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No FPN but summons is awaiting me and court date is set.

  • 04-01-2018 7:49pm
    #1
    Gallee
    Registered Users, Registered Users 2 Posts: 152 ✭✭


    Hi,
    I was stopped for using a mobile phone in traffic by AGS. Garda said ok. You may be prosecuted, took details and left. That was last July. 3 days ago a Garda called by phone and said we have a summons here for you and will we drop out to you or do you want to call in and collect and a court date has been set for 3 weeks time. I never received anything in the post and this is the first I heard of the incident since been pulled over. Any advice would be appreciated.


Comments

  • #2
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Gallee wrote: »
    Any advice would be appreciated.

    Get a hands free kit?


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Gallee wrote: »
    I never received anything in the post

    See a solicitor in relation to this detail, taking into account the fact that s.38 of the Road Traffic Act 2010 was commenced on the 1st June 2017.

    http://www.irishstatutebook.ie/eli/2010/act/25/section/38/enacted/en/html#sec38

    Since commencement of s.38, (unless the contrary is shown) there is a presumption that the fixed charge notice has been served where there is ea receipt of post from An Post.


  • #4
    Gallee
    Registered Users, Registered Users 2 Posts: 152 ✭✭Gallee


    Pat Mustard wrote: »
    See a solicitor in relation to this detail, taking into account the fact that s.38 of the Road Traffic Act 2010 was commenced on the 1st June 2017.

    http://www.irishstatutebook.ie/eli/2010/act/25/section/38/enacted/en/html#sec38

    Since commencement of s.38, (unless the contrary is shown) there is a presumption that the fixed charge notice has been served where there is ea receipt of post from An Post.

    Many thanks for the concise answer.


  • #5
    Gallee
    Registered Users, Registered Users 2 Posts: 152 ✭✭Gallee


    Samuel T. Cogley wrote: »
    Get a hands free kit?

    It’s a legal discussion forum.....your answer was an attempt to be funny and contributed nothing.


  • #6
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Pat Mustard wrote: »
    notice has been served where there is ea receipt of post from An Post.

    What's an "ea receipt"?

    Is this just an post saying they delivered the fine to the person letterbox?


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  • #7
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    lifeandtimes wrote: »
    What's an "ea receipt"?

    It's a typo.


  • #8
    Danbo!
    Closed Accounts Posts: 3,942 ✭✭✭Danbo!


    Do you have the summons? No option on it to pay the fine now attached to it?

    Similar situation, got clocked by a speed van on the N11, but heard nothing until 4 months later when a summons arrived for non payment of fcpn. Called them up and they said no choice but to go to court. Bricking myself, I’m the type that would have paid the fine the moment I got it. Went to court, everyone up before me had attempted to pay but were a day or two late. My turn, the Garda says “no attempt made to pay”, I mention I never got it and would happily pay it. Judge swears me in, into the box I go and he asks a few questions before striking it out.

    On speaking to a Garda afterwards, I was told that newer summons have a final option to pay the fine to avoid court, and also avoid what I have learned is a much used excuse of “I never got the fine”.


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