Fixed Charge Notice for speeding - on holiday from UK and need advice please

AsYetUntitled

So, I was in Ireland on holiday for Christmas 2019/New Years 2020 and in January 2020, I was stopped for speeding and informed I would get something at my home (UK) address to make a payment of €80. I asked if I could just pay there and then to ensure payment was made and was told no. But that I could expect to receive a demand for payment within 28 days.

28 days later and no sign of anything at my home address. I called the FCN helpline and gave all of my details to which I was told there was nothing on the system as yet but to call back in two weeks - the officer probably hadn’t had time to load it up yet. I called again in two weeks and again, nothing on the system, please call back in two weeks. I asked if they could take my details and contact me once the FCN was live but they said they couldn’t do this as there was no record or reference to attach my details to.

This happened on two more occasions and I was getting pretty fed up at this point. I just wanted to get the fine paid up asap! The last call I made, I was told not to worry about it - it was unlikely to be taken further now or enforced due to my being resident in the UK, something about jurisdiction. It was also when the courts had closed due to the pandemic. I took the representatives advice and just moved on having made a concerted effort to pay it asap.

Fast forward 16 months - I have today received a court summons and a new doubled fine of €160. Like, wtf?

I would like some advice please. Has anyone found themselves in a similar situation and what happened?

Clearly I won’t be travelling over to attend court, nor will I be presenting myself in person at AnPost to make the payment (I rang the FCN line again who said there is no other way to make payment).

Any help or suggestions would be greatly appreciated. Particularly from any solicitors who could advise where I stand legally and what happens next if I don’t pay (because they are making it physically impossible for me to do so!).

I mean will there be a warrant out for my arrest next/will I be extradited for a speeding fine?! Please help me someone.

wotzgoingon

<not helping>

It's entirely possible that it'll be forgotten about, unless you come to the attention of Gardai again in the meantime (unlikely, if you live in the UK). Alternatively, you could contact the Garda you were dealing with an explain that situation. I wouldn't be losing sleep over it.

Also, get in touch with the FCPN office and ask for a copy of the call log if they have one. Will at least demonstrate you made an effort to find out what was happening.

beachhead

The FCN or Gardai will do nothing to help you.Summons will proceed to court.If you know the court where your case will be heard you can write to the clerk of said court and explain the situation.Alternatively,maybe there is an Irish(born) solicitor near you who could look into your options.In the meantime a solicitor might pop up here with advice

twowheelsonly

Check with the FCPN Office to see when the offence was entered on the system.
You can also ask the Gardai for proof of postage of the original fixed notice. The letter does not have to be registered but they are supposed to obtain a certificate of postage when they send this.

Write to the court (address it to the Court Registrar) with as many details as you can outlining the efforts you made to get this sorted. If possible attach proof of your contacts with the payment office. Attach a copy of the summons and if the Gardai cannot provide you with the certificate of postage outline this.

If you can show that you have made every effort and were more than willing to pay then any reasonable Judge should strike it out.

AsYetUntitled

Yes, they are certainly giving me the run around. When I called the FCN line they said there was nothing they could do and to ring the original issuer and gave me the Garda station number. I called them immediately and was told to call back this evening to speak to issuing officer. I called back at the exact time I was told to and was told he wasn’t coming in tonight and transferring elsewhere. Like, really?! I just don’t understand why they make it so difficult. Can’t they have some sort of online payment system? The mind boggles...

Hopefully someone will come along that knows the law but meanwhile thank you for your response.

AsYetUntitled

Sorry - I don’t really know how to respond directly to each reply - I’m new here, as you can tell! But just wanted to say thank you for all the helpful replies. I’m getting nowhere via official channels.

MetzgerMeister

beachhead wrote: »

In the meantime a solicitor might pop up here with advice

MOD: Giving legal advice on this basis, along with health advice from doctors etc. is not allowed on boards.

Buffman

AsYetUntitled wrote: »

I mean will there be a warrant out for my arrest next/will I be extradited for a speeding fine?!

If it was me I wouldn't worry about it at all.

AsYetUntitled wrote: »

Please help me someone.

Check the dates.


https://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html

In the case of a summary offence (an offence tried in the District Court before a judge without a jury) the Gardaí must make a complaint to the District Court within 6 months of the offence being committed. These offences include most Road Traffic Offences like speeding, illegal parking and fixed charge notice offences.
..............
Calculating the time

Normally, if you receive a summons and you seek legal advice, your solicitor checks the dates on the summons to make sure that the summons was applied for by the Garda within the time limit allowed. If the application was made outside the time limit, then the prosecution will be struck down in court.
The crucial date is the date the Gardaí make the complaint to the District Court judge or the date they make the application to the appropriate court clerk for the issue of a summons, rather than the date the summons was issued on or the date on which the summons was served on you.
The other crucial date is the date the offence took place. In most cases this is usually very clear, such as in a case of speeding or theft.

AsYetUntitled

Thanks so much for your reply. According to the Garda system records the summons was created just under ten weeks after the incident. So I am guessing on that basis it falls within the six months? Why has it taken a further 13 months to reach me? I’m completely baffled by the whole experience...

Buffman

AsYetUntitled wrote: »

I’m completely baffled by the whole experience...

You've done more than enough to try and sort it by the sounds of it.


It might be worth your while posting your situation in the legal forum.
While you can't get specific legal advice, they might have some insight.


https://www.boards.ie/vbulletin/forumdisplay.php?f=633

AsYetUntitled

Thank you, I posted it there at the same time but no replies. Perhaps I should try again. I’m happy to pay it if given the opportunity! I’m not trying to wriggle out of it with excuses.

Shelflife

Could you post the notice if you have one to a friend in Ireland and they could pay it for you ?

AsYetUntitled

I don’t know anyone in Ireland. I guess worst case scenario I’ll have to try and get over somehow before the deadline and pay it. During a pandemic. Yey!

heretothere

It's very strange that it has taken so long to get to you. For my sins I worked in the penalty point office for a summer but that was 10 years ago and I was v v junior. They couldn't have taken the fine of you there and then, they just aren't set up to do it. But if a charged hadn't been submitted within 3 months it was voided, I think the Garda could re-issue it. I'd get back onto the fixed charged office and ask again, if the first person can't help you insist on talking to a supervisor their no is +353 504 59800.

I wasn't aware that you could only pay through An Post, but if that is the case and you just want it paid, do you have any Irish friends/ work colleagues in the UK? I've cousins over there that I don't know to well but if they called me and said 'my friend has to pay a speeding fine in an post, if I transfer you the money could you go in and pay it for them' I would do it. Obviously, only ask someone you trust who will pick someone they trust!

Darc19

Thankfully its not like the UK system where they apply a fine that matches your salary and on a bad day for a magistrate that can be over £1,000.

As before, you can make a written submission to the court clerk which the judge will take into account.

Keep the submission as short as possible and to the point - especially the first part.

Days of contact and time would help, screen shot from your phone (if made by mobile) would be even better. - It would have a strong chance of being struck out especially if the speed was not to excessive

Larbre34

Just ignore it.

When it comes up in Court, the Judge will hear the UK address and just scratch it out as not being worth anyone's time or effort.