Fixed Charge Notice/summons for speeding

hoey

Hi,
does anyone know anymore about this - situation is as follows : I have just received a summons to attend court re speeding next week. I have no difficulty holding hand up and paying the fine for speeding, however I never received any fixed charge notice by post and it seems a bit unfair that the first I have heard of this is that I have to attend court.

I know that there was an issue in the courts a while back where District Court judges were striking out summons if the accused gave evidence that they had not received a fixed charge notice. As the gards did not have proof usually as the notices were not sent out by registered post then the judges were strking out the summonses. Perhaps in some cases people had received the fixed charge notices by ordinary post and were lying in the box, and perhaps the judges were getting tired of this (though hand on heart in my own case I never received such a notice).

Anyways, having asked around one friend told me that they thought that because there was a High Court case recently about this that the judges are no longer striking out the summonses just because guards cannot prove service of the fixed charge notice. So now I really don't know what to do. - should I go to court, tell the judge the truth and hope for the best, or is there any point in that? Has anyone experience this situation recently.
Quite worried about going to court on Monday as will have implications for my job situation, and is not a place I want to be!

Thanks for any advice

MugMugs

Well you have no real choice OP.

You've been summonsed by a court of law and you should comply. When asked why you didn't pay, say you weren't aware of your crime.

I've heard of a judge asking defendants for proof they didn't receive their letter. But I think he was just being a pedantic pr1ck.

Best of luck OP.

hondasam

Go to court and explain you did not get the fixed penalty notice.
Is the car registered where you live or where you get your post?
You will have to swear on oath that you did not receive the fine.
How will it have implications on your job it's a traffic offence.

hoey

Great, thanks for the replies.

I just thought that there was something a while back where judges were obliged to strike the summons out if the accused gave evidence that they didn't received the fixed charge notice, and am just trying to find out if that is still the case or not.

I feel a bit annoyed about this because I would definitely have paid the FCN if I had got it because - less penalty points, wouldn't have had the stress of going to court and also I think also wouldn't have a conviction.
Going to court, if the judge doesn't strike the summons out, then I will have a conviction on my record. It would show up if an employer did a garda search on me, and in my line of work it's better if nothing shows up on a garda search, (even if it is only a motor offence).

Thanks

hondasam

Where is the car registered? this is where the fine goes and it's up to you to change your address if you move, judge will take this into account.
The FCPS is issued to the reg owner's address.
Your employer will need your permission to do garda clearance and motor offences are not counted.

hoey

Car is registered at same address where I received the summons. I just did not get the FCN - seems like the guards skipped this step to me. I'm pretty annoyed !! would def have paid the notice if I had got it, and now I have to go to court and potentially have a conviction. Just doesn't seem fair at all.

hondasam

The guards do not send the notice. It automatically issues after 56 days. If you think about it there are thousands of these issued every day and majority of people receive them ok.

hoey

Yes, but I didn't receive it! Just wondering if anyone has been in the same situation and how the courts have dealt with them.

hondasam

It does not matter how the court dealt with anyone else, every judge is different on the day. You automatically get double points on your licence.
Go to court and hope for the best.

Seth Brundle

hondasam wrote: »

The guards do not send the notice. It automatically issues after 56 days. If you think about it there are thousands of these issued every day and majority of people receive them ok.

By your own admission, many do not receive them which isn't good enough.

hondasam

kbannon wrote: »

By your own admission, many do not receive them which isn't good enough.

How many receive them but claim they don't? How many letters go missing in the post everyday?
I would say a few might not receive them but not many because that would indicate there is something wrong with the postal service.

Bohrio

hondasam wrote: »

How many receive them but claim they don't? How many letters go missing in the post everyday?
I would say a few might not receive them but not many because that would indicate there is something wrong with the postal service.

If they decide to send this letters as registered post instead of normal post then it will be easier to keep track.

Its unbelievable to think they send important documents like this using non registered mail.

hondasam

Bohrio wrote: »

If they decide to send this letters as registered post instead of normal post then it will be easier to keep track.

Its unbelievable that they send important documents like this using non registered mail.

how many people get the fine and pay in the 28 days?
Registering mail just for a minority who say they did not receive it would be a waste of money.

jhegarty

hondasam wrote: »

how many people get the fine and pay in the 28 days?
Registering mail just for a minority who say they did not receive it would be a waste of money.

And your solution for those minority ?

Double points and bad luck ?

Bohrio

hondasam wrote: »

how many people get the fine and pay in the 28 days?
Registering mail just for a minority who say they did not receive it would be a waste of money.

That how they do it in most parts of Europe>

You cant send a documents on the post and then dont expect people to say they havent recieved it, they will have to prove they had or havent.

Same way tthey have to prove that you have exceeded the speed limit by taking a picture of you speeding

It will save time and hassle, no way getting out of this if you have prove that the letter was received>

In some countries, even if you decide not to accept the notice when it comes through registered post after a few failed attempts you will automatically go on the city council registry list where they will put everyone with an offense, by law, the citizen is obliged to look at that list and make sure they arent listed.

But letters do get lost in the mail, im sure there are more people who get the letter and then say they didnt but it is not fair for those who actually never got it, specially if, in they future, they increase these penalties both points and moneywise... you will be pretty pissed if you have to pay 3000 euro instead of 1500 for a ticket, what if someone else was driving? because you didnt recieved the ticket you werent able to notify the garda that you werent the person driving...

hondasam

jhegarty wrote: »

And your solution for those minority ?

Double points and bad luck ?

You can go to court and plead your case with the judge, swear on oath you did not receive the fine and see what happens.

http://www.google.ie/url?sa=t&rct=j&q=speeding%20fines&source=web&cd=2&sqi=2&ved=0CHwQFjAB&url=http%3A%2F%2Fwww.irishexaminer.com%2Fireland%2Fkfgbqlkfsnoj%2Frss2%2F&ei=XRHXT8GmBYi3hQeMtOTmAg&usg=AFQjCNEXSxwbTyTdWuCUrfsLnJ4xVnm6Fg

http://www.google.ie/url?sa=t&rct=j&q=speeding%20fines%20not%20receive%20in%20post%20&source=web&cd=2&ved=0CGEQFjAB&url=http%3A%2F%2Fwww.limerickleader.ie%2Fnews%2Flocal%2Fspeeding-cases-thrown-out-as-motorists-claim-they-did-not-receive-fines-1-2860088&ei=fBjXT_C5Moi3hQeKtOTmAg&usg=AFQjCNEnsSr3HIbl8TSIQKsRKzPOE-NDLA

http://www.google.ie/url?sa=t&rct=j&q=speeding%20fines%20not%20receive%20in%20post%20&source=web&cd=3&ved=0CGUQFjAC&url=http%3A%2F%2Fwww.donegaldaily.com%2F2011%2F10%2F05%2Fjudge-suspicious-about-speeding-fines-not-being-received-in-post-in-donegal%2F&ei=fBjXT_C5Moi3hQeKtOTmAg&usg=AFQjCNHebF9j43EgNWIgFhFRg6RI39WaDA

Bohrio wrote: »

That how they do it in most parts of Europe>

Are you saying most parts of Europe send the fines by registered post?

Bohrio

hondasam wrote: »

You can go to court and plead your case with the judge, swear on oath you did not receive the fine and see what happens.

http://www.google.ie/url?sa=t&rct=j&q=speeding%20fines&source=web&cd=2&sqi=2&ved=0CHwQFjAB&url=http%3A%2F%2Fwww.irishexaminer.com%2Fireland%2Fkfgbqlkfsnoj%2Frss2%2F&ei=XRHXT8GmBYi3hQeMtOTmAg&usg=AFQjCNEXSxwbTyTdWuCUrfsLnJ4xVnm6Fg

http://www.google.ie/url?sa=t&rct=j&q=speeding%20fines%20not%20receive%20in%20post%20&source=web&cd=2&ved=0CGEQFjAB&url=http%3A%2F%2Fwww.limerickleader.ie%2Fnews%2Flocal%2Fspeeding-cases-thrown-out-as-motorists-claim-they-did-not-receive-fines-1-2860088&ei=fBjXT_C5Moi3hQeKtOTmAg&usg=AFQjCNEnsSr3HIbl8TSIQKsRKzPOE-NDLA

http://www.google.ie/url?sa=t&rct=j&q=speeding%20fines%20not%20receive%20in%20post%20&source=web&cd=3&ved=0CGUQFjAC&url=http%3A%2F%2Fwww.donegaldaily.com%2F2011%2F10%2F05%2Fjudge-suspicious-about-speeding-fines-not-being-received-in-post-in-donegal%2F&ei=fBjXT_C5Moi3hQeKtOTmAg&usg=AFQjCNHebF9j43EgNWIgFhFRg6RI39WaDA



Are you saying most parts of Europe send the fines by registered post?

I can't actually, but I know this happens in Spain, I think it also does in Portugal, Italy and I believe France? cant say 100%. Not sure about germany and the others.

It will prevent things like the ones you outlined above...

It will be well worth it. Who are they to say I havent/didnt received my ticket?

This should be mandatory with any type of documents, like the car cert, driving licenses, etc. Anyone can open my mailbox and get my mail

You say sending letters by registerd post costs money... well, I say they will save money if they start doing it...

another example

Two thirds of speeding tickets are dismissed... that's a lot of money wasted in my opinion...

Hifiman

About four years ago, one Saturday afternoon I was stopped by a Guard (just outside the entrance to Leopardstown Racecourse) I initially, thought, he was stopping me and others to let traffic into the racecourse but noticed he was beckoning me to pull over. He said I'd been speeding, which I disputed, as I honestly didn't think I was. He also made a big deal about the fact that I had a UK licence asking the reason why. (There's only one reason - I lived in the UK when I did the test, got the licence and still have it. It's a valid EU licence!)

Anyway, got the summons, ignored it, and was eventually summoned to court. Wrote down a few notes arguing my case put and on the tin of fruit etc.

Was eventually called up to the dock, stepped in...a Garda stepped in on the other side, who then said: "That case has been struck out, Judge." Judge looked over at me and said, "off you go" or words to that effect. Result! (I still don't think I was speeding and the Gardai didn't appear to have any evidence.)

Borderfox

I had the same situation as the op, went and met the Garda named on the summons and explained the situation and he accepted my version of events. Still had to go to court but was struck out.

I.S.T.

hondasam wrote: »

How many receive them but claim they don't? How many letters go missing in the post everyday?
I would say a few might not receive them but not many because that would indicate there is something wrong with the postal service.

They should be sent by registered post. They make enough from the fine to justify paying the extra for registered post.

Think about it like this, if you send the payment through the post (if this is possible, not sure) and they didn't receive it, the obligation would be on you to prove you sent it, not the other way around.

Borderfox

Not only is the onus on you to incriminate yourself but you also have to accept a higher punishment for their lack of registering a letter. I dont think so

fearghalm478

hi all, I recently emigrated to the UAE for work purposes. last night i received a phone call telling me a garda called into my old job asking had i left the country so my employer said yes. so he called me and told me what had happened. So then i rang my old housemate to find out if any officers had come there and it turns out they had. I had recieved a speeding fine after i left the address and so never got it. this is nearly 5 months ago and so it still remains un paid. what will happen next? all helpful answers appreciated.

Rob Thomas

Borderfox wrote: »

I had the same situation as the op, went and met the Garda named on the summons and explained the situation and he accepted my version of events. Still had to go to court but was struck out.

This happened in to a couple of mates of mine, one was similar to the OP scenario and he did exactly as quoted here and the case was struck out on the day but he did have to go to court.

The second was different in that he got the fine and sent it back but there was a problem with payment (card number written wrong or something) the processing office sent it back to him to change and he never got that. So he ended up with a summons. Went to court, explained the situation, swore he never got the forms back and the judge suggested he pay the €80 to the poor box and struck out the charge.