Summons Expiry?

pajodublin

Wasn't sure whether to put this here or Motors forum.

I received a speeding fine notice when caught speeding in February.
I had no money at the time so put it on the long finger (stupidly)

Forgot all about it and only realised on the last day that i could pay it, only problem being it was good Friday and post office was closed.
Went the post office on the Saturday but was told it was past the 56 days.

Still haven't received a summons. Does anyone know if there is a certain time limit on when they can issue one?

thanks

johnfás

pajodublin wrote: »

Wasn't sure whether to put this here or Motors forum.

I received a speeding fine notice when caught speeding in February.
I had no money at the time so put it on the long finger (stupidly)

Forgot all about it and only realised on the last day that i could pay it, only problem being it was good Friday and post office was closed.
Went the post office on the Saturday but was told it was past the 56 days.

Still haven't received a summons. Does anyone know if there is a certain time limit on when they can issue one?

thanks

They have 6 months to apply for the summons. It may be served on you within a reasonable period later than that date.

Perhaps somebody else can confirm this, but I assume the operable date is the 57th day - ie the day on which you were in default of payment of the fine. But perhaps it is from the date of the offence.

Our man in Havana

It is 6 months from the date of the alleged offence.

Ste05

Haddockman wrote: »

It is 6 months from the date of the alleged offence.

Is it definitely 6 months from the date of the alleged offence, or is it from the date of the expiry of the fixed notice penalty?

Does anyone know where it specifies this in the legislation??

Ste05

Decided to do a bit of research myself on this and I couldn't find anything in s11 of the Road Traffic Act, 2002, but according to the Citizens Information Board you they have to serve a summons within 56 days from the date of the expiry of the Fixed notice period.

Similarly, if someone fails to pay the fixed charge notice within 56 days the Gardai will serve a summons on you to appear in the District Court to answer the alleged driving offence.

Where is this "6 months from the date of the alleged offence" coming from??

Our man in Havana

Citizens information are wrong, very wrong. I hope that Ned Flanders did not charge you.

Where is this "6 months from the date of the alleged offence" coming from??

The law. Petty Sessions (Ireland) Act 1851.

Ste05

Haddockman wrote: »

Citizens information are wrong, very wrong. I hope that Ned Flanders did not charge you.


The law. Petty Sessions (Ireland) Act 1851.

The best copy of that act I could find is this: http://hansard.millbanksystems.com/acts/petty-sessions-ireland-act-1851 I couldn't find it on irishstatutebooks.ie or acts.ie

It's kinda long, do you know what section it's in?? If not I'll go rooting, I just thought it was worth asking before I go spending the next hour or so trawling through it.

I hope you aren't offended (as you may be from the Ned Flanders comment IDK), but I just don't like to blindly follow advice given on forums.

MagicSean

THe quote from Citizens Information is right. You're just reading it wrong.

nuac

See Section 10(4) Petty Sessons Act 1851.

complaint must be made within six months of offence.

However complaint = complainant appearing before District Court Clerk or District Justice to have summons signed. Return date for summons may be some time ahead, with possible amendments to a further return date if e.g. there is a difficulty with service.

Some legislation have longer time limite. E.g. under Waste Management legislation it is a year.

As there are many underemployed lawyers about the Government should use some of them to embark on a complete redraft of Road Traffic legislation. Numerous Acts and Regulations. Major tidy up and re=draft required.

Our man in Havana

That will keep them busy for a few years.