summons for speeding

dtipp

So today I got a summons to appear in court for speeding.

It was the very first notice I got that I had broken the speed limit (as in, I never got any fine or anything).

TBH, the road listed is a road I would drive on 10 times a week, so it's probable that I did commit the offence (no point in pretending).

Anyone know what my options are?

Mr. Incognito

If you go to court and swear under oath that you did not receive the fixed penalty notice the judge will throw it out

dtipp

Thanks, hope you're right.

Didn't have any points on my licence until a couple of months ago when a fine came through the door. Paid it (I still have the receipt) so when summons came this morning thought it was a mistake. But it has a different day and different location on it.

BaronVon

However most Fixed Charge Notices are issued by registered post, so they State may have evidence that the FCN was signed for.

Mr. Incognito

infacteh wrote: »

However most Fixed Charge Notices are issued by registered post, so they State may have evidence that the FCN was signed for.

I know of no such fixed charge notice that has ever been sent by registered post.

There are sent by registered post in the UK and the cost included in the summons, not in Ireland.

Pro Hoc Vice

infacteh wrote: »

However most Fixed Charge Notices are issued by registered post, so they State may have evidence that the FCN was signed for.

Never seen one issued by registered post.

BaronVon

Mr. Incognito wrote: »

I know of no such fixed charge notice that has ever been sent by registered post.

There are sent by registered post in the UK and the cost included in the summons, not in Ireland.

Well I know that they are. I'm not sure if they all are, or what criteria they use to decide which ones are sent by registered post, but they most certainly are sending FCN's by registered post.

dtipp

The summons came by registered post, but the other speeding fine didn't.

dtipp

It's great if it was sent by registered post, cause surely then it'll say it wasn't delivered (it won't have my signature on it anyway, or anyone in my family on it)

whippet

just being curious .. is there any chance that a FPN wasn't issued and the prosecuting guard decided that the speed being travelled warranted a summons rather than a FPN .. what was the speed recorded at and what was the limit in the area?

zoobizoo

I've been to court regarding non payment of fine recently.

You go to court - plead not guilty.

When you are asked about it explain what happened. Say that you had previously received a fine and paid it on time - bring evidence to show this.

The thing is, everyone says that they didn't receive the fines in the post.

So, it depends on the judge and his take on the situation. When I was in court, it was pretty much up to the defendant to prove that they hadn't received it - which, is hard to do other than by saying "I didn't receive it".

Be confident and clear in your answers.
Call the judge "Judge".

You will more than likely get off.

challengemaster

whippet wrote: »

just being curious .. is there any chance that a FPN wasn't issued and the prosecuting guard decided that the speed being travelled warranted a summons rather than a FPN .. what was the speed recorded at and what was the limit in the area?

If that was the case you'd get a summons for driving without due care and attention, not for speeding.

Speeding is always dealt with by FPN first. As are most offences.

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf

BaronVon

whippet wrote: »

just being curious .. is there any chance that a FPN wasn't issued and the prosecuting guard decided that the speed being travelled warranted a summons rather than a FPN .. what was the speed recorded at and what was the limit in the area?

Any offence which is a FCN offence, the FCN has to be issued first. The guard isn't allowed go straight for summons. Summons only after FCN is unpaid.

Mr. Incognito

infacteh wrote: »

Well I know that they are. I'm not sure if they all are, or what criteria they use to decide which ones are sent by registered post, but they most certainly are sending FCN's by registered post.

I have seen fixed penalty notices issued all over Ireland, have yet to see one that was ever sent by registered post.

Do you know in what district this issued by reg post? I would be interested in checking with them if this is a pilot going to be rolled out.

goldenhoarde

Its by ordinary post to the vehicles registered address for the inital offence notification. ( as per Mr. Incognito ^^^)

Sending by registered post would be better as people have to sign or refuse delivery.

BaronVon

Mr. Incognito wrote: »

I have seen fixed penalty notices issued all over Ireland, have yet to see one that was ever sent by registered post.

Do you know in what district this issued by reg post? I would be interested in checking with them if this is a pilot going to be rolled out.

They're registered post in Mullingar. As you said yourself, people just have to swear on the bible to get out of a fine and 5 penalty points. Obviously, something has to be done. this is obviously it.

MarkAnthony

infacteh wrote: »

They're registered post in Mullingar. As you said yourself, people just have to swear on the bible to get out of a fine and 5 penalty points. Obviously, something has to be done. this is obviously it.

One would hope that society places a high regard on honesty under oath but I guess I'll just crawl back to 1952.

dtipp

Thanks for replies.
Think I'll go to court and plead not guilty and explain that I never got fine in post and see what happens.