Right to defend yourself in a court of law?!

bluelinehere

Hi,
I've got into a wild situation out of nothing basically. I always pay my bills in time but in this situation I'm not the only driver of my car as my wife and her sister were driving it as well, and it looks like she made 2 trips in the same day through eFlow tolls and didn't pay for the ride.

I've just returned from Italy after being there for 5 months. In that time frame I've received numerous letters, but the most important 2 unpaid rides now costing 150eur each + 246eur judgement cos.

One of the letters from Pierse Fitzgibbon solicitors contains "Claim notice: Debt claim" paper from Metropolitan District court in which they say that I have 28 days to complain which I haven't since I haven't seen it till today.

Since then they sent 2 more letters claiming they have Judgement against me and threatening with the sheriff.

My question is, how can they have judgement against me when I didn't even had a chance to defend myself in a court of law?
Didn't they had to deliver me those papers by guardis so that they can be sure that I've received those papers before proceeding with judgement without me?

Sorry for the questions, they might be simple for you, but I'm not familiar with Irish law, in Italy court documents need to be signed when delivered.

Also not sure what to do now, I guess I'll meet the sheriff or pay 550 eur for 2 rides I didn't even make.

ED E

Just pay it. TII take this seriously to stop it getting out of hand and seize about 60 cars a year from serious messers (not two trips like you).


And get your wife some glasses. Those signs are huge and make it very obvious what you need to do.

tedpan

The biggest question here is, how did your wife let you go to Italy for five months without taking her with you?

Mod
Wintering in Italy is nice, but let us stay on topic, pls

Eric Cartman

bluelinehere wrote: »

Hi,
I've got into a wild situation out of nothing basically. I always pay my bills in time but in this situation I'm not the only driver of my car as my wife and her sister were driving it as well, and it looks like she made 2 trips in the same day through eFlow tolls and didn't pay for the ride.

I've just returned from Italy after being there for 5 months. In that time frame I've received numerous letters, but the most important 2 unpaid rides now costing 150eur each + 246eur judgement cos.

One of the letters from Pierse Fitzgibbon solicitors contains "Claim notice: Debt claim" paper from Metropolitan District court in which they say that I have 28 days to complain which I haven't since I haven't seen it till today.

Since then they sent 2 more letters claiming they have Judgement against me and threatening with the sheriff.

My question is, how can they have judgement against me when I didn't even had a chance to defend myself in a court of law?
Didn't they had to deliver me those papers by guardis so that they can be sure that I've received those papers before proceeding with judgement without me?

Sorry for the questions, they might be simple for you, but I'm not familiar with Irish law, in Italy court documents need to be signed when delivered.

Also not sure what to do now, I guess I'll meet the sheriff or pay 550 eur for 2 rides I didn't even make.

write back offering to pay the original toll amounts and enclose a cheque for such , you'll get a call saying thats fine but they need fees covered of like 90 euro , pay that , its literally the cheapest way out of this.

drunkmonkey

Get onto eflow and ask will they do something for you if you set up a direct debit from now on. They usually do.

Failing that go for a set aside yourself and summons eflow to court to have the case go again with your present. It's cheap and easy do, it'll cost you an hour or two and the price of a registered letter. No solicitor required.

I wouldn't pay it not at €500.

CIARAN_BOYLE

bluelinehere wrote: »

My question is, how can they have judgement against me when I didn't even had a chance to defend myself in a court of law?
Didn't they had to deliver me those papers by guardis so that they can be sure that I've received those papers before proceeding with judgement without me?

Sorry for the questions, they might be simple for you, but I'm not familiar with Irish law, in Italy court documents need to be signed when delivered.

Also not sure what to do now, I guess I'll meet the sheriff or pay 550 eur for 2 rides I didn't even make.

Hi. There's a streamlined process for small debts where the case is heard by the district or circuit court.

In the High Court for debts you are summonsed in a more formal manner.

sexmag

As the owner of the car, you are liable for the charges incurred while your vehicle is in use.

Also judgments can be made when defendants do not show to court,particularly when there is evidence

Simple_Simone

Two helpful bits of unsolicited advice for you:

1. teach your wife and/or her sister about the need to pay tolls after using a toll road

2. teach her how to open your post when you're overseas for a prolonged period. I'm pretty sure that there's a Ladybird book about it - you'll probably find it in Easons.

Mod
Be nice here, pls

Turner

sexmag wrote: »

As the owner of the car, you are liable for the charges incurred while your vehicle is in use.

Also judgments can be made when defendants do not show to court,particularly when there is evidence

I would have thought the court would need proof that the defendant is aware the date the court case is going to take place.

By having a summons served on him or notified in person.

Simple_Simone

Simple_Simone wrote: »

Two helpful bits of unsolicited advice for you:

1. teach your wife and/or her sister about the need to pay tolls after using a toll road

2. teach her how to open your post when you're overseas for a prolonged period. I'm pretty sure that there's a Ladybird book about it - you'll probably find it in Easons.

3. Set up an eflow account.

drunkmonkey

Turner wrote: »

I would have thought the court would need proof that the defendant is aware the date the court case is going to take place.

By having a summons served on him or notified in person.

That's why he should go for a setaside. No evidence he was aware the first time.
Don't think there's any need eflow should sort it out with a tag account on DD.

bluelinehere

drunkmonkey wrote: »

That's why he should go for a setaside. No evidence he was aware the first time.
Don't think there's any need eflow should sort it out with a tag account on DD.

Hi,

How do I do that? The problem is I'm in Ireland for 2 years, and I don't really know the laws and procedures.

drunkmonkey

Ring the court clerk or drop in to where it happened they'll walk you through it.

Try eflow first there usually fine if you say you'll sign up and pay from now on by direct debit.

drunkmonkey

drunkmonkey wrote: »

Ring the court clerk or drop in to where it happened they'll walk you through it.

Try eflow first there usually fine if you say you'll sign up and pay from now on by direct debit.

I think that it’s out of eflows hands now. A solicitor is your best bet. Or maybe Citizens Advice.

Victor

Turner wrote: »

I would have thought the court would need proof that the defendant is aware the date the court case is going to take place.

By having a summons served on him or notified in person.

What would happen in your case, where for 5 months you weren't at the address your vehicle is registered at? They sent multiple letter to you.

Why didn't your wife send you the letter?

NUTLEY BOY

If OP as the correct defendant was not served correctly or otherwise not informed of the proceedings against him is the verdict not procedurally defective ? Specifically, does the natural justice rule of audi alterem partem not apply here ?

Pierse Fitzgibbon are reasonable to deal with. I would ask them to agree to have the judgment set aside [vacated] as drunkmonkey suggested. I know that it will not happen but you could always ask Pierse Fitzgibbon if their clients want you to apply for a judicial review on the audi alterem partem point