Speeding Summons / wrong everything

tbarry31

Hi

A bit of a strange 1 here if folks could give some guidance I would appreciate it. My mother got a knock at the door yesterday 13/4/18 she opened the door and 2 guards were there. They asked to speak with me she said he doesn't live here and hasn't for the last 16 years. They handed her a summons for me to attend court for speeding in June last year.

1st thing is can they hand my mother a summons for me ?

2nd thing is the address on the summons wasn't for my mothers and wasn't even for the address i'm living at now.

3rd thing is the car reg on it was never owned by me

4th thing is even though I didn't own the car or never have or even though the address is wrong the speeding offence is for another county that I would rarely be in.


Obviously this is a mistaken identity but why should a Garda member drop a summons to my mothers just because he knows my mother and he knew she had a son with my name. This is actually very weird. Should I actually attend the court .

Seth Brundle

Regarding #3 and #4 were you driving the car?
If you didn't own it how did they assume you were driving (e.g. stopped at the scene)?

Reckon at this point you'll need a solicitor though!

Samuel T. Cogley

What address is on the driving licence?

tbarry31

No I wasn't driving the car it's a reg that I don't recognise. The address on the summons is for a house that is about 2 miles from my house. My guess is because they knew my mother and a few Guards would have known I lived in that direction they obviously thought that it was me and gave her the summons

tbarry31

Samuel T. Cogley wrote: »

What address is on the driving licence?

My home address where I live now and have for the last 12 years

Sounds like someone was stopped & gave your name.
Try to get in touch with the prosecuting guard If you can.
Yes, you should go to court. If it wasn't you it should be easy to sort out.

dr.fuzzenstein

I'd ask to speak to the Gard since nothing but the name seems to match. And see what you did in the day in question.

tbarry31

What annoy's me about going to court is I lose a full days pay for something that has nothing to do with me.

K.Flyer

tbarry31 wrote: »

What annoy's me about going to court is I lose a full days pay for something that has nothing to do with me.

You may not have to.
If you have rock solid proof that you were elsewhere at the time of the offence get your solicitor to contact the prosecuting Garda with the details.

tbarry31

And who pays for the solicitor ?

tbarry31

K.Flyer wrote: »

You may not have to.
If you have rock solid proof that you were elsewhere at the time of the offence get your solicitor to contact the prosecuting Garda with the details.

Elsewhere why would I need proof if this wasn't me in the 1st place. Car was not mine and never registered in my name, the address on the summons is for somewhere else that I have never lived in.

Why would I need a solicitor.

K.Flyer

tbarry31 wrote: »

Elsewhere why would I need proof if this wasn't me in the 1st place. Car was not mine and never registered in my name, the address on the summons is for somewhere else that I have never lived in.

Why would I need a solicitor.

The summons has your name on it and has been served to a relative of yours in the belief that you are the correct person.
Someone else may have been stopped and given your name, or they may have the same name as you and live in the locality.
Either way, you need to show that its not you they are looking for.

dr.fuzzenstein

tbarry31 wrote: »

Elsewhere why would I need proof if this wasn't me in the 1st place. Car was not mine and never registered in my name, the address on the summons is for somewhere else that I have never lived in.

Why would I need a solicitor.

At this stage I don't see the harm in going in and setting the record straight yourself. You just need to show that everything bar the name doesn't match and prove your whereabouts on the day.
No earthly reason to have a solicitor at this stage.
My wife received a request to go to the local police station here in Germany, she was accused of driving off from a petrol station without paying.
She could prove that she was nowhere near said petrol station and that her car was a different model and color to the car in question.
The error on part of the police was so blatant that you didn't need Saul Goodman to bail you out.
If it is a very clear case of clerical error, you should be able to clear this up yourself.

The worst thing you could do is to become belligerent and refuse to cooperate. They may just take a special interest in you.

Losty Dublin

As the other posts have said, you really should contact a solicitor as a matter of urgency. Your name is on a summons and while you are certain that this is a mistake by the Gardaí you need to convince him or her now of your innocence before it gets in front of a judge. Having legal consul to deal with this will sort it out for you a lot easier than it will on the day in court; dearer perhaps but a lot safer all told.

OldMrBrennan83

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Sleeper12

I wouldn't not attend the court. You can be found guilty in your absence.
As everyone else says, contact a solicitor.

OldMrBrennan83

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Sleeper12

Patww79 wrote:

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People have been put in jail by mistake.

This isn't the type of thing that you should just ignore.

OldMrBrennan83

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Del2005

Patww79 wrote: »

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They served the summons on the OP so they now need to resolve the issue before it gets to court and if not then they'll need to attend court to prove it wasn't them. As said plenty of innocent people have gone to jail, the OP doesn't want a fine and points for something they haven't done. So they'll need to either get the summons cancelled, if possible, or attend court/hire a solicitor to attend for them.

tbarry31 wrote: »

Hi

A bit of a strange 1 here if folks could give some guidance I would appreciate it. My mother got a knock at the door yesterday 13/4/18 she opened the door and 2 guards were there. They asked to speak with me she said he doesn't live here and hasn't for the last 16 years. They handed her a summons for me to attend court for speeding in June last year.

1st thing is can they hand my mother a summons for me ?

2nd thing is the address on the summons wasn't for my mothers and wasn't even for the address i'm living at now.

3rd thing is the car reg on it was never owned by me

4th thing is even though I didn't own the car or never have or even though the address is wrong the speeding offence is for another county that I would rarely be in.


Obviously this is a mistaken identity but why should a Garda member drop a summons to my mothers just because he knows my mother and he knew she had a son with my name. This is actually very weird. Should I actually attend the court .

Was the summons for last June or this June? If it's for last June you're already in trouble! Edit... Miss read the OP.

K.Flyer

Patww79 wrote: »

But it's absolutely nothing to do with him. They've a reg of a car he's never driven, an address that he's never been at, and he's not the only person in Ireland with his name. Whoever they'll be waiting on in court that day, it isn't him.

As far as the Garda are concerned, rightly or wrongly for whatever reason, they believe that they have served the summons to the correct person.
Also, the method in which they served it is deemed acceptable..

Personal delivery: by handing a copy of the summons to you or by leaving it at your last known abode or your place of work, or with your spouse, child or other relative.

It all sounds very odd to say the least, but I know if it was me in that kind of situation I would be straight down to the station to protest and prove my innocence.

Sleeper12

Patww79 wrote:

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How will they know that if he just ignores it?

If a bank takes a payment for something that you did not buy do you ignore it because you did not make the purchase or do you want get on phone & slug it out with them?

4ensic15

Patww79 wrote: »

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The court doesn't know that. IF it was that easy everyone summoned for an offence would deny that they ever drove the car. The o/p hasn't actually denied he was doing something wrong on the day, whatever the car in question.

lawred2

Surely a trip to the Garda station with the summons would get this sorted fairly quickly.

OldMrBrennan83

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tbarry31

Sleeper12 wrote: »

I wouldn't not attend the court. You can be found guilty in your absence.
As everyone else says, contact a solicitor.

I can't be found guilty if its not me.

The court doesn't know that. IF it was that easy everyone summoned for an offence would deny that they ever drove the car. The o/p hasn't actually denied he was doing something wrong on the day, whatever the car in question.

I have denied it. It wasn't my car it wasn't address on the summons I now know what kinda a car it was and I definetly didn't own it.



Also the address that is on the Summons doesn't exist I believe the house is there but its down as 27A and there is no 27A there only a 27 so obviously they gave a wrong address. As I said before the Garda that knocked at the door only knocked because he knew my mam had a son with the same name that lived in the direction of the house on the summons but still 2 miles away.

tbarry31

Patww79 wrote: »

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The address is not correct and far from it

OldMrBrennan83

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Fighting Tao

tbarry31 wrote: »

I can't be found guilty if its not me.

Your naivety will result in you being found guilty regardless of it being a case of mistaken identity.

Either you want it corrected of you don’t. If you do then get talking to the guard in question, and of no joy there then get a solicitor.

If you don’t want it corrected then carry on as is and don’t turn up for court. There will most likely be a knock on your door some day to enforce the judges decision.

tbarry31

Fighting Tao wrote: »

Your naivety will result in you being found guilty regardless of it being a case of mistaken identity.

Either you want it corrected of you don’t. If you do then get talking to the guard in question, and of no joy there then get a solicitor.

If you don’t want it corrected then carry on as is and don’t turn up for court. There will most likely be a knock on your door some day to enforce the judges decision.

I have tried to sort it but the Guard that turned up at my mam's house won't be around for a week and the guards name who is on the summons wasn't in the garda station in Cahir when I rang there. It was that call that I found out what car it was and on that phone call the guard said I know its not you. The thing here is I have to deal with 2 garda stations

OldMrBrennan83

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Fighting Tao

tbarry31 wrote: »

I have tried to sort it but the Guard that turned up at my mam's house won't be around for a week and the guards name who is on the summons wasn't in the garda station in Cahir when I rang there. It was that call that I found out what car it was and on that phone call the guard said I know its not you. The thing here is I have to deal with 2 garda stations

Keep at them until you get to talk to the guard you need to or to his/her superintendent. Ask Cahill what shift the guard is working and turn up to talk to him/her.

Fighting Tao

Patww79 wrote: »

But that's what I'm not getting. What exactly does the OP need to get corrected? The cops have an address and car that have nothing to do with the OP and didn't give the summons to the OP. There doesn't seem to be anything to be corrected.

If we are all accountable for things that people with the same name do then the whole place is down the pan.

I’m not sure what you don’t understand. The summons was served to OPs mother on his behalf and his name is the same as the offender. Therefore, the judge will be seeking the OP as he got the summons. If the OP doesn’t turn up then he will be found guilty. If it is corrected before then there can be no guilty verdict found against the OP.

tbarry31

Fighting Tao wrote: »

Keep at them until you get to talk to the guard you need to or to his/her superintendent.

Funny thing here is they know my address now why didn't they come here

Fighting Tao

tbarry31 wrote: »

Funny thing here is they know my address now why didn't they come here

Because they didn’t have to as the served the summons to your mother.

OldMrBrennan83

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Fighting Tao

Patww79 wrote: »

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The OP has the summons in his possession. Therefore, he got the summons.

Glass fused light

tbarry31 wrote: »

I have tried to sort it but the Guard that turned up at my mam's house won't be around for a week and the guards name who is on the summons wasn't in the garda station in Cahir when I rang there. It was that call that I found out what car it was and on that phone call the guard said I know its not you. The thing here is I have to deal with 2 garda stations

It's the guard who's name is on the summons you need to focus on. Phone this station and try to fix a time for contact. Aim, if possible, to have it at the start of a shift where the guard should be in the station and not in the middle of dealing with anything else.

tbarry31

Glass fused light wrote: »

It's the guard who's name is on the summons you need to focus on. Phone this station and try to fix a time for contact. Aim, if possible, to have it at the start of a shift where the guard should be in the station and not in the middle of dealing with anything else.

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

Fighting Tao

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

But you never spoke the the guard you need to in Cahir. 99% of the advice here is the same and you don't seem to want to follow it. The other 1% of advice will cause you an awful lot more hassle in the future in trying to get a conviction overturned.

If it were me, I'd be onto Cahir station right now rather than making excuses here, and find out when you can talk to the guard. If it meant waiting an hour or two in Cahir I would.

Panrich

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

It sounds to me like the Gardai in question now have a tick in the summons served box and don’t want to reopen this can of worms. I’d visit the station and refuse to leave until I spoke to a senior officer.

tbarry31

Fighting Tao wrote: »

But you never spoke the the guard you need to in Cahir. 99% of the advice here is the same and you don't seem to want to follow it. The other 1% of advice will cause you an awful lot more hassle in the future in trying to get a conviction overturned.

If it were me, I'd be onto Cahir station right now rather than making excuses here, and find out when you can talk to the guard. If it meant waiting an hour or two in Cahir I would.

You might need to read all the posts again. I have contacted Cahir Garda station and asked to speak to the Garda in question and he hasn't been there anytime I have called even 1 of the garda said to me on the phone what type of car it was and knows its not me and thanks for calling. There isn't much else I can do if both Garda's are not available. The garda on the phone was absolutely sound and even said sorry for the way this is being handled

Sleeper12

tbarry31 wrote:

I have denied it. It wasn't my car it wasn't address on the summons I now know what kinda a car it was and I definetly didn't own it.

tbarry31 wrote:

Also the address that is on the Summons doesn't exist I believe the house is there but its down as 27A and there is no 27A there only a 27 so obviously they gave a wrong address. As I said before the Garda that knocked at the door only knocked because he knew my mam had a son with the same name that lived in the direction of the house on the summons but still 2 miles away.

How will the court know any of these facts if you just ignore it?

You have been served a summons in a legal manner. You need to go to the Gardai and explain or attend court. The summons just means that you have to attend court. It doesn't mean that you are guilty. It is here that you get to explain the facts.

I'm not sure why you posted at all if you don't want advice.

Fighting Tao

tbarry31 wrote: »

You might need to read all the posts again. I have contacted Cahir Garda station and asked to speak to the Garda in question and he hasn't been there anytime I have called even 1 of the garda said to me on the phone what type of car it was and knows its not me and thanks for calling. There isn't much else I can do if both Garda's are not available. The garda on the phone was absolutely sound and even said sorry for the way this is being handled

I have read them all and I'm sorry to say that your conversation with the guard that happened to answer the phone is just fluff around the situation. I still stand by my advice that you need to talk to the Guard in Cahir....that is not any guard, it's the one that is named on the summons, and if you can't get him/her then talk to the superintendent.

However, it is clear now that you do not wish to help yourself, and the advice people have been giving is going ignored. Good luck with your non-appearance in court, and the effort it will take to get the judges ruling over-turned.

Glass fused light

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

It's not passing the buck. The guard who's name is on the summons is going to appear in court on the date in questIon, step up and give testimony that s/he ..... <Insert details per summons> ... And that you were the driver.
You need to contact that person directly and prehaps turn up so they can do a ID.

Sleeper12

Patww79 wrote:

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I have driven cars not in my name from time to time. Having no connection to the car isn't a get out of jail free card. Jasus joyriders rarely have any connection with the car they drive. That doesn't mean that they haven't broken a law.

All of the this needs to be explained to the Garda or attend court.

A day in court can be very entertaining anyway

STB.

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

Its this simple. Go down in person when they are on duty.

Explain they have the wrong person. Bring your passport and/or a drivers licence.

This will have your details that will clearly show by DOB alone that they dont match the registered owner of the vehicle.

Get the guard to strike out the summons.

If you cannot get them, talk to the inspector on duty.

Sleeper12

tbarry31 wrote:

Funny thing here is they know my address now why didn't they come here

Because you have already been served. Remember they now know that you received the summons so you can't even use that excuse

Fighting Tao

Glass fused light wrote: »

It's not passing the buck. The guard who's name is on the summons is going to appear in court on the date in questIon, step up and give testimony that s/he ..... <Insert details per summons> ... And that you were the driver.
You need to contact that person directly and prehaps turn up so they can do a ID.

Guards often complain about the amount of paperwork and time waiting around court all day. I'm sure the summonsing guard will be happy to rectify the situation rather than having to spend double the amount of time and effort getting the other guy into court at a later date.

Sleeper12

Patww79 wrote:

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No. Op rang two different stations stating that he received the summons. He also gave them his current address. He cannot deny knowledge of the summons at this stage

OldMrBrennan83

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