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It was me m'lud..

  • 25-03-2014 12:27pm
    #1
    Registered Users Posts: 11 ✭✭✭ jmg1975


    I was driving sis'in-laws car, and got caught on speed camera.

    She is in the UK, and by the time she got the forms, and sent them back, the time for "nominating" had passed, and they sent the forms back.

    I've not seen it, but she has now apparently got a court summons.

    She can't go to court, and shouldn't have to. I can, but I am not sure they'll "listen".

    Any advise on how to deal with this?


Comments

  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,247 Mod ✭✭✭✭ johnnyskeleton


    jmg1975 wrote: »
    I was driving sis'in-laws car, and got caught on speed camera.

    She is in the UK, and by the time she got the forms, and sent them back, the time for "nominating" had passed, and they sent the forms back.

    I've not seen it, but she has now apparently got a court summons.

    She can't go to court, and shouldn't have to. I can, but I am not sure they'll "listen".

    Any advise on how to deal with this?

    Get a solicitor to assist in presenting the case.


  • Registered Users Posts: 11 ✭✭✭ jmg1975


    Seriously? OK, I accept that is an option. Thanks.

    But, is it the only option?


  • Closed Accounts Posts: 3,357 Beano


    if the time for nominating the actual driver has passed then your sister is probably on the hook for it.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,247 Mod ✭✭✭✭ johnnyskeleton


    jmg1975 wrote: »
    Seriously? OK, I accept that is an option. Thanks.

    But, is it the only option?

    It's not the only option on how to run the case. She can represent herself.

    But you asked how to increase the chances of a judge ruling in her favour, and getting a solicitor is the best way to do that by far.


  • Registered Users Posts: 29,737 ✭✭✭✭ Graces7


    jmg1975 wrote: »
    I was driving sis'in-laws car, and got caught on speed camera.

    She is in the UK, and by the time she got the forms, and sent them back, the time for "nominating" had passed, and they sent the forms back.

    I've not seen it, but she has now apparently got a court summons.

    She can't go to court, and shouldn't have to. I can, but I am not sure they'll "listen".

    Any advise on how to deal with this?


    Two questions..

    Did you know you had been caught at the time or not until your sister got the letter?

    Is she still in the UK? If so can she be ... extradited for this

    Oh and were you on her insurance as a nominated driver? ( three)


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  • Banned (with Prison Access) Posts: 3,126 Santa Cruz


    If you are confident enough to be able to attend the court and give your account of the facts (probably on oath) there will be no need to waste money on a solicitor.
    Just have the facts, date time, location ready and tell the Judge. He/she will have the option of believing you and dismissing the case against your sister in law or convicting. I would say the former.


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


    Santa Cruz wrote: »
    If you are confident enough to be able to attend the court and give your account of the facts (probably on oath) there will be no need to waste money on a solicitor.
    Just have the facts, date time, location ready and tell the Judge. He/she will have the option of believing you and dismissing the case against your sister in law or convicting. I would say the former.

    Order 6 of the District Court Rules does not extend to allowing a right of audience by brothers-in-law.

    The issue of service could be worth checking, in the circumstances outlined.


  • Registered Users Posts: 11 ✭✭✭ jmg1975


    Beano wrote: »
    if the time for nominating the actual driver has passed then your sister is probably on the hook for it.

    That's hilarious. I don't expect you are wrong.


  • Registered Users Posts: 11 ✭✭✭ jmg1975


    It's not the only option on how to run the case. She can represent herself.

    But you asked how to increase the chances of a judge ruling in her favour, and getting a solicitor is the best way to do that by far.

    Thanks, it may well be the option that I have to go with.


  • Registered Users Posts: 11 ✭✭✭ jmg1975


    Two questions..

    Did you know you had been caught at the time or not until your sister got the letter?

    No, she sent it to me, once she got it, so I could fill in my details, saying I was the driver.
    Is she still in the UK? If so can she be ... extradited for this

    Yes, she's still in the UK. I would assume she could potentially be extradited, but what a waste that would be, particularly as she's innocent.
    Oh and were you on her insurance as a nominated driver? ( three)

    No, but I am covered under my own policy to drive any other car with the owners permission.


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  • Registered Users Posts: 11 ✭✭✭ jmg1975


    If you are confident enough to be able to attend the court and give your account of the facts (probably on oath) there will be no need to waste money on a solicitor.
    Just have the facts, date time, location ready and tell the Judge. He/she will have the option of believing you and dismissing the case against your sister in law or convicting. I would say the former.

    Yes, I think that's what I will do.

    I've nothing against solicitors, but really think that a pragmatic judge (is there any, I've not experienced any type before) would accept my explanation.


  • Registered Users Posts: 11 ✭✭✭ jmg1975


    Order 6 of the District Court Rules does not extend to allowing a right of audience by brothers-in-law.

    The issue of service could be worth checking, in the circumstances outlined.

    So, the way I see it, she likely won't turn up, unless she happens to be in the country on that day.

    I'll go to court, explain that I was the driver, and then assume that they can choose to convict her in her absence and seek to extradite her from the UK, or I can save them the time, and tell them when she'll be back, and ask for an adjournment so we can both attend at the same time.

    Or, I'll ask them to prosecute me.

    I'll even bring my license, insurance docs, and cheque book.

    :-)


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


    Order 6 District Court Rules:
    Right of audience

    [Persons entitled to appear and address the court]

    1. The following persons shall be entitled to appear and address the Court and conduct proceedings—
    (a) any party to the proceedings; or

    (b) a solicitor for such party; or

    (c) a counsel instructed by the solicitor for such party; or

    (d) where the proceedings are in relation to the taxes and duties under the care and management of the Revenue Commissioners, or in relation to any fine, penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts, a duly authorised officer of the Revenue Commissioners or the Revenue solicitor; or

    (e) in proceedings at the suit of the Director of Public Prosecutions in respect of an offence, the said Director or any member of the Garda Síochána or other person appearing on behalf of or prosecuting in the name of the Director2 .

    2. Save where otherwise provided by statute or by rules of court, the father, mother, son, daughter, husband, wife, brother or sister of any party may appear on behalf of that party provided that any such person has the leave of the Court to appear and be heard and that the Court is satisfied that the party is, from infirmity or other unavoidable cause, unable to appear.

    See Order 6, above. I would suggest that your sister-in-law should instruct a solicitor to look into the matter for her.


  • Registered Users Posts: 11 ✭✭✭ jmg1975


    Order 6 District Court Rules:


    See Order 6, above. I would suggest that your sister-in-law should instruct a solicitor to look into the matter for her.

    Thank you.

    I am supposed to have a chat with a local solicitor shortly anyway, on an unrelated matter regards updating Wills, so I'll ask him... (Make sure I fill up the hour he'll charge me for anyway)...

    Depends on what he says, and how argumentative I feel, I may print that, as well as the document she sent in, that they bounced back, and claim that I am "a party to the proceedings". I was driving.... I am mentioned on the form.

    lol.

    Related...


  • Banned (with Prison Access) Posts: 3,126 Santa Cruz


    Order 6 of the District Court Rules does not extend to allowing a right of audience by brothers-in-law.

    The issue of service could be worth checking, in the circumstances outlined.


    I accept the right of audience rule fully. I would be hoping for a Judge's discretion. They are not all monsters!


  • Registered Users Posts: 11 ✭✭✭ jmg1975


    Santa Cruz wrote: »
    I accept the right of audience rule fully. I would be hoping for a Judge's discretion. They are not all monsters!

    Thanks, I'll go. Explain the full story, have the docs and chequebook handy, and hope for a pragmatic resolution.

    If I get a crappy decision, what is the worst that she would get?


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


    Santa Cruz wrote: »
    I accept the right of audience rule fully. I would be hoping for a Judge's discretion. They are not all monsters!

    There were a number of other reasons why I think that a solicitor should look into it, to include service of documents, appearance on behalf of the defendant, appearance curing defects in service, appearance without prejudice.


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