Cheque returned by Gardai

naidy123

Hands up- Got caught doing 60 in a 50 zone and received a notice in the post on the 30th Jan for an offence which happened on the 22nd January.

On the 20th Feb I sent off my cheque ( 80 euros) and this morning i checked the post box and i find that all my documents have been returned including my cheque as i haven't enclosed the correct sum. ( it was stamped 23rd Feb).

This must be some new scam to wrangle more money out of people but what can i do..i clearly paid with 28 days of the fixed penalty notice as per their letter yet they are throwing the money back at me and demanding 120€.

I honestly feel like telling them i will see them in court as there in no judge in the land that cant count the number of days.

Anyone ever come up against this before??? if i challenge it could my offence be struck out and i am 80 euro the richer??:D

weeder

was it registered post?

Chuck_Norris

I may be wrong here, but is it not 28 days from the offence? If so, they were well within their rights?.

What was the date on the penalty notice o/p?

Jimdagym

Chuck_Norris wrote: »

I may be wrong here, but is it not 28 days from the offence? If so, they were well within their rights?.

What was the date on the penalty notice o/p?

The clock starts on the date the notice was issued. It will be listed on the notice itself.

Chuck_Norris

Jimdagym wrote: »

Chuck_Norris wrote: »

I may be wrong here, but is it not 28 days from the offence? If so, they were well within their rights?.

What was the date on the penalty notice o/p?

The clock starts on the date the notice was issued. It will be listed on the notice itself.

Thought it was something like that alright.

So making a big assumption here, but I don't think it'd take eight days to get through the mail.

Edit: to explain myself better, I meant its all down to the date on the notice.

Unless the notice is dated the same day that the offence took place, the o/p should be in the clear.

hi_im_fil

They often only send out the notice months after the offence took place

Cookie_Monster

do they accept cheques still? I can't see any reason why they would anymore, a lot of business don't these days.

naidy123

Chuck_Norris wrote: »

I may be wrong here, but is it not 28 days from the offence? If so, they were well within their rights?.

What was the date on the penalty notice o/p?

The date on the letter was 27th Jan but I don't get post at the weekend so it was Monday I received it! It was not registered. By my calculations they stamped it on the 23rd Feb which was is exactly 28 days even if I received the letter the same day as it was posted. (which I didn't)

naidy123

Cookie_Monster wrote: »

do they accept cheques still? I can't see any reason why they would anymore, a lot of business don't these days.

Oh they accept anything.. Including cheques

dgt

Why were you checking your post on a sunday?

Chuck_Norris

Well if it's dated the 27th, you should be in the clear.

naidy123

dgt wrote: »

Why were you checking your post on a sunday?

I live in an apartment and our communal post box is on the other side of the building so only checked it this morning. It must have arrived on Friday as there was nothing in the post box when I checked on Thursday.

Thanks for all your replies.

theteal

edit

Chuck_Norris

Sorry to be pedantic naidy, but when you said the date on the letter was the 27th, did you mean that it stated that the fixed penalty notice was being issued on the 27th? Or that it was post marked for the 27th?

theteal

does it not state "within 28 days"? if it does, you're a day late op. they give such windows of time to allow for postage etc., it doesn't matter what day you opened it, what matters is the date of issue. I hope I'm wrong op but I think you're liable for the increased fine

Anan1

If the letter was dated 27/01 and was returned stamped 23/02 then I can't see how the OP could be liable for the €120 fine. The question is what to do now - i'd be thinking that, if the OP rang the payment office, they'd cancel the fine.

naidy123

Chuck_Norris wrote: »

Sorry to be pedantic naidy, but when you said the date on the letter was the 27th, did you mean that it stated that the fixed penalty notice was being issued on the 27th? Or that it was post marked for the 27th?

The letter was issued on the 27th I assume as that's the date on the letter even so I would argue I am within the time frame. They are based in co. Clare and I live in Dublin. I know an post are good but same day delivery did not happen.

They are clearly being pedantic. I will ring in the morning and see what the story is. Will let ye know how I got on.

Pat Mustard

Good idea.

Email or write to the Fixed Charge Processing Office and tell them they made a mistake.

The Fixed Charge Processing Office can be contacted at:-
Fixed Charge Processing Office
Parnell Street
Thurles
County Tipperary
Tel: +353 504 59800
Freephone: 1890 30 40 60
Fax: +353 504 59844
E-mail: npo@garda.ie

theteal

naidy123 wrote: »

The letter was issued on the 27th I assume as that's the date on the letter even so I would argue I am within the time frame. They are based in co. Clare and I live in Dublin. I know an post are good but same day delivery did not happen.

They are clearly being pedantic. I will ring in the morning and see what the story is. Will let ye know how I got on.

please do let us know how you get on, this could be an interesting one. good luck

Chuck_Norris

Ok. But is there anything else on the letter stating the date issue of the penalty notice? Or is the date of issue of the penalty notice clearly marked as the 27th?

And I'm not trying to be an a$$ about this. I'm hoping that there was an error on the Feds part, and you're not out of pocket an extra €40.

I just have a funny feeling that you were a day late, according to the cops records anyway.

Anan1

naidy123 wrote: »

They are clearly being pedantic. I will ring in the morning and see what the story is. Will let ye know how I got on.

There's no pedantic about it, they're either right or they're wrong. Sure keep us posted.

deadwood

naidy123 wrote: »

They are based in co. Clare and I live in Dublin.

The Mustard wrote: »

The Fixed Charge Processing Office can be contacted at:-
Fixed Charge Processing Office
Parnell Street
Thurles
County Tipperary

Did you send it to the right place?

Mycroft H

deadwood wrote: »

naidy123 wrote: »

They are based in co. Clare and I live in Dublin.

The Mustard wrote: »

The Fixed Charge Processing Office can be contacted at:-
Fixed Charge Processing Office
Parnell Street
Thurles
County Tipperary

Did you send it to the right place?

They're definitely based in tipp. I only got a letter of them yesterday

testicle

naidy123 wrote: »

On the 20th Feb I sent off my cheque ( 80 euros) and this morning i checked the post box and i find that all my documents have been returned including my cheque as i haven't enclosed the correct sum. ( it was stamped 23rd Feb).

How much was the cheque for that you sent?

djimi

Did the original letter not state how much you had to pay? Send them back a letter saying that you have paid the required amount in the required time frame, and see what they respond. It sounds to me like a clerical error.

urajoke

As regards going to court to sort it out. Remember the extra €40 versus time off work to attend court and time spent waiting on your case plus parking, on the chance you might win=is it worth it.

As others have said either call or email the payments section and see what they say.

TOMP

Were u caught by one of the camera vans?

naidy123

update
Rang the guards today. I was one day late as they count the day the send it as the 1st day of notice regardless of when you get it. Seems they did not receive until the 23rd i was on day 29. They transfered me to Tipperary where they process the fines ( you sent the money to a PO Box in Kilrush , Co Clare) and they informed me it was tough luck. should have paid the fine on time. I asked about an appeal and they said it was court. I will write again enclosing my cheque for 80 and explaining the situation but i dont fancy my chances. I think i will have to chalk it down to bad bad luck. thanks for all your replies.

mickdw

Thats pretty sh1ty. It would appear then that they are counting the actual day they post it and the day they receive it which is just alittle bit too cute.

MugMugs

mickdw wrote: »

Thats pretty sh1ty. It would appear then that they are counting the actual day they post it and the day they receive it which is just alittle bit too cute.

Thats utter bollox !

How can they include that day ? It's hardly going to arrive into your post box that day so how is that fair ?

And what kind of anal civil servant screws somebody on a day ?

I'd run that to court and fight my side !

mathepac

To stop all this "postal" vagueness, why not (in future) submit the notice and payment to the official at your local Post Office counter? They issue a receipt, all done electronically on the day and the job is Oxo. They can't deliver letters but they're great at taking money.

djimi

Isnt there usually a date on the letter which is considered to be the first day of the time span you have to pay? That was the case with the last speeding fine I got anyway.

Marlow

There's always a date on the notice, which is the first date and which is a date after you committed the offence. Be happy for the days between committing the offence and the letter arriving that you got for free.

Also, Both cheques and sending them by post is a serious bad idea adding loads of things, that can go wrong. Pay in the post office, get your receipt and you know for sure, that the issue has been dealt with. Should it still go wrong, you'll have a receipt, that guarantees you being on the right side.

Everything else that goes wrong will be your liability. In theory they could even account for the 3 or more days, a cheque takes to clear. A lot of businesses do.

By paying as late as you did, you definatly are in the absolute chancer category.

/M

Senna

naidy123 wrote: »

update
I was one day late as they count the day the send it as the 1st day of notice regardless of when you get it

That's ridiculous, so by that reasoning if i tell you i want you to phone me in two days, then i want you to phone me tomorrow:rolleyes:

MadsL

naidy123 wrote: »

update
Rang the guards today. I was one day late as they count the day the send it as the 1st day of notice regardless of when you get it. Seems they did not receive until the 23rd i was on day 29. They transfered me to Tipperary where they process the fines ( you sent the money to a PO Box in Kilrush , Co Clare) and they informed me it was tough luck. should have paid the fine on time. I asked about an appeal and they said it was court. I will write again enclosing my cheque for 80 and explaining the situation but i dont fancy my chances. I think i will have to chalk it down to bad bad luck. thanks for all your replies.

Happened to me too, they refused to accept the cheque as it was hand delivered after hours....got sent back to me with a hand written note saying "you'll have to go to court".

Last I ever heard from them

Statute of limitations run out now!

mathepac

Senna wrote: »

That's ridiculous, so by that reasoning if i tell you i want you to phone me in two days, then i want you to phone me tomorrow:rolleyes:

I suspect some posters may not be old enough or mature enough to have received bills / invoices in their own names.

Every single bill or invoice I have ever received is payable X (7,10,30) "days from date of issue" This includes the ESB, Bord Gais, Calor, your local builder, garage, etc.

The simple reason for this is that legally a company , Guard, clerk of a court, solicitor, phone company or whoever can state when it was posted, but unless they register each and every bill they issue they cannot state with certainty when it was received by the debtor, thus the clock starts running on "sate of issue".

You might not like it, but it also gets dark at night - try changing that.

Years ago, a company of any size had a mail-room or post-room where every piece of post, registered or not was documented in a post-book on issue or delivery. It was a good practice - I'm not sure if it happens to-day though.