Non payment of fixed charge notice and court summons...

greenivories

Hi guys

Basically I was booked for speeding, but received the Fixed Charge Notice for speeding while on holidays for a month, so missed first 28 days payment option. Thought I paid it within 56 days but when I returned from a another week away, had a letter saying payment details were wrong (had transposed a ocuple digits on laser card entry) and to try again. Rang up to pay and they said 56 days were up and that would be issued with court summons which would results in fine + 4 points!!

Have read the following and wondering has anyone any experience? Is there any way the judge can just issue 2 points instead of four?

Payment of fixed charge on service of summons.

44.— (1) A person who is served with a summons in respect of a fixed charge offence may pay a fixed charge of an amount as stated in the fixed charge notice served with the summons on the person in respect of the fixed charge offence and in the manner as specified in the notice not later than 7 days before the date specified in the summons on which the charge is to be heard by the court. If the person pays the fixed charge in the manner as specified in the notice within that period proceedings in respect of the alleged offence will be discontinued and the person need not attend the court on the day specified in the summons.

Full text here: http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0044.html

Thanks in advance guys

G

cickybab

Try this if you want! (Its what I have done in the past),

Reply to them, say I conditionaly accept this fixed charge providing you can show me the actual accounting of the debt.

They wont be able prove the debt and you wont have to pay. They will keep sending you letters saying otherwise, keeping replying with the above.

Because of your speeding actions, you have not caused a debt in there own accounts therefor they are trying to profit of you which is fraud and unlawfull.

If your not comfortable just reply, explain your holiday situation and pay!

-Chris-

cickybab wrote: »

Because of your speeding actions, you have not caused a debt in there own accounts therefor they are trying to profit of you which is fraud and unlawfull.

Run that one by me again...

jhegarty

-Chris- wrote: »

Run that one by me again...

It's that freeman sh1t again.

Zubeneschamali

Or you could show up in court, and use the Imperius curse on the judge.

More seriously, consult a solicitor.

MugMugs

cickybab wrote: »

Try this if you want! (Its what I have done in the past),

Reply to them, say I conditionaly accept this fixed charge providing you can show me the actual accounting of the debt.

They wont be able prove the debt and you wont have to pay. They will keep sending you letters saying otherwise, keeping replying with the above.

And this type of correspondence stops the summons?

-Chris-

Modnote: This is not the Politics forum. Freeman solutions to motoring problems are not helpful for the average Motors user. Please do no persist with this line of discussion.

Mena

MugMugs wrote: »

And this type of correspondence stops the summons?

It does, once you're in prison for being a tard, the summons will stop.

MugMugs

OP pay the fine, go to the Garda when you have done and explain. That should be the end of it.

corktina

id prepare to pay and accept the points. It was after all you who put in the laser number wrong. Explain to the Judge the circumstances (and have evidence of its truth with you) and you MAY get less.


(also I make that 5 weeks holiday, you should get jail for that )

I.S.T.

OP, just pay the fine now. You will probably still have to go to court. Just explain to the judge the mistake with the laser number and you should be fine.

greenivories

I guess I should also have said that I called the fixed penalty hotline number as soon as I read the letter to pay the fine immediately and explain, and she said I couldnt pay the fine now as gone past 56 days, and would have to appear in court. Yes I'm wondering if the change to the law mentioned above lets me pay the fine, with two points, and therefore avoid the court summons, anyone heard of this?

Topper Harley

greenivories wrote: »

I guess I should also have said that I called the fixed penalty hotline number as soon as I read the letter to pay the fine immediately and explain, and she said I couldnt pay the fine now as gone past 56 days, and would have to appear in court. Yes I'm wondering if the change to the law mentioned above lets me pay the fine, with two points, and therefore avoid the court summons, anyone heard of this?

Try to speak to the Garda and explain all before your court date but chances are you will have to go to court in the end. Just explain yourself to the judge and bring evidence of your holidays and attempts to pay the fine. Try paying again and get the name of the person you're speaking to and exact reason for not being able to pay and quote this to the judge. He/she will take all of this into account and see that you're genuine and honest.

metzengerstein

something similar happened me before i missed the payment date ,it goes straight to court theres no argueing about it ,i was told they cant change it in their system must be an automactic thing or something ,but as far as i rememeber it should be only 2 points .its more and a bigger fine if you dont turn up to court .will have to check the letter i got to be certain of that.the only way you wont have to pay or get points is if the guard who caught you doesnt turn up.

best advice turn up to court be honest and explain .

Reloc8

^ Not correct.

Conviction in court leads to 4 points automatically. The Judge has no discretion in this.

A Judge who is satisfied that a genuine error was made in an attempt to pay might well exercise a discretion not to convict though.

Your mileage may vary.

Zubeneschamali

Reloc8 wrote: »

A Judge who is satisfied that a genuine error was made in an attempt to pay might well exercise a discretion not to convict though.

Sometimes in return for a fine-sized donation to charity.

Mikros

That particular section of the 2010 Act has not being commenced yet. Until the minister signs the relevant order it won't apply. Once you go over the 56 days you will have to go to court. Try explaining the holiday situation to the judge, show the evidence of trying to pay and you might get away with a lenient outcome.

greenivories wrote: »

Payment of fixed charge on service of summons.

44.— (1) A person who is served with a summons in respect of a fixed charge offence may pay a fixed charge of an amount as stated in the fixed charge notice served with the summons on the person in respect of the fixed charge offence and in the manner as specified in the notice not later than 7 days before the date specified in the summons on which the charge is to be heard by the court. If the person pays the fixed charge in the manner as specified in the notice within that period proceedings in respect of the alleged offence will be discontinued and the person need not attend the court on the day specified in the summons.

metzengerstein

Reloc8 wrote: »

^ Not correct.

Conviction in court leads to 4 points automatically. The Judge has no discretion in this.

A Judge who is satisfied that a genuine error was made in an attempt to pay might well exercise a discretion not to convict though.

Your mileage may vary.

this is correct ,on reading up again

Mr. Presentable

cickybab wrote: »

Try this if you want! (Its what I have done in the past),

Reply to them, say I conditionaly accept this fixed charge providing you can show me the actual accounting of the debt.

They wont be able prove the debt and you wont have to pay. They will keep sending you letters saying otherwise, keeping replying with the above.

Because of your speeding actions, you have not caused a debt in there own accounts therefor they are trying to profit of you which is fraud and unlawfull.

If your not comfortable just reply, explain your holiday situation and pay!

Did you see how that freeman crap worked out for the motorist in Wexford yesterday?

http://www.independent.ie/national-news/courts/defendant-asks-judge-to-show-oath-of-office-in-court-standoff-2845275.html

I.S.T.

Mr. Presentable wrote: »

Did you see how that freeman crap worked out for the motorist in Wexford yesterday?

http://www.independent.ie/national-news/courts/defendant-asks-judge-to-show-oath-of-office-in-court-standoff-2845275.html

Wow, that certainly backfired! Locked up for over one month, I bet he wishes he just paid the fine now.

Topper Harley

Sorry, I don't mean to drag this thread off topic but could someone please briefly explain or tell me where to find out what the hell this "freeman" stuff is.

A google search only shows up a consultancy firm and Morgan Freeman.

Mr. Presentable wrote: »

Did you see how that freeman crap worked out for the motorist in Wexford yesterday?

http://www.independent.ie/national-news/courts/defendant-asks-judge-to-show-oath-of-office-in-court-standoff-2845275.html

That guy sounded like an absolute tool anyway. If you're going to argue with a judge or try to pull a fast one in court at least don't make an enemy out of the man with the power and opportunity to put you in jail.

SilverBell

Brilliant, i was coming back on here to post that link, I just read it. Very funny esp the " this is not a qiz, I ask the questions" heh heh!:D

Mr. Presentable wrote: »

Did you see how that freeman crap worked out for the motorist in Wexford yesterday?

http://www.independent.ie/national-news/courts/defendant-asks-judge-to-show-oath-of-office-in-court-standoff-2845275.html

-Chris-

-Chris- wrote: »

Modnote: This is not the Politics forum. Freeman solutions to motoring problems are not helpful for the average Motors user. Please do no persist with this line of discussion.

"Not the Politics forum" also includes discussing Freeman-ism from the other side too.

Can we drop the subject and get back on-topic please?

Losty Dublin

Mr. Presentable wrote: »

Did you see how that freeman crap worked out for the motorist in Wexford yesterday?

http://www.independent.ie/national-news/courts/defendant-asks-judge-to-show-oath-of-office-in-court-standoff-2845275.html

I read this in todays Times and I spat my tea out I laughed so much