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Court Summons

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  • 13-06-2021 1:48pm
    #1
    TheKitchenSink
    Registered Users Posts: 44 ✭


    I got a parking fine in Dec 2020 which I subsequently forgot to pay until after the deadline had passed. As per the website it would be passed onto the local court and I would receive a summons. This was in February and I have received no such summons since. Is there anywhere I can check if a date has been set as I am afraid of missing the date? Or is there any chance the fine has been scrapped?


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    #2
    Sierra Oscar
    Moderators, Category Moderators, Computer Games Moderators, Society & Culture Moderators Posts: 8,463 CMod ✭✭✭✭Sierra Oscar


    There's a large backlog in issuing summonses, it probably hasn't gone out yet. You'll know when you have been summonsed as it will either be served on you personally or by registered post.

    You could inquire at your local Garda Station, they should be able to tell you the status of the summons.

    It won't be just scrapped, if the fixed charged notice hasn't been paid then a summons will be automatically created. You will still get an opportunity to pay the fine once the summons is served on you, if you do so the summons will be withdrawn.


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    #3
    DmanDmythDledge
    Registered Users Posts: 883 ✭✭✭DmanDmythDledge


    They have 6 months to apply for the summons, then once they do it could take a few months for it to be sent. Options then are pay the higher fine or fight the charge in court.


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    #4
    TheKitchenSink
    Registered Users Posts: 44 ✭TheKitchenSink


    DmanDmythDledge wrote: »
    They have 6 months to apply for the summons, then once they do it could take a few months for it to be sent. Options then are pay the higher fine or fight the charge in court.

    Great, thanks for the info! Am I right in saying that if I pay the higher fine I don’t have to appear in court? The fine is in Cork and I’m moving to Dublin next month so would be a pain trying to get time off work to attend


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    #5
    Lenar3556
    Registered Users Posts: 1,354 ✭✭✭Lenar3556


    TheKitchenSink wrote: »
    Great, thanks for the info! Am I right in saying that if I pay the higher fine I don’t have to appear in court? The fine is in Cork and I’m moving to Dublin next month so would be a pain trying to get time off work to attend

    Who issued the parking notice in December?


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    #6
    TheKitchenSink
    Registered Users Posts: 44 ✭TheKitchenSink


    Lenar3556 wrote: »
    Who issued the parking notice in December?

    Cork city council


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    #7
    Lenar3556
    Registered Users Posts: 1,354 ✭✭✭Lenar3556


    TheKitchenSink wrote: »
    Cork city council

    That’s a different process to an FCN issued by the Garda whereby a summons is automatically issued, and the entire process is pretty prescribed.

    It’s possible that Cork City Council will decide to let it go, or otherwise fail to pursue it. Going after these matters is expensive and in the past many local authorities, particularly smaller ones tended not to pursue unpaid parking notices in the courts. Cork city council are a larger beast however, and would be better equipped to prosecute.

    If it was me, I would contact Cork City Council before I leave to try and try to have the matter concluded. Otherwise it is possible that a summons could be deemed served at your current address and you could be convicted in your absence in Cork.


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    #8
    costacorta
    Registered Users Posts: 478 ✭✭costacorta


    Unfortunately once it goes over 58 days(I think ) they cannot accept payment anymore and it has to go to court .I’m on about Council fines not garda fines . You get a €40 fine first I think it rises to €60 after 28 days and then after day 58 they cannot accept payment anymore..


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    #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Hard to know, I recall Judge Durcan (recently retired, alas) giving people in Clare 2 weeks driving bans off the road when the respondents failed to attend Court for the hearing. On the other hand he was very reasonable with people who showed up and apologised.

    It's a hassle OP but I'd ring the Council and see what can be done. If nothing else you're going to want to know when you are in Court (in the unlikely event that Durcan J's precedents are followed...).


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    #10
    coylemj
    Registered Users Posts: 25,339 ✭✭✭✭coylemj


    Deleted User wrote: »
    Hard to know, I recall Judge Durcan (recently retired, alas) giving people in Clare 2 weeks driving bans off the road when the respondents failed to attend Court for the hearing. On the other hand he was very reasonable with people who showed up and apologised.

    You're surely talking about speeding cases? OP's case (post #1, first sentence) is parking. For which you need to have a really good excuse or you risk the ire of the judge for the impertinence of showing up and delaying his/her gallop though the list.


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    #11
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    coylemj wrote: »
    You're surely talking about speeding cases? OP's case (post #1, first sentence) is parking. For which you need to have a really good excuse or you risk the ire of the judge for the impertinence of showing up and delaying his/her gallop though the list.

    Nope, parking cases in the District Court a few years ago, have never seen it before or since.


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    #12
    coylemj
    Registered Users Posts: 25,339 ✭✭✭✭coylemj


    [Deleted User] wrote: »
    Nope, parking cases in the District Court a few years ago, have never seen it before or since.

    Does a judge have the power to hand down a disqualification for a regular (not dangerous) parking offence?


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    #13
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    coylemj wrote: »
    Does a judge have the power to hand down a disqualification for a regular (not dangerous) parking offence?

    Honestly no idea, but he did it anyhow. I presume a few were appealed but never heard of any.


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