Summons for non-payment of fixed charge fine

_aggie_

I have received summons for allegedly unpaid fixed charge for driving offense, that occurred on the 30th June 2008. I have paid that fine straight away and have all documents available. I spoke to Payments Processing Office and it seems the Garda has issued two notices for the exact same offence, but under two different reference numbers.
Now, I was advised that even if so, I still need to attend the court and clarify the situation.
For me is obvious that the case will be dismissed as this was a clearly Garda' mistake. However what I want to know, if there will be any record that summons were issued against me, even if they were false, will that influence my mortgage application or any other aspect of life. The other thing, I need to have a day off to attend the court. In the view of Garda mistake, can I seek a compansation for loss of earnings?

partyguinness

_aggie_ wrote: »

I have received summons for allegedly unpaid fixed charge for driving offense, that occurred on the 30th June 2008. I have paid that fine straight away and have all documents available. I spoke to Payments Processing Office and it seems the Garda has issued two notices for the exact same offence, but under two different reference numbers.
Now, I was advised that even if so, I still need to attend the court and clarify the situation.
For me is obvious that the case will be dismissed as this was a clearly Garda' mistake. However what I want to know, if there will be any record that summons were issued against me, even if they were false, will that influence my mortgage application or any other aspect of life. The other thing, I need to have a day off to attend the court. In the view of Garda mistake, can I seek a compansation for loss of earnings?

Compensation - No
Mortgage Applications - No worry

Turn up to Court with evidence of payment and the Garda should just tell the Judge that he is offering no evidence and the matter will be struck out.

Are you absolutley sure the summons are for the exact same offence? If there were multiply offences you will get a summons for each one.

_aggie_

partyguinness wrote: »

Compensation - No
Mortgage Applications - No worry

Turn up to Court with evidence of payment and the Garda should just tell the Judge that he is offering no evidence and the matter will be struck out.

Are you absolutley sure the summons are for the exact same offence? If there were multiply offences you will get a summons for each one.

Hi,

I'm 100% sure. First I thought my payment was not processed correctly and I knew it was paid - I have a receipt. So I called payment office and the member of the staff there went through both references- the circumstances and details are exactly the same: same date, time, place. This is my first and only driving offence (78km/h by 60km/h allowed) and I will remember it long it seems..
I just think its absolutely horrendous that I need to go to court and explain myself if I have paid everything. And of top of that I will loose a day payment.
Is there no chance to get the money back even with a legal representative?

partyguinness

_aggie_ wrote: »

Hi,

I'm 100% sure. First I thought my payment was not processed correctly and I knew it was paid - I have a receipt. So I called payment office and the member of the staff there went through both references- the circumstances and details are exactly the same: same date, time, place. This is my first and only driving offence (78km/h by 60km/h allowed) and I will remember it long it seems..
I just think its absolutely horrendous that I need to go to court and explain myself if I have paid everything. And of top of that I will loose a day payment.
Is there no chance to get the money back even with a legal representative?

No chance I am afraid plus you will then have to pay for the legal representation.

Now you could try going to the Garda Station a few days before hand and having a chat with the Garda. Show him and explain everything. If he says he will withdraw the matter then take him at his word and you will not have to turn up.

_aggie_

partyguinness wrote: »

No chance I am afraid plus you will then have to pay for the legal representation.

Now you could try going to the Garda Station a few days before hand and having a chat with the Garda. Show him and explain everything. If he says he will withdraw the matter then take him at his word and you will not have to turn up.

Thanks for that, I think I will have a chat with him before, but would not risk not showing up in the court. This whole thing just scared the hell out of me and I really need to have that cleared up correctly.

Thanks a lot for all advise!

Cheers!

Glenn Quagmire

partyguinness wrote: »

No chance I am afraid plus you will then have to pay for the legal representation.

Now you could try going to the Garda Station a few days before hand and having a chat with the Garda. Show him and explain everything. If he says he will withdraw the matter then take him at his word and you will not have to turn up.

Why are the Gardai allowed to escape without penalty where they bring vexacious prosecutions? Are they even disclipined?

If you were to take a frivilous civil case you would be made pay costs. Why not the Gardai?

partyguinness

If the Gardai take a vexatious case against you then you can report it to the Ombudsman who will investiagte and then Civil Proceedings could be initiated.

Now in this instance it looks like a simple administrative error as opposed to anything malicious.

Sure it may be open to take a separate Civil Case to recover the lost days income but really who could be arsed if the Garda simply withdraws the matter..end of story.

Our man in Havana

I was told by a Garda that once the matter enters the fixed penalty system in Thurles there is no way to withdraw the case.

Pat Mustard

_aggie_ wrote: »

Thanks for that, I think I will have a chat with him before, but would not risk not showing up in the court.

If you want to make sure that your case gets struck out, then you should go along and make sure of it. It has happened that cases that were supposed to have been struck out did not get struck out. There are a number of reasons why this can happen and does happen.

It is a pain, but either you should go along or else get a solicitor to make sure of it for you. A solicitor shouldn't charge you much for this, assuming you get one who is going to be in court anyway. Remember, you will have already done most of the work in getting the Garda to consent to strike out the case.

_aggie_

I got feedback from Thurles office this afternoon - a written confirmation of the payment made including offence circumstances was sent to me in todays post.
I think this will be sufficient to present to the judge as the offence described in the summons has the same details..
I checked where's my Gardai station, its somewhere in dublin 2 and me chasing him from Swords out, its just loss of time again... Once I have a letter in my hand, will think of calling him, but maybe I'll just give him a free hand to discredit himself in court...

Our man in Havana

Once I have a letter in my hand, will think of calling him, but maybe I'll just give him a free hand to discredit himself in court...

Always fun.

_aggie_

Just to complete the thread, I got the letter today from Pat Costello, Higher Executive Officer at Processing Office in Thurles, confirming that the fixed charge was paid, but the notice was duplicated. So have now black in white that summons is issued unnecessarily. Long live the professionalism..

snicdhonn

Thanks for this thread. Exact same thing has jsut happened to me. So am confident it will eb sorted by Gardai now.

TheNog

_aggie_ wrote: »

I have received summons for allegedly unpaid fixed charge for driving offense, that occurred on the 30th June 2008. I have paid that fine straight away and have all documents available. I spoke to Payments Processing Office and it seems the Garda has issued two notices for the exact same offence, but under two different reference numbers.
Now, I was advised that even if so, I still need to attend the court and clarify the situation.
For me is obvious that the case will be dismissed as this was a clearly Garda' mistake. However what I want to know, if there will be any record that summons were issued against me, even if they were false, will that influence my mortgage application or any other aspect of life. The other thing, I need to have a day off to attend the court. In the view of Garda mistake, can I seek a compansation for loss of earnings?

OP what you can do write a letter to the Garda's Superintendent outlining the problem and attach copies of letters from FCPS office in Thurles and receipts etc. The summons can be withdrawn without you having to go to court at all.

It is something that happens from time to time. Unfortunately I did it twice myself. First time the person wrote into my Superintendent within the 56 day period (before summons was issued). I checked PULSE and realised I made a mistake. Had entered the incident and ran out to a call, came back and entered it again. I tick off each incident as I enter them but this time I didnt. The second time I caught it before a notice was issued and had it cancelled.

Haddockman wrote: »

I was told by a Garda that once the matter enters the fixed penalty system in Thurles there is no way to withdraw the case.

Not true. A superintendent can cancel the notice on PULSE before the notice is sent out if caught quick enough. Otherwise the way to go is what I have outlined above.