Summons received

CheltenhamJ

Have just received summons today for parking ticket that I only sent cheque for this morning - can it be removed ?

Inmyownworld

CheltenhamJ wrote: »

Have just received summons today for parking ticket that I only sent cheque for this morning - can it be removed ?

They'll most likely strike it out if the cheque is received and it's something minor like that.

You may have to pay a strike out fee if it's already lodged in the Court but if u received it only today chances are it won't yet be lodged.

Give them a call tomorrow and say it was paid and could it be fine.

Pat Mustard

Inmyownworld wrote: »

They'll most likely strike it out if the cheque is received and it's something minor like that.

You may have to pay a strike out fee if it's already lodged in the Court but if u received it only today chances are it won't yet be lodged.

Give them a call tomorrow and say it was paid and could it be fine.

The guy has a summons and now this has to go to court.

There is no such thing as a 'strike out fee'.

You don't know what you're talking about.

Inmyownworld

The Mustard wrote: »

The guy has a summons and now this has to go to court.

There is no such thing as a 'strike out fee'.

You don't know what you're talking about.

I have worked in an office that issued summonses for minor things like not paying a fine and if it was paid just before the summons was issued or immediately after a strike out fee could be paid and the matter would be struck off.

Might not be the same for this but there is a possibility.

So actually, I do know what I'm talking about.

Pat Mustard

Inmyownworld wrote: »

I have worked in an office that issued summonses for minor things like not paying a fine and if it was paid just before the summons was issued or immediately after a strike out fee could be paid and the matter would be struck off.

Might not be the same for this but there is a possibility.

So actually, I do know what I'm talking about.

If a criminal summons is issued and served, the matter will go to court.

You have told the OP that the matter is likely to be struck out, when it is only within the power of the judge to strike out the matter. Maybe you are familiar with the form of one District Judge with regard to his attitude to striking out charges, but that doesn't mean that this will apply across the board, in other jurisdictions.

Inmyownworld

The Mustard wrote: »

If a criminal summons is issued and served, the matter will go to court.

You have told the OP that the matter is likely to be struck out, when it is only within the power of the judge to strike out the matter. Maybe you are familiar with the form of one District Judge with regard to his attitude to striking out charges, but that doesn't mean that this will apply across the board, in other jurisdictions.

Apologies, I've just been aware of a good few instances where a summons was issued for a fine or a minor matter and if it was paid it was struck out.

Obviously not always the case when a summons is issued, I shouldn't have said "most likely".

But I'd imagine it would be worth a try contacting the council that issued the fine in the first place? You never know.

Stella11

It's not criminal. It's a parking ticket. A road traffic offence. Big difference. Best to ring the office and tell them you've paid it. You might still have to appear in court tho.

Pat Mustard

Stella11 wrote: »

It's not criminal. It's a parking ticket. A road traffic offence. Big difference.

Oh for Christ's sake. Not this again.

Even a parking charge is a criminal offence.

hullaballoo

Stella11 wrote: »

It's not criminal. It's a parking ticket. A road traffic offence. Big difference.

We don't have anything other than criminal offences here.

Just to be clear (if not exact) before this gets out of hand.

1. All cases in which the word "offence" appears are criminal;
2. All criminal convictions go on your record;
3. All criminal convictions stay on your record forever.

Stella11

Are either of you 'experts' lawyers?

hullaballoo

Stella11 wrote: »

Are either of you 'experts' lawyers?

Yes. We both are.

There isn't much to it, though. Mostly we just send in ten packets of crisps and a few grand to our regulators and away we go.

Stella11

Bar room lawyers.. A fine for a parking ticket is not a criminal offence. Go back to the pub and have another pint

Pat Mustard

Rubbish.

People come on to this forum saying that road traffic offences are not criminal offences. But they don't know what they are talking about.

If you want to talk about what is a crime or what is not, then you should consult a legal dictionary.

Crimes are usually defined by sanctions imposed by the State; fines, custodial sentences, etc.

If somebody can be fined for doing something by the State, then it is a crime.

Assault, littering, drink driving, speeding, dangerous driving causing death, manslaughter, murder; all of these are crimes.

Just because a particular matter is a minor offence such as not wearing a seat belt or drink driving does not mean that it is not a crime.

http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/classification_of_crimes_in_criminal_cases.html

Peregrinus

Stella11 wrote: »

Bar room lawyers.. A fine for a parking ticket is not a criminal offence. Go back to the pub and have another pint

A parking offence is a criminal offence.

If you get a parking ticket and pay it, that's not a criminal conviction. In return for your paying the ticket, they don't prosecute you for the parking offence, and so there is no conviction.

If you get a parking ticket and don't pay it, then they prosecute you. The charge will not be that you failed to pay the ticket; not paying the ticket is not an offence. You're under no obligation to pay the ticket if you don't want to. The charge will be that you parked illegally, and that is an offence. If you are convicted, that's a conviction for a criminal offence.

CheltenhamJ

Thanks for help , didnt mean to cause this much debate , i feel a bit aggrieved - i had been away and just couldnt get to it which is very infuriating

Carawaystick

The Mustard wrote: »

If you want to talk about what is a crime or what is not, then you should consult a legal dictionary.

Crimes are usually defined by sanctions imposed by the State; fines, custodial sentences, etc.

If somebody can be fined for doing something by the State, then it is a crime.

Assault, littering, drink driving, speeding, dangerous driving causing death, manslaughter, murder; all of these are crimes.

If a car is parked illegally,
Who commits the crime?
Owner, driver or registered owner?

greasepalm

at a guess registered owner and then would have to prove if someone else used it at said time.

unattendedbag

Carawaystick wrote: »

If a car is parked illegally,
Who commits the crime?
Owner, driver or registered owner?

The presumption is on the registered owner and it's up to them to make a declaration as to who was last driving.

Back to the district court cases. A district court judge can disqualify a driver and impose custodial sentence for breach of any road traffic legislation. It's usually more reserved for serious offences such as drink driving, dangerous driving, no insurance etc.

Pat Mustard

Carawaystick wrote: »

If a car is parked illegally,
Who commits the crime?
Owner, driver or registered owner?

The legislation relating to the particular offence would have to be checked.

For example, s.55 of the Road Traffic Act 1961 (as amended) states that a person who parks a vehicle dangerously commits an offence.

55. Parking vehicle in dangerous position
(1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would
be likely to cause danger to other persons using that place.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary
conviction—
(a) in the case of—
(i) a first offence, where any part of the period of the contravention was a period
within lighting-up hours (as declared by regulations under section 11) during which
the vehicle did not fulfil the requirements imposed by law with respect to lighting
and reflectors, or
(ii) a second or any subsequent offence, to a class B fine or to imprisonment for a
term not exceeding one month or to both, and
(b) in any other case, to a class C fine.
(3) Where a member of the Garda Síochána is of opinion that a person is committing or has
committed an offence under this section, he or she may arrest the person without warrant.

Peregrinus

Carawaystick wrote: »

If a car is parked illegally,
Who commits the crime?
Owner, driver or registered owner?

It's the person who parked it.

There is a rebuttable presumption that the registered owner parked it. The presumption can be rebutted by evidence showing that. on the balance of probabilities, someone else parked it.