Court Summon - Not in country.

leom

Can some one help me please.
I got a court summon at my address, where I used to live. I work in different country and I have been given very short notice for 10 days. Which is not possible for me to attend the court.
The summon is about offence I did few months ago while driving a car without NCT. I paid the fixed fine and I was given two points too.  Now they are asking to me to appear in court.
Can I get a reasonable time or get a lawyer to represent me in my absence?
Appreciate your response.

Donal55

leom wrote: »

Can some one help me please.
I got a court summon at my address, where I used to live. I work in different country and I have been given very short notice for 10 days. Which is not possible for me to attend the court.
The summon is about offence I did few months ago while driving a car without NCT. I paid the fixed fine and I was given two points too.  Now they are asking to me to appear in court.
Can I get a reasonable time or get a lawyer to represent me in my absence?
Appreciate your response.

You can get a lawyer to represent. Get the facts over to one asap if you've only 10 days to work on. Preferably get one near to the court sitting. It will cut down some of the expense.
A lawyer should be able to get an adjournment for a later sitting due to your circumstances.

GM228

leom wrote: »

Can some one help me please.
I got a court summon at my address, where I used to live. I work in different country and I have been given very short notice for 10 days. Which is not possible for me to attend the court.
The summon is about offence I did few months ago while driving a car without NCT. I paid the fixed fine and I was given two points too.  Now they are asking to me to appear in court.
Can I get a reasonable time or get a lawyer to represent me in my absence?
Appreciate your response.

It is hard to answer this without giving legal advice which isn't allowed so I'll try address the issue of a summons to the wrong address or outside the state in general rather than give specific advice.

If someone does not live in the state there would be issues with service of a summons in such cases depending on which Act it was sent under, but as it stands a summons sent to an address someone no longer live at is not affective service of summons.

Also depending on how a summons is delivered determines minimum notice required - by hand requires at least 7 days notice, but by registered post requires at least 21 days.

As a side note I assume this is in relation to another offence and not the one you actually received the FCPN and points for as it would be unusual to be getting a summons for an FCPN if already paid.

leom

thanks for the response @GM228. 
The letter was sent through normal post, my friend lives there and he told me so. Secondly, I have had paid the Fixed fine for driving without NCT. Now summon is all about the driving without NCT and not producing certificate in 10 days to Garda. --- What maximum will happen, if i dont appear on given date and went to them at later stage?

Losty Dublin

leom wrote: »

thanks for the response @GM228. 
The letter was sent through normal post, my friend lives there and he told me so. Secondly, I have had paid the Fixed fine for driving without NCT. Now summon is all about the driving without NCT and not producing certificate in 10 days to Garda. --- What maximum will happen, if i dont appear on given date and went to them at later stage?

Have you got proof of payment of the fixed penalty? If so then dig it out; bank statement or post office receipt or whatever for it it takes and be prepared to produce same to the Garda, via post if possible.

Not producing your NCT cert is a separate offence. Did you produce the NCT cert or what? Did the car have one in the first place?