Speeding Summons / wrong everything

Fighting Tao · 15-04-2018 10:35AM

tbarry31 wrote: »

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

Keep at them until you get to talk to the guard you need to or to his/her superintendent. Ask Cahill what shift the guard is working and turn up to talk to him/her.

Fighting Tao · 15-04-2018 10:38AM

Patww79 wrote: »

But that's what I'm not getting. What exactly does the OP need to get corrected? The cops have an address and car that have nothing to do with the OP and didn't give the summons to the OP. There doesn't seem to be anything to be corrected.

If we are all accountable for things that people with the same name do then the whole place is down the pan.

I’m not sure what you don’t understand. The summons was served to OPs mother on his behalf and his name is the same as the offender. Therefore, the judge will be seeking the OP as he got the summons. If the OP doesn’t turn up then he will be found guilty. If it is corrected before then there can be no guilty verdict found against the OP.

tbarry31 · 15-04-2018 10:39AM

Fighting Tao wrote: »

Keep at them until you get to talk to the guard you need to or to his/her superintendent.

Funny thing here is they know my address now why didn't they come here

Fighting Tao · 15-04-2018 10:40AM

tbarry31 wrote: »

Funny thing here is they know my address now why didn't they come here

Because they didn’t have to as the served the summons to your mother.

OldMrBrennan83 · 15-04-2018 10:42AM

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Fighting Tao · 15-04-2018 10:43AM

Patww79 wrote: »

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The OP has the summons in his possession. Therefore, he got the summons.

Glass fused light · 15-04-2018 10:44AM

tbarry31 wrote: »

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

It's the guard who's name is on the summons you need to focus on. Phone this station and try to fix a time for contact. Aim, if possible, to have it at the start of a shift where the guard should be in the station and not in the middle of dealing with anything else.

tbarry31 · 15-04-2018 10:48AM

Glass fused light wrote: »

It's the guard who's name is on the summons you need to focus on. Phone this station and try to fix a time for contact. Aim, if possible, to have it at the start of a shift where the guard should be in the station and not in the middle of dealing with anything else.

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

Fighting Tao · 15-04-2018 10:51AM

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

But you never spoke the the guard you need to in Cahir. 99% of the advice here is the same and you don't seem to want to follow it. The other 1% of advice will cause you an awful lot more hassle in the future in trying to get a conviction overturned.

If it were me, I'd be onto Cahir station right now rather than making excuses here, and find out when you can talk to the guard. If it meant waiting an hour or two in Cahir I would.

Panrich · 15-04-2018 10:54AM

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

It sounds to me like the Gardai in question now have a tick in the summons served box and don’t want to reopen this can of worms. I’d visit the station and refuse to leave until I spoke to a senior officer.

tbarry31 · 15-04-2018 10:58AM

Fighting Tao wrote: »

But you never spoke the the guard you need to in Cahir. 99% of the advice here is the same and you don't seem to want to follow it. The other 1% of advice will cause you an awful lot more hassle in the future in trying to get a conviction overturned.

If it were me, I'd be onto Cahir station right now rather than making excuses here, and find out when you can talk to the guard. If it meant waiting an hour or two in Cahir I would.

You might need to read all the posts again. I have contacted Cahir Garda station and asked to speak to the Garda in question and he hasn't been there anytime I have called even 1 of the garda said to me on the phone what type of car it was and knows its not me and thanks for calling. There isn't much else I can do if both Garda's are not available. The garda on the phone was absolutely sound and even said sorry for the way this is being handled

Sleeper12 · 15-04-2018 11:04AM

tbarry31 wrote:

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.

tbarry31 wrote:

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.

How will the court know any of these facts if you just ignore it?

You have been served a summons in a legal manner. You need to go to the Gardai and explain or attend court. The summons just means that you have to attend court. It doesn't mean that you are guilty. It is here that you get to explain the facts.

I'm not sure why you posted at all if you don't want advice.

Fighting Tao · 15-04-2018 11:07AM

tbarry31 wrote: »

You might need to read all the posts again. I have contacted Cahir Garda station and asked to speak to the Garda in question and he hasn't been there anytime I have called even 1 of the garda said to me on the phone what type of car it was and knows its not me and thanks for calling. There isn't much else I can do if both Garda's are not available. The garda on the phone was absolutely sound and even said sorry for the way this is being handled

I have read them all and I'm sorry to say that your conversation with the guard that happened to answer the phone is just fluff around the situation. I still stand by my advice that you need to talk to the Guard in Cahir....that is not any guard, it's the one that is named on the summons, and if you can't get him/her then talk to the superintendent.

However, it is clear now that you do not wish to help yourself, and the advice people have been giving is going ignored. Good luck with your non-appearance in court, and the effort it will take to get the judges ruling over-turned.

Glass fused light · 15-04-2018 11:08AM

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

It's not passing the buck. The guard who's name is on the summons is going to appear in court on the date in questIon, step up and give testimony that s/he ..... <Insert details per summons> ... And that you were the driver.
You need to contact that person directly and prehaps turn up so they can do a ID.

Sleeper12 · 15-04-2018 11:09AM

Patww79 wrote:

This post has been deleted.

I have driven cars not in my name from time to time. Having no connection to the car isn't a get out of jail free card. Jasus joyriders rarely have any connection with the car they drive. That doesn't mean that they haven't broken a law.

All of the this needs to be explained to the Garda or attend court.

A day in court can be very entertaining anyway

STB. · 15-04-2018 11:10AM

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

Its this simple. Go down in person when they are on duty.

Explain they have the wrong person. Bring your passport and/or a drivers licence.

This will have your details that will clearly show by DOB alone that they dont match the registered owner of the vehicle.

Get the guard to strike out the summons.

If you cannot get them, talk to the inspector on duty.

Sleeper12 · 15-04-2018 11:11AM

tbarry31 wrote:

Funny thing here is they know my address now why didn't they come here

Because you have already been served. Remember they now know that you received the summons so you can't even use that excuse

Fighting Tao · 15-04-2018 11:12AM

Glass fused light wrote: »

It's not passing the buck. The guard who's name is on the summons is going to appear in court on the date in questIon, step up and give testimony that s/he ..... <Insert details per summons> ... And that you were the driver.
You need to contact that person directly and prehaps turn up so they can do a ID.

Guards often complain about the amount of paperwork and time waiting around court all day. I'm sure the summonsing guard will be happy to rectify the situation rather than having to spend double the amount of time and effort getting the other guy into court at a later date.

Sleeper12 · 15-04-2018 11:13AM

Patww79 wrote:

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No. Op rang two different stations stating that he received the summons. He also gave them his current address. He cannot deny knowledge of the summons at this stage

OldMrBrennan83 · 15-04-2018 11:18AM

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Glass fused light · 15-04-2018 11:20AM

Fighting Tao wrote: »

Guards often complain about the amount of paperwork and time waiting around court all day. I'm sure the summonsing guard will be happy to rectify the situation rather than having to spend double the amount of time and effort getting the other guy into court at a later date.

Agreed.
It's just the OP does not appear to understand why contacting the summonsing guard rather that whom ever is manning the phone ( before the court date ) is necessary. Is not passing the buck on the other guards behalf, it's avoiding a game of Chinese whispers where the looser has a traffic conviction.

Sleeper12 · 15-04-2018 11:21AM

Patww79 wrote:

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So he has to go to court.

OldMrBrennan83 · 15-04-2018 11:23AM

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Glass fused light · 15-04-2018 11:28AM

Patww79 wrote: »

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This would have been a very easy way for the OP to end up with a traffic conviction.
The OP's mam did not refuse the summons. The summons serving guard and the guard giving testomony in court on the day did their part. The judge would not hear the OP's testomony and would make a ruling on the evidence presented on the day.

Wildly Boaring · 15-04-2018 11:32AM

Catch the guard at shift start. And surely if the guard in question is not available you can ask to speak to the inspector.

As per majority of advice once it's blatantly obvious the guard will not want to waste time going to court twice.

I've dealt with the guards in Cahir numerous times with work. Generally a very helpful station. One of the better ones.

STB. · 15-04-2018 11:38AM

Glass fused light wrote: »

This would have been a very easy way for the OP to end up with a traffic conviction.
The OP's mam did not refuse the summons. The summons serving guard and the guard giving testomony in court on the day did their part. The judge would not hear the OP's testomony and would make a ruling on the evidence presented on the day.

This is the flip side of poor attention to detail by AGS and an unnecessary summons issued incorrectly.

The presumably different address that the fixed notices issued to the first time resulted in a no show and a summons has now issued for this person to appear before the courts. Presumably this is were the guesswork has come into play by AGS. They couldnt serve it at the other address as they are not there anymore. So genius work has resulted in same name serving. Poor.

Rather than the OP having to appeal this if convicted in absence it could be resolved by getting to the member of AGS who delivered the summons and explaining that they have the wrong guy by simple proof of who you are. I'm sure the guards dont want to waste a citizens time nor their own.

Glass fused light · 15-04-2018 11:39AM

Patww79 wrote: »

This post has been deleted.

^^ so the OP and the OP's mother both give testimony that she went down to her childs house with a summons ( which had been deliverd by uniformed officers driving a marked car ? ) left it some where in the house and never mentioned a word of it to any of the people residing within, ever.

K.Flyer · 15-04-2018 12:08PM

tbarry31 wrote: »

I rang my local station where the guard who gave the summons to mam is stationed they said contact the guard who is on the summons I tried that got told that type of car it was ( which I never had ) and got told to contact who gave the summons passing the buck is what they are doing...

if you have absolutely nothing to do with the speeding offence then you need to get to speak with the Garda whose name is on the summons, in person.
This is who you need to prove to that they have made a mistake, and better still, if you can, show that you were in a totally different place at the time of the offence.
If you find they are not listening or sidestepping you then you may need to get a solicitor to sort it out for you.

tbarry31 · 15-04-2018 12:16PM

Fighting Tao wrote: »

I have read them all and I'm sorry to say that your conversation with the guard that happened to answer the phone is just fluff around the situation. I still stand by my advice that you need to talk to the Guard in Cahir....that is not any guard, it's the one that is named on the summons, and if you can't get him/her then talk to the superintendent.

However, it is clear now that you do not wish to help yourself, and the advice people have been giving is going ignored. Good luck with your non-appearance in court, and the effort it will take to get the judges ruling over-turned.

I am actually following your advice and advice of others I have contacted both Police stations tried my best to speak to the Garda who served the summons and the garda who's name is on the summons both for some reason are not available to talk. I am trying to solve it that's why I tried to contact both guards involved. I can contact Waterford Garda station all you want but they don't want to deal with me they have already said nothing to do with them. Please rememeber I live over an hour's drive from Cahir Garda station

tbarry31 · 15-04-2018 12:19PM

K.Flyer wrote: »

if you have absolutely nothing to do with the speeding offence then you need to get to speak with the Garda whose name is on the summons, in person.
This is who you need to prove to that they have made a mistake, and better still, if you can, show that you were in a totally different place at the time of the offence.
If you find they are not listening or sidestepping you then you may need to get a solicitor to sort it out for you.

I tried my best to contact the Garda in question seems to be unavailable to talk and now I have been told he won't be around all next week. I don't exactly know what I was doing a year back so that would be hard to prove where I was.

Speeding Summons / wrong everything

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