Fixed rate fine now a summons but i never recieved either!!

andre2010 · 09-05-2011 9:18am #1

Hi Guys,

I did something really stupid a year ago, i drove to the gym when my insurance had lapsed. Disgusting thing to do, i know, and i should defo pay a fine, i know. Im not looking to make excuses for it, there was a reason, id lost my job, all my money was going to paying my mams mortgage as she had also lost her job etc.

Anyway, when the garda stopped me, i explained my situation, and he advised me the only thing i could do was to surrender the car and have it crushed (seriously). I couldnt afford a massive fine at the time so i agreed and handed my car over and signed it over to him.

Now a few weeks ago i got a letter saying i never turned up to court on my due date. i never got a summons at all. I contacted a solicitor and it turns out that a summons was sent to the wrong address completely.

Anyway, i went to the said address over the weekend to see if they still had the summons, and as it turns out, there was a fixed rate fee letter there that was issued before the summons stating i had 30 days to pay, or 60 days but the fine would be higher, it states that if i dont pay it then i will be summonsed.

I spoke to my solicitor and she still insists that i go to court. I have a feeling she wants to go to court so she gets paid more. My point being, if ihad of received this letter, i would have absolutely paid it, never ignore it, but because he sent it to the incorrect address, i now have to go to court.

Is this right?

Look i know what i did was disgusting, i really do, so please dont attack me. My gym is literally 30 seconds in a car from my house, it was lasing raining, i would have never driving the car, and i have never done it since, so i know i need to pay a fine for this, but surely the garda should re issue the fine instead since he made the mistake right?

seamus · 09-05-2011 9:24am

In what way did the Garda make the mistake? That is, in what way was the address wrong? Was it misaddressed to a different house in your locality, or was it sent to a former known address of yours?

andre2010 · 09-05-2011 9:36am

no it was sent to a completely incorrect address.

He asked me for my address when he stopped me and i gave it to him, but he still sent it to the wrong one. I got the reminder letter saying i never turned up though to the right address. id say he realized his mistake at that point.

As i said, im willing to pay the fixed rate fine, its literally all i can afford, i deserve it, but going to court because he sent it incorretly seems harsh

seamus · 09-05-2011 9:44am

As the summons has been sent, you have no choice at this stage except to go to court.

It would be advisable to get in contact with the Garda involved and discuss it civilly with him. He may be willing to admit in court that the address initially used was incorrect. Then you can say that you would have paid any fine if you knew that a fine had been issued. Bring the document with you that show the incorrect address.

The judge may then choose to just levy the original fine on you. Or he could go the whole hog, it's up to him really. Don't make any excuses. Admit that you did something stupid and you have no excuse. If he asks you can tell him that you surrendered the vehicle and you no longer drive any vehicle.

A hearing will go ahead on this matter, as a summons has been issued. It can't be cancelled at this stage. So you need to consult with your solicitor as to the best way to approach it.

andre2010 · 09-05-2011 9:46am

thank you for the advise, just mad that i now have to go to court as he messed up. but i understand.

thanks mate for the advise.

Zambia · 09-05-2011 9:48am

why dont you take both letters to court show the judge and say can you just pay the fine.

andre2010 · 09-05-2011 9:50am

yeah hopefully i can do that, but i may now lose my licence for 2 years, i dont drive now, but my new job will require me too, its sales, and it will be me being unemployed again if i get banned as its required for my job. I wouldnt even have to have face that if he sent the things out correctly in the first place.

Zambia · 09-05-2011 11:55am

Maybe ask your lawyer to fight it , win then go for costs. By win I mean avoid the penalty of not paying at first.

Kosseegan · 09-05-2011 12:19pm

Zambia wrote: »

Maybe ask your lawyer to fight it , win then go for costs. By win I mean avoid the penalty of not paying at first.

There will be no costs order even if the o/p wins. Successful defendants in the District Court who are prosecuted by the DPP do not get costs.

Zambia · 09-05-2011 12:27pm

Well that does not seem fair.

andre2010 · 09-05-2011 12:37pm

its mad, even the lady in the garda office admitted that they got it wrong and their would have been no way for me to know about the fixed fine, but said there is nothing i can do but go to court. Garda makes a mistake and the public have to turn up in court, she said it always happens and nothing i can do

09-05-2011 1:05pm

Having to go to court is not of itself any kind of punishment. Try to look at it as a forum for the vindication of your rights. Just think, if you didn't have the opportunity to go to court you might have to pay an inflated fine based on the mistake of a garda.

andre2010 · 09-05-2011 1:09pm

thats a good point mate, just annoys me that i need to now pay a solitior 500 euro due to their mistake. ( mine too, i know) but if they had of done their work correctly, the summons would have never have been issued. looks like im off to court

MagicSean · 09-05-2011 2:59pm

There is no fixed charge penalty for no insurance. It is a summons only offence so the fixed charge was for something else.

seamus · 09-05-2011 3:15pm

He's pointed out in the other thread that the FPN was for non-display of insurance.

But he's now being summonsed for non-display, non-production and driving without insurance.

Regardless of the first two offences, which are relatively minor, it's the last one that you want to be concerned about. And you are guilty of that, regardless of whether you received the initial notice. Given the seriousness of that offence, the judge could choose to ignore anything the Garda says in your defence.

Get yourself down to your solicitor and do everything he/she says.

09-05-2011 4:18pm

andre2010 wrote: »

thats a good point mate, just annoys me that i need to now pay a solitior 500 euro due to their mistake. ( mine too, i know) but if they had of done their work correctly, the summons would have never have been issued. looks like im off to court

I think it cuts both ways. Some people will undoubtedly say that there would be no question of the garda's mistake and ensuing cost to you if it were not for your original wrong. But on the other hand, since our criminal justice system deals with wrongdoers on an everyday basis, there still has to be administrative efficiency. You could also say that as a matter of law you have committed no wrong until the court declares that you have (the FPN constituting an admission of sorts).

Fixed rate fine now a summons but i never recieved either!!

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