!



  • Closed Accounts Posts: 575 ✭✭✭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!


  • Registered Users, Registered Users 2 Posts: 23,730 ✭✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭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)


  • Registered Users, Registered Users 2 Posts: 350 ✭✭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!


  • Registered Users, Registered Users 2 Posts: 23,694 ✭✭✭✭L-M


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


  • Registered Users, Registered Users 2 Posts: 350 ✭✭amybabes


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


  • Registered Users, Registered Users 2 Posts: 66,225 ✭✭✭✭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.


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  • Closed Accounts Posts: 1,131 ✭✭✭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?


  • Registered Users, Registered Users 2 Posts: 350 ✭✭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


  • Registered Users, Registered Users 2 Posts: 4,247 ✭✭✭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.

    3500037899_a29f7f931b.jpg


    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.

    3500039187_3c1e69062a.jpg

    🌞 3.8kwp, 🌞 Clonee, Dub.🌞



  • Registered Users, Registered Users 2 Posts: 5,513 ✭✭✭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


  • Registered Users, Registered Users 2 Posts: 4,384 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 350 ✭✭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


  • Closed Accounts Posts: 1,131 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 350 ✭✭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


  • Registered Users, Registered Users 2 Posts: 350 ✭✭amybabes


    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:


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  • Registered Users, Registered Users 2 Posts: 17,791 ✭✭✭✭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?


  • Registered Users, Registered Users 2 Posts: 350 ✭✭amybabes


    keane2097 wrote: »
    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?

    THANK YOU!!!

    like i was looking for advice, but im being attacked and having "for goodness sakes" thrown at me when some people aren't getting what the issue is.

    To make things clear:

    1) I NEVER GOT A SPEEDING FINE
    2) FIRST CORRESPONDANCE I GET IN RELATION TO THE SPEEDING OFFENCE IS A SUMMONS FOR NOT PAYING THE FINE (WHICH I NEVER GOT)
    3) THE SUMMONS FOUND ITS WAY TO MY PARENTS HOUSE, WHERE MY CAR IS REGISTERED TO, the address on the summons was wrong and when i checked with the gardai they checked their computer and the original speeding fine had also been sent out to the wrong address, which was the wrong number house in my estate....70 instead of 170


  • Registered Users, Registered Users 2 Posts: 350 ✭✭amybabes


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



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

    Well when i am dealing with people who cant read my post, understand what i am saying and offer useful advice then i guess "my attitude sets in"
    :P:P


  • Closed Accounts Posts: 5,429 ✭✭✭testicle


    Some people posting in this thread are talking out their holes. They're nothing other than old biddies with nothing better to do than natter in the local shop.

    You will get off, but you need a solicitor - about €150 - better than 4 points though! How do I know?

    Read this :- http://boards.ie/vbulletin/showthread.php?t=2055351343


  • Registered Users, Registered Users 2 Posts: 350 ✭✭amybabes


    testicle wrote: »
    Some people posting in this thread are talking out their holes. They're nothing other than old biddies with nothing better to do than natter in the local shop.

    You will get off, but you need a solicitor - about €150 - better than 4 points though! How do I know?

    Read this :- http://boards.ie/vbulletin/showthread.php?t=2055351343

    thanks a million, heading to court tuesday morning so ill let u know how it goes! your post was very useful, its a pity i didnt find it when i searched before posting this one!! wouldve saved me alot of "oh for goodness sakes" and people giving out to me when its none of their business.....believe me if i wanted that, i would have told my mother!!

    thanks for your help! amy x


  • Closed Accounts Posts: 1,131 ✭✭✭MissHoneyBun


    amybabes wrote: »
    wouldve saved me alot of "oh for goodness sakes" and people giving out to me when its none of their business.....believe me if i wanted that, i would have told my mother!!

    Look you put this information into the public arena so spare me the 'none of their business' sh1te. People here generally try their best to give advice and all you can do is whinge when you get anything other than the pity you're looking for. Apologies if I misinterpreted your posts but yours is a complicated situation and your information was often ambiguous.

    I wasn't going to post this but you've carried on relentlessly sniping at people who were trying to help you. The facts of the matter remain, you were speeding so ultimately you have no-one but yourself to blame. Quit with the belly aching and live with the consequences, even the mistakes made on the guard's behalf! Sh1t happens all the time that's not fair Amy, it's called life. To be honest, given your childish attitude I hope you never drive again.

    Good day.


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  • Registered Users, Registered Users 2 Posts: 23,694 ✭✭✭✭L-M


    Easy does it now.


  • Closed Accounts Posts: 5,429 ✭✭✭testicle


    Look you put this information into the public arena so spare me the 'none of their business' sh1te. People here generally try their best to give advice and all you can do is whinge when you get anything other than the pity you're looking for. Apologies if I misinterpreted your posts but yours is a complicated situation and your information was often ambiguous.

    I wasn't going to post this but you've carried on relentlessly sniping at people who were trying to help you. The facts of the matter remain, you were speeding so ultimately you have no-one but yourself to blame. Quit with the belly aching and live with the consequences, even the mistakes made on the guard's behalf! Sh1t happens all the time that's not fair Amy, it's called life. To be honest, given your childish attitude I hope you never drive again.

    Good day.

    You are one of the old biddies to whom I was referring.

    There must have been a sale on in High Horses lately.


  • Registered Users, Registered Users 2 Posts: 350 ✭✭amybabes


    Look you put this information into the public arena so spare me the 'none of their business' sh1te. People here generally try their best to give advice and all you can do is whinge when you get anything other than the pity you're looking for. Apologies if I misinterpreted your posts but yours is a complicated situation and your information was often ambiguous.

    I wasn't going to post this but you've carried on relentlessly sniping at people who were trying to help you. The facts of the matter remain, you were speeding so ultimately you have no-one but yourself to blame. Quit with the belly aching and live with the consequences, even the mistakes made on the guard's behalf! Sh1t happens all the time that's not fair Amy, it's called life. To be honest, given your childish attitude I hope you never drive again.

    Good day.

    My original post was titled advice on wrong address on speeding fine, not come have a go at me for being caught speeding
    Everyone else's post offered advice of some sort, so i was in no way "sniping at people who were trying to help me" it was just your posts i was referring to, as it had nothing to do with the actual problem....if you wish to give out about people speeding......start your own thread by all means. I'm not whinging or looking for pity at all, just advice on what to expect in court etc.

    and THANK YOU for posting unhelpful and irrelevant posts under this thread, i think that you have been the one sniping and being childish here.
    GOOD DAY INDEED :p:p:p:rolleyes::rolleyes::rolleyes:


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    amybabes wrote: »
    My original post was titled advice on wrong address on speeding fine, not come have a go at me for being caught speeding
    Everyone else's post offered advice of some sort, so i was in no way "sniping at people who were trying to help me" it was just your posts i was referring to, as it had nothing to do with the actual problem....if you wish to give out about people speeding......start your own thread by all means. I'm not whinging or looking for pity at all, just advice on what to expect in court etc.

    and THANK YOU for posting unhelpful and irrelevant posts under this thread, i think that you have been the one sniping and being childish here.
    GOOD DAY INDEED :p:p:p:rolleyes::rolleyes::rolleyes:
    TBH, I think if you go in front of the judge and explain what happened they'll just give you the original €80 fine and 2 points. If it were me, I wouldn't even bother with a solicitor - contrary to the impression given by this thread, it's not exactly a complicated story.


  • Moderators, Politics Moderators Posts: 41,647 Mod ✭✭✭✭Seth Brundle


    Anan1 wrote: »
    TBH, I think if you go in front of the judge and explain what happened they'll just give you the original €80 fine and 2 points. If it were me, I wouldn't even bother with a solicitor - contrary to the impression given by this thread, it's not exactly a complicated story.
    +1
    I think this thread has been answered now so lets let it die peacefully.


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