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Speeding fine fine has now passed to the Court Summons stage

  • 24-09-2009 1:51pm
    #1
    jalivrreddy
    Closed Accounts Posts: 1 ✭


    During my vacation to india I was issued letter for speeding fine. I have tried to pay this through my friend and post office did not accept it with out my sign. Then i have got the letter by post to me and send out scanned copy with payment details to npo@garda.ie. I recieved the response that Fixed Charge Notice's can only be paid within a 56 day timeframe from the date of issue of same. Unfortunately as this fine now stands on Day 98 since its date of issue, it cannot now be paid and has passed to the Court Summons stage.

    can any one advise how to proceed further. I am looking out clear this issue. I am still on holiday and continuing further. thanks in advance


Comments

  • #2
    Bluefoam
    Registered Users, Registered Users 2 Posts: 7,753 ✭✭✭Bluefoam


    I am trying to make sense of this.

    Are you on holiday in Ireland?
    Was the speeding ticket received in Ireland?
    Was the sppeding ticket sent to your home addresses, abroad?


  • #3
    Anan1
    Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    Bluefoam wrote: »
    I am trying to make sense of this.

    Are you on holiday in Ireland?
    Was the speeding ticket received in Ireland?
    Was the sppeding ticket sent to your home addresses, abroad?
    As I understand it, the OP lives here but is currently holidaying in India and the ticket was delivered to their home address here.

    OP - Has a summons arrived yet?


  • #4
    asterix
    Registered Users, Registered Users 2 Posts: 19 ✭asterix


    This is quite simple and, unfortuately for you, not in a good way.
    As you are out of time to pay the fixed penalty notice, a summons will be sent to your address.
    You will have to go the District Court on the date on the summons.
    When your case is called in court, you can explain to the judge the reason why you didn't pay on time.
    However, the judge will probably convict you (which leaves you with 4 penalty points instead of the two you would have got if you had paid the fixed charge penalty on time). The fact that you were on holidays means the accompanying fine might be lower than usual but it is very unlikely that the judge will strike the matter out.
    Wait for the summons, go to court on the date on the summons and be ready to tell the judge your story on the day
    If you're lucky, the garda won't turn up to court or if the judge is in a good humour and believes your story, they might strike the case out or let you pay some money to charity in exchange for striking the case out.


  • #5
    niceirishfella
    Closed Accounts Posts: 5,538 ✭✭✭niceirishfella


    good advice above.
    When you go to court, bring evidence to prove you were out of the country like flight ticket stubs, a stamped passport etc etc.


  • #6
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    No excuse really. You had 3 months to send in a scanned & signed letter with payment.

    Looks like you'll have to cut the holiday short.


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  • #7
    Anan1
    Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    MagicMarker wrote: »
    No excuse really. You had 3 months to send in a scanned & signed letter with payment.

    Looks like you'll have to cut the holiday short.
    56 days is not 3 months; assuming the OP is still due to be out of the country on the court date it would probably be easier for them to arrange court representation for the case.


  • #8
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Anan1 wrote: »
    56 days is not 3 months; assuming the OP is still due to be out of the country on the court date it would probably be easier for them to arrange court representation for the case.
    It is in doggy months.

    No, my bad. (almost) 2 months, still no excuse.


  • #9
    Anan1
    Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    MagicMarker wrote: »
    It is in doggy months.

    No, my bad. (almost) 2 months, still no excuse.
    The OP is looking for advice on what to do now, not moral judgements.


  • #10
    Del2005
    Registered Users, Registered Users 2 Posts: 19,101 ✭✭✭✭Del2005


    jalivrreddy wrote: »
    During my vacation to india I was issued letter for speeding fine. I have tried to pay this through my friend and post office did not accept it with out my sign. Then i have got the letter by post to me and send out scanned copy with payment details to npo@garda.ie. I recieved the response that Fixed Charge Notice's can only be paid within a 56 day timeframe from the date of issue of same. Unfortunately as this fine now stands on Day 98 since its date of issue, it cannot now be paid and has passed to the Court Summons stage.

    can any one advise how to proceed further. I am looking out clear this issue. I am still on holiday and continuing further. thanks in advance

    Not much use for you now, but I did all my dealings when I got done through the post. They didn't know where I was and never asked, I was in Ireland, I just sent then a check (or postal order if no check book) and got a nice letter telling me I'd 2 points.

    If you can't get back to Ireland for the court date you'll have to get a solicitor to represent you, as it you don't there could be a bench warrant issued for you.


  • #11
    testicle
    Closed Accounts Posts: 5,429 ✭✭✭testicle


    A lot of people on this forum seem to be of the opinion that once you get summonsed to the District Court on a speeding charge, you will automatically be convicted and issues 4 points and a higher fine. This is most certainly not the case as anyone who has ever been in a District Court can testify, if you'll pardon the pun. If you have a valid excuse for not paying the original fine, the case will most likely be struck out.


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  • #12
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Anan1 wrote: »
    The OP is looking for advice on what to do now, not moral judgements.
    I wasn't making a 'moral judgment'. My comment was to highlight that a judge won't accept being in India as an excuse to miss payment when there is ample time given.


  • #13
    PirateShampoo
    Registered Users, Registered Users 2 Posts: 4,406 ✭✭✭PirateShampoo


    testicle wrote: »
    A lot of people on this forum seem to be of the opinion that once you get summonsed to the District Court on a speeding charge, you will automatically be convicted and issues 4 points and a higher fine. This is most certainly not the case as anyone who has ever been in a District Court can testify, if you'll pardon the pun. If you have a valid excuse for not paying the original fine, the case will most likely be struck out.

    Agreed, i was summoned over non payment awhile back. I was working nights in Sligo at the time so had to send the girlfriend in my place.

    I was given no points and was asked to make a €200 donation to charity. I did not even receive the original 2 points for speeding.


  • #14
    [Deleted User]
    Posts: 24,714 ✭✭✭✭ [Deleted User]


    MagicMarker wrote: »
    I wasn't making a 'moral judgment'. My comment was to highlight that a judge won't accept being in India as an excuse to miss payment when there is ample time given.

    I would imagine being out of the country for a long period is a very valid excuse in this instance. The op will almost certainly receive just 2 points and an 80 euro fine and he can arrange for someone else to represent him in court so no need to come home early.


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