Legal Quandary regarding speeding fine

hollingr

What if someone receives a fixed penalty charge notice for speeding, but only after the time has already elapsed to pay it?

So the letter is dated for the start of February but you don't actually get it until mid april!

I can't see how to prove that you just received the letter...

Shield

Did you keep the envelope it came in?

hollingr

yes i did. but there is no time or date on the envelope it just says postage paid and the return address

Shield

IF IT WAS ME:

I would pay the fine that one would normally pay if I had received it within the permitted time limits, and attach a letter explaining the situation in full, leaving nothing out. That way, if I was summonsed, I would have proof that I paid it exactly when I received it, and the judge would obviously understand that time was needed to send the fine out to the Registered Keeper, which was sent back naming the driver, and so on.. all the while, days are passing by, including the Easter holidays, etc.

hollingr

If i do end up having to go to court is it possible to get free legal aid anywhere I am an unemployed student

Shield

I don't believe something this trivial would be deemed important enough to receive free legal aid, but this is something I'm not sure about, so wait for one of the practising lawyers on the forum to answer that, or anyone who happens to know through experience or otherwise.

Alternatively, you can contact the Department of Justice and ask them over the phone.

hollingr

Thanks for advice going to call the garda office on the letter and see if i can sort it with them first.. maybe they will see it was their error and let me just pay the original fine!

godtabh

IF the time to pay it has run out you can not pay it and will have to go to court

Speeding offences: an fixed charge fine of €80, together with 2 penalty points. If you have been caught speeding on police traffic camera, you will receive notice of your fine and penalty points of the offence by post. You have 28 days in which to pay your fine from the date the notice issues to you to pay your fine. If you do not pay your fine, the fine then increases to €120 which you must pay within 28 days. If after this time (56 days) you still have not paid your fine, the offence is referred to the courts. If you are convicted in court of speeding offences and non-payment of fines, you will automatically receive 4 penalty points and a fine up to a maximum of €800.

Del2005

Shield wrote: »

the judge would obviously understand that time was needed to send the fine out to the Registered Keeper, which was sent back naming the driver, and so on.. all the while, days are passing by, including the Easter holidays, etc.

Once the registered owner names the driver within the 28 days of issue they are OK. The driver then gets 28 days again.


IIRC they've removed the I didn't get it excuse for fixed penalty notices. Only thing the OP can do is go to court and say they'd have accepted the fixed penalty notice if they'd received it on time and hope the judge doesn't increase the penalty.

jd80

I have seen similar cases in the District Court where the defendants claimed they did not receive the letter

Judge asked each of them if something was wrong with their postal deliveries.

She let them off points but they had to pay the fine there and then

She 'suggested' to the Inspector present that 'maybe' such letters should be sent per registered post in future

You can state your case in Court. whether it will be believed or not is the question

What did the Gaurd say? Have you met him yet?

hollingr

follow up for you guys that are curious - I emailed/called the NPO enquires office and they have decided to drop the prosecution and I won't have to pay any fine or get any points due to the technical error they made with the dates.

It was an automated van wasn't actually stopped by a particular garda!

Wonder how often this happens.. seems silly I would happily paid the original fine/take points that were due.. but there is no way for them to redress technical errors like this, going to court is a waste of time the judge would simply throw out the case in these circumstances so they just drop the prosecution.

SB2013

Did you get it in writing?

hollingr

SB2013 wrote: »

Did you get it in writing?

Indeed i did! get it in email. id post it here but i doubt im allowed!

jd80

Good result

Del2005

Francesca Sticky Swan wrote: »

Suppose for example my mate John was driving us home after a weekend away and he got snapped speeding in my car. I receive the fine in the post, I put johns name and address down and send it off. Suppose John never bothers paying the fine, can anything happen to me?

I've no idea. But IMO you've completed your part of the process, take the points or name the driver. It then up to the courts/Gardaí to deal with John.