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Ugh... ballsed up

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  • 17-01-2012 8:05pm
    #1
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭


    Short story.

    June '11 - Pulled over for driving without due care & attention
    Oct' 11 - Received a court summons for same
    Today - Find a fixed charge letter sent in July '11 :rolleyes::(:rolleyes:

    Needless to say, this fine wasn't paid. :mad:

    So I'm wondering, the summons I've received has no mention of the failure to pay the fine, so will I receive a second summons for that or will it be dealt with when I go to court?

    Also, what am I looking at? I can deal with penalty points but I simply can't afford a fine much larger than the fixed charge, and with that I certainly can't afford a solicitor (although I wasn't going to get one anyway, thoughts?)

    Any advice is really appreciated here folks, I'm kicking myself over this!! :(


Comments

  • Registered Users Posts: 28,120 ✭✭✭✭drunkmonkey


    Get a set a side and go represent yourself, it's pretty simple. Is there any proof you got the summons? (I presume you didn't that's why you didn't turn up)


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Get a set a side and go represent yourself, it's pretty simple. Is there any proof you got the summons? (I presume you didn't that's why you didn't turn up)

    A set a side? Not sure I follow.....

    The court date is not for a few months, I haven't missed that but I have missed paying the fine within the required period.


  • Registered Users Posts: 28,120 ✭✭✭✭drunkmonkey


    Do you not get one or the other not both, if it's a fixed charge why are you going to court?


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Do you not get one or the other not both, if it's a fixed charge why are you going to court?
    I presume because I didn't pay the charge, although the summons doesn't specifically say that.


  • Closed Accounts Posts: 9,538 ✭✭✭btkm8unsl0w5r4


    Get a solicitor and delete this evidence thread immediately.


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  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Get a solicitor and delete this evidence thread immediately.
    lol, what do you think will happen if I'm honest? Do you think I should just say I never got the fine in the post?

    What would a solicitor cost? I'd be struggling to pay the original fine so I can't see how I can afford a solicitor!! :eek:


  • Registered Users Posts: 9,222 ✭✭✭keithclancy


    Get a solicitor and delete this evidence thread immediately.

    In fairness if he can't afford to pay the fine, how is he expected to be able to pay a solicitor.


  • Registered Users Posts: 28,120 ✭✭✭✭drunkmonkey


    Do you think I should just say I never got the fine in the post?

    It's been know to happen, especially if you move house, which you did.


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    It's been know to happen, especially if you move house, which you did.
    Judge probably hears that everyday though, maybe he'd appreciate a little honesty? :)

    Although the fine wasn't sent via registered post, which is surprising.


  • Registered Users Posts: 17,875 ✭✭✭✭MugMugs


    Judge probably hears that everyday though, maybe he'd appreciate a little honesty? :)

    Although the fine wasn't sent via registered post, which is surprising.

    Fines don't get sent by registered post.

    Purger y is a crime


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  • Registered Users Posts: 22,080 ✭✭✭✭Big Nasty


    Fixed penalty would have been €80 + 2 points. Summons results from failure to pay same and will usually get you €250 fine and 2-4 points. If you have a genuine case where you did not receive the fixed penalty and explain same to the judge along with your loss of earnings, etc he might let you off with the original fine or a charity donation.


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    MCMLXXV wrote: »
    Fixed penalty would have been €80 + 2 points. Summons results from failure to pay same and will usually get you €250 fine and 2-4 points. If you have a genuine case where you did not receive the fixed penalty and explain same to the judge along with your loss of earnings, etc he might let you off with the original fine or a charity donation.
    Cheers, it's good to at least have a ballpark figure, 250 is tough but it's far better than some of the figures I had in my head!


  • Closed Accounts Posts: 499 ✭✭✭heate


    Wait it took them 3 years to send you the fine! Wtf that's ridiculous


  • Registered Users Posts: 9,238 ✭✭✭Ardennes1944


    Where did you get 3 years from?


  • Moderators, Science, Health & Environment Moderators Posts: 7,146 Mod ✭✭✭✭pistolpetes11


    Short story.

    June '11 - Pulled over for driving without due care & attention
    Oct' 11 - Received a court summons for same
    Today - Find a fixed charge letter sent in July '11 :rolleyes::(:rolleyes:

    Needless to say, this fine wasn't paid. :mad:

    So I'm wondering, the summons I've received has no mention of the failure to pay the fine, so will I receive a second summons for that or will it be dealt with when I go to court?

    Also, what am I looking at? I can deal with penalty points but I simply can't afford a fine much larger than the fixed charge, and with that I certainly can't afford a solicitor (although I wasn't going to get one anyway, thoughts?)

    Any advice is really appreciated here folks, I'm kicking myself over this!! :(

    This happened to me but in a different type of way ,

    Had just moved down to newbridge in aug 08 and in October I was on the dual carriage way between Nass and newbridge , for some reason I had it in my head it was 100kmph but it was only 80 and I was doing 90 kmph.

    Any how fine arrived around the begining of December , i was so busy with work and the new house and the upcoming Xmas I just sent back my credit card details with the form and thought no more of it .

    Couple of months later I got a summons for court, anyway off I tipped to court thinking it was nothing but a misunderstanding and didnt bother with a solicitor.

    When my case came up I was asked how did I plead to which I said guilty , after that the judge asked had I anything to say before sentencing.

    I went on to tell him that I had sent back the form with payment details and had thought no more of it after that as it was Xmas I didn't notice if the money had come out of my account with all the comings and goings .

    Said I shouldn't of pleaded guilty if this was the case and then sent me out to speak to one of the solicitors in the room,

    Anyway the solicitor said the judge would wave the charge and points under some act and I would have to make a charity donation, grand I said to my self , pleased with how things were now going .

    Anyway back inside to see the judge and he says about the act and that a charity donation will do .

    Looks down at his list and says " €750 to Nass Scouts will do nicely, when will you pay "

    It was a costly lesson for me , and it in total it cost me 3 work days , 2 days for the first appearance as there was two much happening the first day in the court and another day to show my reciept !!

    All I know is when I have kids they will be going to Nass scouts ! I have 750 in credit with them !


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Well that sucks! How long were you given to pay that?

    I simply couldn't pay a figure like that unless I was allowed to pay it in instalments.


  • Moderators, Science, Health & Environment Moderators Posts: 7,146 Mod ✭✭✭✭pistolpetes11


    Well that sucks! How long were you given to pay that?

    I simply couldn't pay a figure like that unless I was allowed to pay it in instalments.

    I paid it the next week as I didnt want to be waiting on a date to come back to the court incase I forgot it or missed the letter in the post ,

    The judge in Nass is not the nicest person in the world I reckon I caught him on a bad day .


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    €200 euro fine. :cool:


  • Registered Users Posts: 2,062 ✭✭✭cjt156


    No points? Could've been worse I suppose.


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    There was nothing mentioned about points for me or anyone who went before me, I assumed it just goes without saying... ?


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  • Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    There was nothing mentioned about points for me or anyone who went before me, I assumed it just goes without saying... ?

    I went to court over a speeding fine years ago, long story short there was no mention of points but I received a nice letter from the RSA a few days later informing me I had 4. It's an automatic thing and apparently even the judge has no discretion


  • Registered Users Posts: 345 ✭✭spankmaster2000


    It's been know to happen, especially if you move house, which you did.

    If you've moved house, you can't recieve the fine/summons, etc...

    What happens here?


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