Fixed Penalty Notice

MDZX85

Hi,

Four days ago I received a fixed penalty notice through the post for speeding (110km/ph @Kill, Naas on May 26th), today I went to pay the fine but the post office said payment was rejected as the offence had been cancelled. I called the Garda FPN number and they said due to a printing error the fines sent out in the past few days had been cancelled but may be reissued.

I was told the fine ^may^ be reissued, but they could not clarify that if it was not reissued within 28 days of the offence, that the penalty would stand.

So my questions is, if a new notice comes after June 24th, would I have to pay? As its over the 28 days of notice.

Kind regards,
Steve

jimmycrackcorm

MDZX85 wrote:

So my questions is, if a new notice comes after June 24th, would I have to pay? As its over the 28 days of notice.

You'll have 28 days from the new notice date. Of course if you want to argue a technical point then feel free to take your chances in court.

seamus

The law gives you 28 days from the date the notice is issued. If the notice has been cancelled, then you have 28 days from the date of the new notice.

The notice can be issued at any time up to six months after the offence has been committed. So if you have not received a new notice by 26th November, you're off the hook.

GM228

seamus wrote: »

The notice can be issued at any time up to six months after the offence has been committed. So if you have not received a new notice by 26th November, you're off the hook.

The notice has just over 4 months to issue (6 months less 57 days) from the date of the offence, not 6 months.

The reason being because a summons can't be issued until 57 days after the FCPN has been issued as you have 56 days to pay it, not 28 days - it just increases after 28 days.

A summons however must be requested no later than 6 months after the offence, but not earlier than 57 days after the FCPN issue date so the time to expect a FCPN is about 4 months maximum, in reality it's a week or two for issue.