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Court Summons for Speeding

  • 23-09-2009 6:07pm
    #1
    Closed Accounts Posts: 1 burgess


    Today a local Garda arrived to my door to issue me with a summons to appear in court next Wednesday for not paying a speeding fine from February. I was caught speeding by a Gatso van but didn't get a fine in the post or any notification regarding the offense. The summons is the first I've heard about it.

    Has anyone any advise on how to handle this and what I should do/say in court next week?


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Comments

  • Moderators, Politics Moderators Posts: 32,796 Mod ✭✭✭✭ Seth Brundle


    The best advice would be to talk to a solicitor rather than a stranger on the interweb!
    However, you should dress smartly and politely explain your situation. However, whilst the garda may not turn up if they do, expect to be informed that the notice was sent and then the judge will hand you 4 points.


  • Closed Accounts Posts: 218 ✭✭ murraymarmalade


    burgess wrote: »
    Today a local Garda arrived to my door to issue me with a summons to appear in court next Wednesday for not paying a speeding fine from February. I was caught speeding by a Gatso van but didn't get a fine in the post or any notification regarding the offense. The summons is the first I've heard about it.

    Has anyone any advise on how to handle this and what I should do/say in court next week?
    hiya.......i went to court on 2 days last week as an observer,on a number of occasions the district judge threw out cases involving cases of speeding,holding a mobile phone and non payment of fines,i recall 2 guys who said they never recieved the fines in the post(they were in one dock,the guard in the other)the judge asked the guard would you like to ask the defendant any questions,yes said the guard,have you ever had any problems with the post before? no came the reply......case dismissed,that was twice that i can remember....loads of others dismissed for different things....so,my advice would be just tell the truth,tell the judge you never got a fine in the post,he may ask the guard if you have any previous,if not and he belives you then he will throw it out....best of luck,well worth fighting.let us know how you get on


  • Registered Users Posts: 451 ✭✭ Jomcc


    Exact same situation happened to my brother. I spoke to garda friend of mine. He said that brother should go to court, tell the story and not bother paying solicitor. He spoke with garda who stopped brother and he was fine with that. He explained that judge only had option of giving 4 points and fine or striking it out. There was no possibility of my brother receiving his deserved 2 points and €80 fine.
    When case came up, there were a number of people in same situation. A Garda sergeant explained situation to judge that people were not receiving their fixed charge penalty notice in post. He said it was crazy situation and wasting garda time. Judge lost the head and decided to adjourn so she could see what could be done.
    When case came back to court judge had completely different attitude. Brother ended up with couple of hundred euro fine and 4 points.
    I mentioned it to solicitor at later stage. His comment was that my garda friend gave wrong advice.
    I know that many people are using this loophole as an excuse to get out of getting points but there are many genuine cases where people are receiving 2more points than they deserve.
    OP, talk to a solicitor.


  • Closed Accounts Posts: 218 ✭✭ murraymarmalade


    i just heard on the radio this morning over 50% of driving cases are thrown out for various reasons so op........fingers crossed;)



    why would anyone expect to be handed 4 penalty points when the evidence is that half the cases that are contested will be thrown out?


  • Registered Users Posts: 114 ✭✭ gaherne


    ssame happend this time last year.

    got a solictor for 50 quid and turned up at court. 40 others had recieved notices by the same garda with all the same problem(no fine or speeding ticket, just the court notice) . The garda never turned up and all 40 were thrown out.

    You should be fine.


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  • Registered Users Posts: 49 vf949


    Hi Folks,

    Last week I got a summons to go to court for a speeding offence that occured earlier in the year.

    I never got any notification of the fine so the summons landing in my letterbox has come as a bit of a surprise.

    Does anyone know whether they will believe me when I say I never got it or am I going to get extra points/higher fine because of what has happened?

    In the past lots of cases were struck out of court when people claimed they did not get the fine. Have they now closed this loophole because a lot of the people that were saying they didn't their receive fines were using it as an excuse to get out of being done for speeding?

    Thanks.


  • Registered Users Posts: 977 Wheelnut


    Is a summons not supposed to be issued within six months of the offense? If I read the OP correctly the summons is outside six months.


  • Registered Users Posts: 49 vf949


    Wheelnut wrote: »
    Is a summons not supposed to be issued within six months of the offense? If I read the OP correctly the summons is outside six months.

    It is within 6 months of the offence. Only just but it is..


  • Registered Users Posts: 16,037 ✭✭✭✭ CiniO


    Why are the fines for speeding not posted with registered post letter (the one that you have to sign while receiveing)?
    That situation would be clear if someone got it or not...


  • Registered Users Posts: 49 vf949


    CiniO wrote: »
    Why are the fines for speeding not posted with registered post letter (the one that you have to sign while receiveing)?
    That situation would be clear if someone got it or not...

    Don't know but I didn't get a fine - either by registered or non-registered post.


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  • Closed Accounts Posts: 158 ✭✭ daltonm


    vf949 wrote: »
    Hi Folks,

    Last week I got a summons to go to court for a speeding offence that occured earlier in the year.

    I never got any notification of the fine so the summons landing in my letterbox has come as a bit of a surprise.

    Does anyone know whether they will believe me when I say I never got it or am I going to get extra points/higher fine because of what has happened?

    In the past lots of cases were struck out of court when people claimed they did not get the fine. Have they now closed this loophole because a lot of the people that were saying they didn't their receive fines were using it as an excuse to get out of being done for speeding?

    Thanks.

    Your situation has proved that the loophole is still open. Unless the Garda start sending the notifications through reg post then the loophole remains open.

    Judges despise the fact that people do not receive these notifications by registered post - people may not receive them for various reasons, change of address, wrong address etc..

    Go to court and explian that you never received the notification.
    It will be struck out.
    Do not get a solicitor.

    I have stood in a courtroom and witnessed 20 people up for the same thing - 19 walked and the only one who had a solicitor and actually attempted to pay the fine (problems with credit card and missed the payment deadline) got 4 points and an 80 euro fine.


  • Closed Accounts Posts: 11,001 ✭✭✭✭ opinion guy


    CiniO wrote: »
    Why are the fines for speeding not posted with registered post letter (the one that you have to sign while receiveing)?
    That situation would be clear if someone got it or not...

    Presumably because registered post costs more


  • Registered Users Posts: 900 I.S.T.


    burgess wrote: »
    Today a local Garda arrived to my door to issue me with a summons to appear in court next Wednesday for not paying a speeding fine from February. I was caught speeding by a Gatso van but didn't get a fine in the post or any notification regarding the offense. The summons is the first I've heard about it.

    Has anyone any advise on how to handle this and what I should do/say in court next week?

    So what happened? You haven't been back to the thread since. I hope they didn't jail you! :D


  • Registered Users Posts: 900 I.S.T.


    CiniO wrote: »
    Why are the fines for speeding not posted with registered post letter (the one that you have to sign while receiveing)?
    That situation would be clear if someone got it or not...
    Presumably because registered post costs more

    What!! It costs, what, €1 extra to send registered post. They are making enough money from the fines to cover this. Greed.


  • Closed Accounts Posts: 994 ✭✭✭ Twin-go


    Presumably because registered post costs more

    Would it cost more than court time costs and no fine paid at all?


  • Closed Accounts Posts: 11,001 ✭✭✭✭ opinion guy


    I would imagine that the garda postal budget is managed entirely seperately to the courts budget. Therefore the guy in charge of the garda postal budget is charged only with keeping his own costs down and likely by saving on postal costs has more money to allocate to other things not sparing a thought to the courts budget. Cause its not his job to do that


  • Registered Users Posts: 1,348 ✭✭✭ skywalker_208


    Presumably because registered post costs more

    But they would be bringing in more money coz they wouldnt be throwing out 50% of cases! :)


  • Closed Accounts Posts: 11,001 ✭✭✭✭ opinion guy


    But they would be bringing in more money coz they wouldnt be throwing out 50% of cases! :)
    Read my post number 17 immediately above your post in case you somehow missed it:rolleyes:

    Seperate budgets


  • Registered Users Posts: 1,348 ✭✭✭ skywalker_208


    Read my post number 17 immediately above your post in case you somehow missed it:rolleyes:

    Seperate budgets

    I did miss it - and your post makes sense :)


  • Registered Users Posts: 8,778 ✭✭✭ markpb


    CiniO wrote: »
    Why are the fines for speeding not posted with registered post letter (the one that you have to sign while receiveing)? That situation would be clear if someone got it or not...

    Because you can refuse to sign for a registered letter. It's then returned to the sender but they're not told why. People regularly use that tactic to avoid a civil summons to court. There was talk a few years ago of An Post adding a third option where they guaranteed that it was delivered but a signature was not required. It was also meant to be cheaper than registered post. I never heard anything more of it though.


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  • Registered Users Posts: 49 vf949


    markpb wrote: »
    Because you can refuse to sign for a registered letter. It's then returned to the sender but they're not told why. People regularly use that tactic to avoid a civil summons to court. There was talk a few years ago of An Post adding a third option where they guaranteed that it was delivered but a signature was not required. It was also meant to be cheaper than registered post. I never heard anything more of it though.


    Well I got my summons delivered by hand by some garda from the local town presumably to ensure that they will be in no doubt that I got the summons!


  • Registered Users Posts: 8,778 ✭✭✭ markpb


    vf949 wrote: »
    Well I got my summons delivered by hand by some garda from the local town presumably to ensure that they will be in no doubt that I got the summons!

    If a Garda delivered it, it wasn't a civil summons.


  • Registered Users Posts: 49 vf949


    markpb wrote: »
    If a Garda delivered it, it wasn't a civil summons.

    Well it is some sort of a Summons anyway. It was created by The District Court.


  • Closed Accounts Posts: 2,857 ✭✭✭ Reloc8


    vf949 wrote: »
    It is within 6 months of the offence. Only just but it is..

    Actually the summons only has to be applied for within 6 months of an offence of this nature (summary - i.e. considered minor and dealt with in District Court only).

    It can be issued & served/received long after (technically no time limit but generally somewhere give or take within 12 months of the offence is considered acceptable).


  • Registered Users Posts: 16,037 ✭✭✭✭ CiniO


    markpb wrote: »
    Because you can refuse to sign for a registered letter. It's then returned to the sender but they're not told why. People regularly use that tactic to avoid a civil summons to court. There was talk a few years ago of An Post adding a third option where they guaranteed that it was delivered but a signature was not required. It was also meant to be cheaper than registered post. I never heard anything more of it though.

    Still doesn't make too much sense.

    If registered post is not accepted, then An Post should return it to the sender with note that the receiver didn't accept it.
    Then Guards have a proof that they did send the fine.

    If registered post doesn't go the the receiver because he doesn't live at that address anymore, or he is abroad or something, so such an info should also be returned to Garda, so they know that they have to find him other way.


  • Registered Users Posts: 30 ✭✭✭ fif


    I (along with loads of others at the same time) was stopped for speeding on the Navan Road by a traffic garda, details taken etc. He assured me that if it was any consolation there would be hundreds more nabbed at that spot before the weekend was out! (They were doing a clampdown on the new bit of road, he was actually quite nice about it, as was I to him, since I was over the albeit bonkers 60kmh speed limit). It has been a couple of weeks and I have not recieved anything in the post. Does anyone know how soon I might expect the notification to come? That's assuming it does come, just reading the posts here. I don't care about contesting it, I don't want it hanging over me for 6 months and then ending up with a higher fine and double the points. I've never committed (well been caught for :D) a traffic offence before and I wonder is there anything I can do to follow it up so I don't end up in that situation? Is there a chance that I won't be getting anything at all (wishful thinking ;))


  • Registered Users Posts: 92 ✭✭ DrBass


    fif wrote: »
    I (along with loads of others at the same time) was stopped for speeding on the Navan Road by a traffic garda, details taken etc. He assured me that if it was any consolation there would be hundreds more nabbed at that spot before the weekend was out! (They were doing a clampdown on the new bit of road, he was actually quite nice about it, as was I to him, since I was over the albeit bonkers 60kmh speed limit). It has been a couple of weeks and I have not recieved anything in the post. Does anyone know how soon I might expect the notification to come? That's assuming it does come, just reading the posts here. I don't care about contesting it, I don't want it hanging over me for 6 months and then ending up with a higher fine and double the points. I've never committed (well been caught for :D) a traffic offence before and I wonder is there anything I can do to follow it up so I don't end up in that situation? Is there a chance that I won't be getting anything at all (wishful thinking ;))

    I was caught on the North Tipperary motorway section speeding early October, and still have not received any letter/fine (dose), did he put your details in his notebook, or was it done on a hand held device?

    First thing the Garda done was ask for my drivers license, and then went off to check tax/etc, gave it back to me and said I will recive a fine and will be sent to address on DL, I mentioned that I have moved address and he took down on his note book my new address, this is where my uncertainty is.

    How would i be summoned if they do not know where I live or will they check where the car is registered to and summons's me from there? :confused:


  • Registered Users Posts: 3,885 ✭✭✭ pa990


    Wheelnut wrote: »
    Is a summons not supposed to be issued within six months of the offense? If I read the OP correctly the summons is outside six months.

    the summons has to be applied for within 6 months of the offence, the court date can be any time after that.

    ie offence happens on feb 10th
    summons applied for on August 1st
    court date for jan 3rd

    the summons can be served up to 7 days before the court date


  • Registered Users Posts: 30 ✭✭✭ fif


    DrBass wrote: »
    I was caught on the North Tipperary motorway section speeding early October, and still have not received any letter/fine (dose), did he put your details in his notebook, or was it done on a hand held device?

    First thing the Garda done was ask for my drivers license, and then went off to check tax/etc, gave it back to me and said I will recive a fine and will be sent to address on DL, I mentioned that I have moved address and he took down on his note book my new address, this is where my uncertainty is.

    How would i be summoned if they do not know where I live or will they check where the car is registered to and summons's me from there? :confused:

    My details were written down in a notebook and he asked if i was still at the address on my licence (which I am).
    The letter came in the post last week detailing the fine, it felt like ages but it was in reality only a few weeks before I got it. I'd say they are ultra aware now so unlikely to let so many slip through the net (especially coming up to Chrstmas - bonus quotas etc)


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  • Closed Accounts Posts: 1,778 WilcoOut


    fif wrote: »
    . I'd say they are ultra aware now so unlikely to let so many slip through the net (especially coming up to Chrstmas - bonus quotas etc)

    Gardai do not recieve bonus's for achieving quotas or weekly/monthly/yearly goals.

    complete fiction!


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