court summons

xxlauraxxox

hey guys i received a fine in june this year for non display of tax in the post(was out a month)i wasnt pulled over so i take i was caught by a sensor thing in the squad car and it totally slipped my mind to pay it :mad: i no stupid but id a lot going family reasons and now a guard has just rang and asked me to call to the station and collect the summons for court ill go to court i know i was wrong but i didnt get a reminder about payment of the fine normally i thought theyd send one out.so im wondering no 1 doesnt he hae to hand the summons to me at my door and no 2 it irraiting me that he actually rang my moblie when my number isnt on enquires

Paulw

Just go to the station, collect the summons. Then turn up in court, pay the fine and move on.

Victor

xxlauraxxox wrote: »

no 2 it irraiting me that he actually rang my moblie when my number isnt on enquires

Actually, I just checked now, and I was able to access your number.

ResearchWill

xxlauraxxox wrote: »

hey guys i received a fine in june this year for non display of tax in the post(was out a month)i wasnt pulled over so i take i was caught by a sensor thing in the squad car and it totally slipped my mind to pay it :mad: i no stupid but id a lot going family reasons and now a guard has just rang and asked me to call to the station and collect the summons for court ill go to court i know i was wrong but i didnt get a reminder about payment of the fine normally i thought theyd send one out.so im wondering no 1 doesnt he hae to hand the summons to me at my door and no 2 it irraiting me that he actually rang my moblie when my number isnt on enquires

Reminders are not sent out you are given one chance to pay fine that's it. So instead of AGS getting your number you would prefer him to call to your home or place of work and hand you the summons personally. Then ring him back give out to him for investigating crime, and tell him to serve you personally. It's funny you break the law but some how it's the guards fault.

Reloc8

I think I know how he got your number and if so its not exactly a breach of your privacy, far from it.

As regards him asking you to collect it from station, would you prefer he called around to your door ?

Pat Mustard

I'm guessing that the Garda got the OP's mobile number from details that the OP had previously given to motortax.ie, no?

Personally, if I was in this situation, whilst I wouldn't attempt to avoid service, I see no advantage in ensuring that service is validly effected by the State.

It has happened that Gardai have attempted service and believed that service was valid, only for service to be deemed invalid in court and the summons struck out. It may not happen all of the time, but it happens.

Very often, when a summons is struck out, the matter doesn't go any further, even though the State may have the right to issue a fresh summons arising out of the same complaint.

Of course this is all our conjecture on boards.ie, OP, so if you have a doubt arising out of the conflicting opinions in this forum, consult a solicitor for professional advice.

fasttalkerchat

The Mustard wrote: »

I'm guessing that the Garda got the OP's mobile number from details that the OP had previously given to motortax.ie, no?

Personally, if I was in this situation, whilst I wouldn't attempt to avoid service, I see no advantage in ensuring that service is validly effected by the State.

It has happened that Gardai have attempted service and believed that service was valid, only for service to be deemed invalid in court and the summons struck out. It may not happen all of the time, but it happens.

Very often, when a summons is struck out, the matter doesn't go any further, even though the State may have the right to issue a fresh summons arising out of the same complaint.

Of course this is all our conjecture on boards.ie, OP, so if you have a doubt arising out of the conflicting opinions in this forum, consult a solicitor for professional advice.

Would this be in the case of a non-appearance of the defendant or if the defendant showed up to the unofficial summons?

Pat Mustard

fasttalkerchat wrote: »

Would this be in the case of a non-appearance of the defendant or if the defendant showed up to the unofficial summons?

A defendant's solicitor might appear 'without prejudice' in order to argue the point.

If the defendant were to attend court, it might cure an alleged defect in service.

jjf1974

The Mustard wrote: »

A defendant's solicitor might appear 'without prejudice' in order to argue the point.

If the defendant were to attend court, it might cure an alleged defect in service.

A solicitor to argue this point is going to cost you more than simply turning up and paying the fine .I think it is 80 euro but i might be wrong.

Reloc8

If you don't appear the Judge will ask how it was served. If the garda can't say it was served in accordance with the rules (ordinarily personal service on an individual) then the case is adjourned for proper service to be effected, and a garda will call out to the house with the summons. If you do appear personally then except in very exotic circumstances it doesn't matter how you have been served.

If a solicitor turned up to argue that his client had been told about the summons but not served, the Judge would (or should) proceed as above - i.e. put it back and direct personal service.

All the garda was trying to do was avoid the need to have a garda call out the the OP's residence - sure, it would have suited him/her as much as anyone else, but it seems to me that it also avoids the gardai coming to the door - which a lot of people would prefer not to have happen (making a show of me etc.)