Summons question

rubberdecky

Hi all,

Wife at home sick today and got served a summons (in my name but it was her driving) for a speeding offence back in early February. I would have thought this was beyond the 6 month limit no?

Also, am wondering if the only reason it got brought up after so long was due to me being caught speeding yesterday morning (totally my fault, not contesting that, was on way in to see her in hospital and got a bit leadfooted) and them seeing an opportunity to fleece me. Or is it just a coincidence and I am being cynical.

Neither of us would contest either fine or our 2 points each for the record

Any thoughts?

Thanks

PARKHEAD67

rubberdecky wrote: »

Hi all,

Wife at home sick today and got served a summons (in my name but it was her driving) for a speeding offence back in early February. I would have thought this was beyond the 6 month limit no?

Also, am wondering if the only reason it got brought up after so long was due to me being caught speeding yesterday morning (totally my fault, not contesting that, was on way in to see her in hospital and got a bit leadfooted) and them seeing an opportunity to fleece me. Or is it just a coincidence and I am being cynical.

Neither of us would contest either fine or our 2 points each for the record

Any thoughts?

Thanks

February was a long time ago alright.Strange one for sure.

MugMugs

PARKHEAD67 wrote: »

February was a long time ago alright.Strange one for sure.

Is the summons dated within statute ?

rubberdecky

MugMugs wrote: »

Is the summons dated within statute ?

That is what I am wondering, is it 6 months from the date of the offence or some other date?

rubberdecky

Road Traffic Act says 6 months from date of offence but I didnt read the whole thing or all subsequent amendments so it may have changed or have exclusions etc.

Bit of a pain really

Topper Harley

Is it a summons or a fixed penalty notice? I thought you only received a summons if you didn't respond to a fixed penalty notice within 56 days.

rubberdecky

Topper Harley wrote: »

Is it a summons or a fixed penalty notice? I thought you only received a summons if you didn't respond to a fixed penalty notice within 56 days.

Never got the original notice

Topper Harley

rubberdecky wrote: »

Never got the original notice

Happy days, you'll have your day in court, explain all and possibly get the whole thing thrown out.

The Gride

Friend of mine got stopped for no seat belt 4 weeks ago. He accepts that he was not wearing a belt. The garda said he would be getting a fine and points in the post. As of yet he did not receive any notice from the Garda. He mentioned it to a Solicitor today and the Solicitor advised him to contact the Garda to see what the position is as District Court Judges pretty much don't accept the story anymore of " I never received it in the post " and give you double bubble. Seems terribly silly to me that you would have to contact the Garda asking to be prosecuted.

weeder

the summons has to be applied for within 6 months by the garda, then the garda can hold onto it until 21 days before your court date and issue it, couple of people i know have not recieved a summons for upto a year after the offense

The Gride

The summons is sent if you don't pay the initial notice but if you genuinely don't get it like my friend did not,what are you supposed to do ? The whole system seems silly. If the postman looses the initial notice then you get double points. These notices should be sent by registered post.

weeder

i know at least in my local district court saying you never recieved it usually works, at least going by the newspapers anyway

coylemj

The Gride wrote: »

These notices should be sent by registered post.

I think the issue the authorities have with registered post is that in one scenario the husband and wife both work so there's nobody at home to sign for delivery, the second scenario is that the owner of the house answers the door and when he sees the postman with a registered letter he claims that he's a plumber doing a job while the owner is away and refuses to accept delivery.

MugMugs

coylemj wrote: »

The Gride wrote: »

These notices should be sent by registered post.

I think the issue the authorities have with registered post is that in one scenario the husband and wife both work so there's nobody at home to sign for delivery, the second scenario is that the owner of the house answers the door and when he sees the postman with a registered letter he claims that he's a plumber doing a job while the owner is away and refuses to accept delivery.

Recorded Delivery is possible and more feasible than Registered Post IMO