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Fined and Penalty Points

  • 13-06-2013 12:07pm
    #1
    Jacknory
    Registered Users, Registered Users 2 Posts: 78 ✭✭


    Can someone give me advice on the following?

    My brother was caught speeding by one of those vans a few weeks back (this is not in dispute). He then received a summons in the post to attend court for failure to pay the original fine. When he received this he called the relevant offices to inform them that he had not received any notification of the speeding offence but just got a summons instead. They (not sure if it was the offices in Co Clare) informed him that it wasn't there problem that he didn't get a letter requesting payment of the fine and that he should contact the post office :rolleyes:

    Fast forward to today when his wife had to go to court (my brother is currently in Israel on business). His case was first on the list and he was issued with a €150 fine and 4 penalty points. The guy who was operating the camera van approached my brothers wife afterwards to say that she should have stood up and explained what had happened in relation to only receiveing the summons. She had never been in court before and was intimidated by the whole affair but she appraoched a Garda inspector to outline what had happened. She was then given an opportunity to inform the court of the circumstances of the event. The judge simply said that he has already issued the fine and wouldn't take what had happened in to account.

    Is there any kind of appeals process for this type of thing as the law has failed my brother (and his wife) by not taking into account what had happened?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    http://www.courts.ie/rules.nsf/pagescurrent/E7BC3303E9B0464A80256D2B0046A095?opendocument&l=en


  • #3
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    Jacknory wrote: »
    Can someone give me advice on the following?

    My brother was caught speeding by one of those vans a few weeks back (this is not in dispute). He then received a summons in the post to attend court for failure to pay the original fine. When he received this he called the relevant offices to inform them that he had not received any notification of the speeding offence but just got a summons instead. They (not sure if it was the offices in Co Clare) informed him that it wasn't there problem that he didn't get a letter requesting payment of the fine and that he should contact the post office :rolleyes:

    Fast forward to today when his wife had to go to court (my brother is currently in Israel on business). His case was first on the list and he was issued with a €150 fine and 4 penalty points. The guy who was operating the camera van approached my brothers wife afterwards to say that she should have stood up and explained what had happened in relation to only receiveing the summons. She had never been in court before and was intimidated by the whole affair but she appraoched a Garda inspector to outline what had happened. She was then given an opportunity to inform the court of the circumstances of the event. The judge simply said that he has already issued the fine and wouldn't take what had happened in to account.

    Is there any kind of appeals process for this type of thing as the law has failed my brother (and his wife) by not taking into account what had happened?
    I am not being smart but two things failed your brother: the postal service, and his wife's silence in Court. The law seems to have operated correctly.

    There are 14 days within which to appeal a fine to the Circuit Court. An appellant should contact the Court services local to his area for information on appeals.


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