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Received summons incorrectly

  • 14-06-2014 8:50am
    #1
    Aceform
    Registered Users, Registered Users 2 Posts: 112 ✭✭Aceform


    Hi Folks,

    I hope some one can guide me here.

    I was penalised for speeding late last year. I got the notice and paid the fine.
    I had no Driving licence at the time, so the Guard asked me to show my DL in my local gaurda station.

    The guard who fined me checked the NCT/TAX and Insurance discs, they were all intact. He never asked me for the Insurance Cert.

    Out of blumoon, I received a summons yesterday which said that I was driving without insurance and have to appear for the hearing.

    This is completely wrong, as I have proof of my Insurance for the time I was driving. And also the Guarda never asked for insurance cert.

    I honestly don't know how to proceed with this.

    Any help is greatly appreciated.

    Many Thanks,
    Ace
    Tagged:


Comments

  • #2
    Mrs W
    Registered Users, Registered Users 2 Posts: 307 ✭✭Mrs W


    Contact the guard and tell him this, my husband had something very similar, wasn't asked to produce insurance but then got a summons.

    Couldn't get the guard on the phone for weeks and then he rang the morning of the court date, I went in and met him, showed him the cert and he had it struck out.

    Hopefully you'll get him earlier than that! Good luck


  • #3
    Aceform
    Registered Users, Registered Users 2 Posts: 112 ✭✭Aceform


    thank you very much


  • #4
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Aceform wrote: »
    thank you very much

    When asked to produce one document, it is always best to produce all of them when you go to the station, the Guard possibility incorrectly recorded what he asked you.

    Last time I was stopped, I had all the documents with me, but they refused to look at them and insisted that I go to a station with them.


  • #5
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    GerardKeating wrote: »
    When asked to produce one document, it is always best to produce all of them when you go to the station, the Guard possibility incorrectly recorded what he asked you.

    Last time I was stopped, I had all the documents with me, but they refused to look at them and insisted that I go to a station with them.

    If that's true, I would be making a complaint. Having to go to a station because the guard wasn't arsed to look at the documents before him is an absolute disgrace! I recently had to produce insurance cert after being stopped for no obvious reason. The Guard was a toss-pot and very ignorant. I had everything but my insurance cert. he knew i was insured but insisted i produce cert at station. He took details off my passengers and treated us like scum. No wonder they get so little respect. Even his colleague looked p1ssed off at him.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    GerardKeating wrote: »

    Last time I was stopped, I had all the documents with me, but they refused to look at them and insisted that I go to a station with them.

    The Gardai can only demand production at a Garda station if you refuse or fail to produce on the spot, he can't simply tell you that he won't accept production there and then.


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  • #7
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    GerardKeating wrote: »
    the Guard possibility incorrectly recorded what he asked you.
    That's great. The Guard can't manage to write a couple of short sentences that he can understand later and the OP gets a summons.


  • #8
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    No Pants wrote: »
    That's great. The Guard can't manage to write a couple of short sentences that he can understand later and the OP gets a summons.

    It is also possible that the OP was so traumatised by being stopped that they failed to hear the Guard ask for this to be produced.


  • #9
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    GerardKeating wrote: »
    It is also possible that the OP was so traumatised by being stopped that they failed to hear the Guard ask for this to be produced.
    Also possible I suppose. I just went with what the OP said.

    I've never been asked to produce. I suspect that if I was, I'd bring the service history for the car with me as well. Better to have 10 documents that aren't needed than missing one that is.


  • #10
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    coylemj wrote: »
    The Gardai can only demand production at a Garda station if you refuse or fail to produce on the spot, he can't simply tell you that he won't accept production there and then.

    All very well, but how is someone going to prove afterwards they had the documentation with them?


  • #11
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    goz83 wrote: »
    If that's true, I would be making a complaint. Having to go to a station because the guard wasn't arsed to look at the documents before him is an absolute disgrace! I recently had to produce insurance cert after being stopped for no obvious reason. The Guard was a toss-pot and very ignorant. I had everything but my insurance cert. he knew i was insured but insisted i produce cert at station. He took details off my passengers and treated us like scum. No wonder they get so little respect. Even his colleague looked p1ssed off at him.

    How did he know you were insured if you had no cert?


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  • #12
    Miranda Ambitious Underdog
    Posts: 0 CMod ✭✭✭✭ Miranda Ambitious Underdog


    Little CuChulainn wrote: »
    How did he know you were insured if you had no cert?

    The disc I suppose


  • #13
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    bluewolf wrote: »
    The disc I suppose

    Does your disc have your name on it?


  • #14
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    bluewolf wrote: »
    The disc I suppose
    The disc and the cert only show that you were once insured for long enough for a cert and disc to be sent out. They still need to check it with an insurance company.


  • #15
    whippet
    Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    I would imagine you didn't hear the guard properly when he asked you to produce.

    Unless the guard had an APNR camera in the car he would have no way of knowing if you were insured - the disc is meaningless, you can have one issued and cancel your monthly payment the following month and even though you have a disc you have no insurance.

    I have never heard of a guard only asking for NCT or TAX to be produced, it was alway License, Tax, NCT and Insurance.


  • #16
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    coylemj wrote: »
    The Gardai can only demand production at a Garda station if you refuse or fail to produce on the spot, he can't simply tell you that he won't accept production there and then.

    Easier to comply that argue...


  • #17
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    GerardKeating wrote: »
    Easier to comply that argue...
    Just tell him you're not doing it.


  • #18
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Little CuChulainn wrote: »
    Does your disc have your name on it?

    He knew I was insured. He was just a d1ck. I had everything in order, but like most people, I don't carry the full insurance policy with me. What's the point in having an insurance disc in the first place? If I had my insurance cert, he would have been asking for my birth certificate.

    I treated him with respect and courtesy, but he didn't reciprocate. Must have a whale of a wife, or something.
    No Pants wrote: »
    The disc and the cert only show that you were once insured for long enough for a cert and disc to be sent out. They still need to check it with an insurance company.

    Yep. And I doubt they actually call the insurance company when the cert is produced.


  • #19
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    goz83 wrote: »
    He knew I was insured. He was just a d1ck. I had everything in order, but like most people, I don't carry the full insurance policy with me. What's the point in having an insurance disc in the first place? If I had my insurance cert, he would have been asking for my birth certificate.

    I treated him with respect and courtesy, but he didn't reciprocate. Must have a whale of a wife, or something.

    How did he know you were insured? The disc shows that the car is insured but it does not show that the current driver is the person who is insured. There's no problem with not carrying your cert with you like most people but, just like them, you will be asked to produce it at a Garda station. Did you think he would not bother if you turned on the charm?

    You say you treated him with respect and courtesy as if you should receive some kind of reward. That should be how you treat everyone. Although judging by the way you talk about someone simply doing their job it probably isn't. It's pretty evident your "respect" was insincere and your "courtesy" forced.


  • #20
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Little CuChulainn wrote: »
    How did he know you were insured? The disc shows that the car is insured but it does not show that the current driver is the person who is insured. There's no problem with not carrying your cert with you like most people but, just like them, you will be asked to produce it at a Garda station. Did you think he would not bother if you turned on the charm?

    You say you treated him with respect and courtesy as if you should receive some kind of reward. That should be how you treat everyone. Although judging by the way you talk about someone simply doing their job it probably isn't. It's pretty evident your "respect" was insincere and your "courtesy" forced.

    Are they not trained to spot deception? I say he knew I was insured, you suggest he didn't, but I was there and experienced his attitude first hand. My first words when he waved me down were "Hi Guard, what can i help you with". I was in a great mood, having a laugh with my brother and BIL.

    How you can suggest my respect being insincere and courtesy being forced is beyond me. I am thinking you are just one of those who defend the guards blindly. Yes, he was doing his job, i don't dispute that, but he was doing it while behaving like an Ahole. I didn't do anything wrong, yet was treated like a common scum bag, save for rubber glove assoctomy. There was no "simply" about it. The guard was a muppet...end of. His colleague was much more professional and when asking questions, did not sound like she was accusing me of a crime. Guards can be Aholes too you know. A badge and a uniform doesn't come with a halo.


  • #21
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    goz83 wrote: »
    Are they not trained to spot deception? I say he knew I was insured, you suggest he didn't, but I was there and experienced his attitude first hand. My first words when he waved me down were "Hi Guard, what can i help you with". I was in a great mood, having a laugh with my brother and BIL.

    If he thought you were being deceptive he would have seized your car. He followed standard procedure and asked you to produce your insurance within ten days. Why do you think you should have received special treatment?
    goz83 wrote: »
    How you can suggest my respect being insincere and courtesy being forced is beyond me. I am thinking you are just one of those who defend the guards blindly. Yes, he was doing his job, i don't dispute that, but he was doing it while behaving like an Ahole. I didn't do anything wrong, yet was treated like a common scum bag, save for rubber glove assoctomy. There was no "simply" about it. The guard was a muppet...end of. His colleague was much more professional and when asking questions, did not sound like she was accusing me of a crime. Guards can be Aholes too you know. A badge and a uniform doesn't come with a halo.

    The reason I said you were clearly insincere is because of the way you have spoken about him and the language you used. It's not hard to see the disdain you hold. You even make a comment about his wife. He probably picked up on that attitude himself. You say you were treated like a scum bag but all you had to do was produce your insurance, same as most people who are stopped, no matter their standing in society.


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