Fixed penalty Notice

smurfymurphy

From the date of the driving offence to the date the Fixed Penalty Notice is received do the Garda have a specific time limit.

Citizen Six

https://www.boards.ie/discussion/2058339656/fixed-penalty-notice

6 days

Witcher

https://www.boards.ie/discussion/comment/121868417#Comment_121868417

Eh no...

MargoChanning

Do you mean from the date of the offence to the date a summons is issued? Usually 6 months, longer for revenue offences e.g. no road fund licence (tax).

smurfymurphy

No say if the offence is in Dec and you do not receive a fixed penalty notice until 3 months later.

MargoChanning

I would say best practice they would send it out within 14 days. But unfortunately the fixed penalty notice will still be valid once they post it out within 56 days of the offence- so 4 months.

smurfymurphy

56 days is 2 months. Where did you find this information for definite clarity.

MargoChanning

Sorry, I meant 2 months, 56 days. I work for a dept that issues fixed penalty notices for parking offences- governed by same legislation.

smurfymurphy

So if we have received a notice outside the 56 days can this be classed as void and if so how would we go about this.

Tippman24

The legislation governing the issue of a Fixed Charge does not state when a notice has to issue. However in the event of non payment of the FCN, the resulting summons has to issue withing 6 months of the date of the offence.

Mellor

https://www.boards.ie/discussion/comment/121868452#Comment_121868452

When it was received, or when it was issued? Usually they'd be received soon after issue, but if it wasn't received for some reason (post delay, not at home) that wouldn't be grounds to void the notice.

smurfymurphy

Hi thanks for this information can you please tell me where I can find this legislation or as to how you know this.

Many thanks

smurfymurphy

Only just received. Its actually dated March even though the offence was Dec. I know its very unusual as like most people expect the FPN to arrive within 14 days.

smurfymurphy

Just tried reading the road traffic act 2010. A lot to get your head round. 🤣🤣🤣 Such contradictory information on Google. There is a blog stating from a solicitor 56 days and then there is a but a summons can still be served. How is that good advice. This 56 days keeps coming up though in other headers on Google. Maybe its not there to read in the legislation meaning there is no specific time. And it's the legislation that everyone has to obide by.

Lenar3556

As I understand it, there is no legislative time frame surrounding the issuing of fixed charge notices, however - should a person decide not to pay the fixed charge, a summons must be applied for (not necessarily served) within 6 months of the date of the alleged offence.

So in practical terms, given that the FCN process provides up to 56 days for payment, the state wouldn’t be in a position to prosecute offences where the FCN issued after circa 4 months from the date of the offence.

An incident that occurred in December would still be within time though.

smurfymurphy

Thanks yeh that's my way of thinking now. If we would have received this in the middle of April then it would be a different scenario.