Getting Points transferred to named driver/going to court

magggiemay

Hi,
Looking for legal advice or maybe someone might have been in my position that could advise me. I was doing 63 in a 50 zone and when the fine was sent to our address, it was in my husbands name as the car was registered to him as i'm a named driver . I foolishly went into the garda station thinking they could sign them over to me,but was told to send them away with payment and sign the nominated driver section.. I did that, but it was on day 28( which was a Friday) that i sent it along with a cheque for amount. My husband received it back a week later saying that it didn't reach them till day 33 and that its now too late to nominate plus we now owe €140 instead of €80. My husband already has 3 points on his licence and now he will have 6 if he accept this, and as he drives for a living it wont look kindly with his employers .
My husband wants to go to court and try explain to a judge what happened , he accepts the fine ,he just wants the points transferred.
The problem is that it seems that you have to wait for 56 days to pass without paying the fine and then a summons is sent out for him attend court.. does it also mean that regardless , once you attend court , you automatically receive 5 penalty points anyway ???
Does anyone know if this is true and would anyone think its a good idea to attend court or just let my husband take the 3 points (which are not even his)
would just like to know if anyone has gone to court over this..
B.t.w., the area where i was clocked doing 63 does not have a sign saying 50 there is a sign saying 60 .but i was still doing 63 so holding my hands up to that .

I'm fairly new to threads so any advise would be greatly appreciated and thank you.

Del2005

You need to talk to a solicitor as legal advice can't be given on this forum.

magggiemay

Thank you i will do ..

corkonion

If you were driving and the points are being forced on your husband then that is clearly wrong. Nobody should ever accept points that are not theirs, In fact it is a very serious offence to do so.

magggiemay

Thanks for all advice given i greatly appreciate them.
Jamie Loud Oat, when you say that they are more concerned with the fine points, what exactly do you mean, is it that the fine was not paid on time?I did contact a solicitor over the phone and his advice was pay the fine for €140 (which we have no problem with) and see what happens. This doesnt make sense as they have stated that my husband cannot nominate me because it went over 28 days ( cheque needed 5 days to clear )so basically i can see them just giving my husband the points which would in fact be illegal as CorkOnion has also stated ( thank You)..
I am actually sick with worry as the thoughts of even having to go to court terrifies me !

corkonion

Legal advice is something for the legal profession, and you have sought that from your solicitor, who advised you to pay the fine,.... but only supply them with the license details of the person that was driving... why would you supply the details of someone who was not involved?
It is very important to note that the photo you received in the post is only part of the full picture that they have on file. Where there is any doubt they can produce a larger picture that shows the actual driver.

magggiemay

Hi corkonion,
Thank you for your reply. The problem is that on the penalty notice that we received it is highlighted that my husband can no longer nominate me as the driver and so now, regardless, we pay the fine and he takes the points or wait until the 56 days have past ( which is Sunday) and wait for a court summons . Then when we do go to court i was informed by the Fixed charges office that one of us will get 5 points anyway as we failed to pay the penalty .. So basically our issue is my husband will get 3 point added on to his licence for a speeding fine that he did not commit or i get 5 points when we go to court to argue our case .. It just doesn't make sense ..Its looking like my husband will just have to take the 3 points, because once we pay the fine today they will put it on his licence and it cannot be removed ..
Hoping all this makes sense ..

hullaballoo

Your information is all over the place.

The points for speeding are 2 points on paying the FPN or 4 points on conviction.

If your husband wasn't driving he cannot legally accept the points.

I find it hard to believe you are taking legal advice from a solicitor on this when you're so misinformed. I would strongly suggest you take legal advice from a competent professional regarding this because you could save a large amount of hassle and money by doing so.

slimjimmc

The points for exceeding the speed limit were increased on 1st August so if the offence was detected since then it's 3 on FPN or 5 on conviction.

hullaballoo

slimjimmc wrote: »

The points for exceeding the speed limit were increased on 1st August so if the offence was detected since then it's 3 on FPN or 5 on conviction.

Jaysus, is it August already?

magggiemay

Thanks for all replies..
to hullaballoo, with regard to what you were saying about "my information being all over the place" i think you may like to no that from August 1st ,penalty points for speeding has now increased to 3 , and 5 when you do not pay on time and are summons to court. I do appreciate you taking the time to reply to this thread.
I have spoken to my solicitor who has informed me to send off the fine again and see what comes of it, stating again that i was driving. That was the advice i was giving.
I have also spoken to the R.S.A who have said that because we didn't pay the fine within the 28 days , that unfortunately, my husband has to take the points .My husband was not driving and should not be forced to take these points yet that is exactly what will happen. THIS is what i find very hard to accept.
I have no problem what so ever taking the points on my licence as i was driving ..
I just wanted to see if anyone else out there was ever in the same predicament as we find ourselves in...We at this stage will probably go to court and explain our case and leave it up to the judge .

hullaballoo

magggiemay wrote: »

I have spoken to my solicitor who has informed me to send off the fine again and see what comes of it, stating again that i was driving. That was the advice i was giving.
I have also spoken to the R.S.A who have said that because we didn't pay the fine within the 28 days , that unfortunately, my husband has to take the points .My husband was not driving and should not be forced to take these points yet that is exactly what will happen.

Whatever about the change in points, this is the crucial part.

I'd still strongly advise you to get a second opinion in relation to this.

Sala

If her husband is sent a summons, goes to court, she goes to court with him, and he gets the matter struck out, can they give her point there since she was not summonsed to court??