Court Summons Query

q85dw7osi4lebg

Hi,

Long story short, partner was stopped for speeding (70 in a 60) back in May.

She didn't have her licence on her at the time, so she was asked to produce it at her local Garda station, which she did that evening.

Today a court summons arrived in the post, with an incorrect name (similar to my partners), stating she was driving without insurance on the day she was stopped for speeding.

The insurance policy has never lapsed on this car and she has always been insured. Nothing was mentioned regarding insurance when she was stopped.

What would be the best way to address this? Without getting a solicitor involved ideally.

lifeandtimes

Call into the local garda station where she produced her licence and show her insurance details and court summons and tell the guard to get his finger out and sort ot (ok not the last part)

Or she could go to court and have her details ready and when she's called,the guard will give evidence and then she shows her details and says this is all incorrect and then the judge gives the guard a bollocking for not doing their job right, wasting court time and strikes the case out.

Which ever takes your fancy

Discalimer: Assuming she only got a fine and penalty points and was not summonsed for not paying said fine the above applies

q85dw7osi4lebg

Thanks. Will try option 1 and if that fails will resort to option 2.

She did indeed pay the fine and take the points (although I now think they may also have been issued to the wrong name, too little too late).

Would it be better to go to the Garda station she presented her licence to, or the Garda station where the Guard who stopped her is based? Or both?

redfraggle08

help please... back in june I was driving OH car to work and got caught on van camera doing 59 in 50 zone. fine issued to him and we responded nominating me as driver, he received confirmation to acknowledge nomination at end of june. never heard a dicky bird about it above until today when a summons was put in our letterbox!! the summons is issued to me but at the wrong address.. it was addressed to a rented house on our road so the tenants would not know us or us them. This is genuinely the first thing i have heard since he received the acknowledgement of nominating another driver. The summons today had the wrong house number scribbled over in pen with our house number?? dont know if it was whoever dropped the summons in or the people in rented house.!!! eekkk!!
Is there anything I can do to avoid going to court. Can I call the fixed penalty office and explain / reason with them.
does anybody know what the points and fine go up to if it makes it to court?

davindub

I believe they are sent automatically, so it is more likely that the rented house or postman adjusted the number, but you cannot be sure unless you make enquires. Probably worthwhile to get a solicitor with experience in procedure, I'm not quite sure of the procedure once a nomination is made, but I would have thought that a new fixed penalty notice should have been issued to the named person.

You will almost certainly have to appear in court rather than be issued a new fixed notice, but there were drivers getting off because they claimed they did not receive notification, you now need to prove this yourself (bit of a joke, how to prove you did not receive something) and the wrongly addressed summons might provide some proof that you did not receive the fixed penalty notice.

newacc2015

redfraggle08 wrote: »

help please... back in june I was driving OH car to work and got caught on van camera doing 59 in 50 zone. fine issued to him and we responded nominating me as driver, he received confirmation to acknowledge nomination at end of june. never heard a dicky bird about it above until today when a summons was put in our letterbox!! the summons is issued to me but at the wrong address.. it was addressed to a rented house on our road so the tenants would not know us or us them. This is genuinely the first thing i have heard since he received the acknowledgement of nominating another driver. The summons today had the wrong house number scribbled over in pen with our house number?? dont know if it was whoever dropped the summons in or the people in rented house.!!! eekkk!!
Is there anything I can do to avoid going to court. Can I call the fixed penalty office and explain / reason with them.
does anybody know what the points and fine go up to if it makes it to court?

You can go to court explain what happened to the judge and case will probably be thrown out as you never received the fixed penalty notice.

honda boi

Out of curiosity, if it gets thrown out at court ,does that mean they,ll receive no fine or points for speeding?

redfraggle08

thanks guys.. so I just called the fixed charge processing office and I defo have to go to court but she told me to just bring proof of address to show it was not sent to the right house. I am now starting to doubt myself and think I might have put the wrong house number on it!!!!!! not something I would usually do but having a slight break down at the thoughts of getting 5 immediate points and whatever fine the judge decides to impose!! (was just told that by the garda I spoke to! - I asked her worse case scenario)
I have now emailed the summons office to request a copy of the nomination form I sent it, I stupidly never took a copy of it before sending it back to them. Fingers crossed I filled it out correctly!!
Even so, the fine never made it to me as it was sent to wrong house so hopefully the judge will be empathic on the day