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A fixed penalty notice was posted to an address I no longer live at

  • 03-09-2010 3:55pm
    #1
    newmember2
    Registered Users, Registered Users 2 Posts: 2,586 ✭✭✭


    A fixed penalty notice was posted to an address I no longer live at. Is this an adequate defence?


Comments

  • #2
    kildare.17hmr
    Closed Accounts Posts: 3,615 ✭✭✭kildare.17hmr


    For not having paid the fine as you never got it or not bothering to pay???


  • #3
    newmember2
    Registered Users, Registered Users 2 Posts: 2,586 ✭✭✭newmember2


    kildare.17hmr wrote: »
    For not having paid the fine as you never got it or not bothering to pay???

    For not paying the fine as I didn't get the notice.

    In cases like this, does the case trundle on, summons posted out (again to the same address), court case and punishment handed down, without checking that the defendant was aware of the charges made against him?


  • #4
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    ///but you did get the notice though huh?


  • #5
    kildare.17hmr
    Closed Accounts Posts: 3,615 ✭✭✭kildare.17hmr


    Id imagine if you contacted the guard/department in question and explain you are willing to pay and always have been but the notice was sent to a previous address and you never got it you will have a case. if you have already been summond to court be ready to explain it to the judge and bring proof that you moved when you said you did. somethin like this happened to a frind of mine a few yrs ago, cant remember the ins and outs but i do remember he just had to pay the original fine and that was it


  • #6
    newmember2
    Registered Users, Registered Users 2 Posts: 2,586 ✭✭✭newmember2


    kildare.17hmr wrote: »
    Id imagine if you contacted the guard/department in question and explain you are willing to pay and always have been but the notice was sent to a previous address and you never got it you will have a case. if you have already been summond to court be ready to explain it to the judge and bring proof that you moved when you said you did. somethin like this happened to a frind of mine a few yrs ago, cant remember the ins and outs but i do remember he just had to pay the original fine and that was it

    How could I have contacted the Garda if I wasn't aware of the notice? Equally how would I be trying to explain something to a judge in a case that I don't know is even happening.



    A fixed penalty notice was posted to an address I no longer live at.
    Does anyone know if this is a legitimate defense in a court of law?


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  • #7
    Skuxx
    Registered Users, Registered Users 2 Posts: 2,383 ✭✭✭Skuxx


    kildare.17hmr wrote: »
    Id imagine if you contacted the guard/department in question and explain you are willing to pay and always have been but the notice was sent to a previous address and you never got it you will have a case.
    newmember? wrote: »
    How could I have contacted the Garda if I wasn't aware of the notice? Equally how would I be trying to explain something to a judge in a case that I don't know is even happening.

    I thinks he's saying to contact the guards now!!


  • #8
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    newmember? wrote: »
    How could I have contacted the Garda if I wasn't aware of the notice? Equally how would I be trying to explain something to a judge in a case that I don't know is even happening.



    AQUOTE]

    but you DO know all about it...pay the fine or have your day in court...


  • #9
    kildare.17hmr
    Closed Accounts Posts: 3,615 ✭✭✭kildare.17hmr


    newmember? wrote: »
    How could I have contacted the Garda if I wasn't aware of the notice? Equally how would I be trying to explain something to a judge in a case that I don't know is even happening.



    A fixed penalty notice was posted to an address I no longer live at.
    Does anyone know if this is a legitimate defense in a court of law?
    Are you serious????? You have the bloody thing now obviously since your here asking about it so you know about it now!!


  • #10
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    newmember? wrote: »
    A fixed penalty notice was posted to an address I no longer live at. Is this an adequate defence?

    If you notified the County Council who issued the licence of your change in address immediately when you moved then you should have a reasonable defence (their cockup, etc). However if, like 1000's of others, you didn't then you're at the mercy of the judge if you can't get anywhere with the Garda.


  • #11
    Kristopherus
    Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    newmember? wrote: »
    How could I have contacted the Garda if I wasn't aware of the notice? Equally how would I be trying to explain something to a judge in a case that I don't know is even happening.



    A fixed penalty notice was posted to an address I no longer live at.
    Does anyone know if this is a legitimate defense in a court of law?

    Its your responsibility to advis the VRO of your new address. If you go to court with the flimsy excuse that you're looking for advice on, then you are very likely to have the penalty doubled by the beak. Pay it now & get over it.


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  • #12
    Minstrel27
    Closed Accounts Posts: 7,818 ✭✭✭Minstrel27


    newmember? wrote: »
    A fixed penalty notice was posted to an address I no longer live at. Is this an adequate defence?

    How could it be if you know about it?


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