Speeding Summons / wrong everything

tbarry31 · 14-04-2018 11:47AM #1

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 · 14-04-2018 11:49AM

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 · 14-04-2018 11:59AM

What address is on the driving licence?

tbarry31 · 14-04-2018 12:02PM

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 · 14-04-2018 12:03PM

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

14-04-2018 12:05PM

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 · 14-04-2018 12:06PM

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 · 14-04-2018 12:07PM

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 · 14-04-2018 12:22PM

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 · 14-04-2018 01:31PM

And who pays for the solicitor ?

tbarry31 · 14-04-2018 01:35PM

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 · 14-04-2018 02:50PM

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 · 14-04-2018 04:09PM

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 · 14-04-2018 11:19PM

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 · 14-04-2018 11:24PM

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Sleeper12 · 14-04-2018 11:32PM

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

OldMrBrennan83 · 14-04-2018 11:36PM

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Sleeper12 · 14-04-2018 11:41PM

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 · 14-04-2018 11:46PM

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Del2005 · 14-04-2018 11:59PM

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 · 15-04-2018 04:02AM

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 · 15-04-2018 08:21AM

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 · 15-04-2018 09:22AM

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 · 15-04-2018 09:24AM

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

OldMrBrennan83 · 15-04-2018 09:27AM

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tbarry31 · 15-04-2018 10:03AM

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 · 15-04-2018 10:21AM

Patww79 wrote: »

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The address is not correct and far from it

OldMrBrennan83 · 15-04-2018 10:21AM

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Fighting Tao · 15-04-2018 10:30AM

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 · 15-04-2018 10:34AM

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 · 15-04-2018 10:34AM

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Speeding Summons / wrong everything

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