Garda sent fine to wrong address, fine doubled in court

Eric_Noon · 14-02-2019 07:25PM #1

Hi all,

About 6 months ago I was stopped by Gardai Traffic Policing for taking a right turn where i shouldn't have. I was pulled over and it turned out i had no CVRT on my jeep either, by about 3 weeks. I got summonsed to court for no CVRT, and a fine for the right turn, but I never got the summons or fine in the post.

A few weeks back i got a call from the Guard who stopped me and she explained she took my address down wrong, i collected the summons and fine from pearse street garda station.

I Went to court and tried my best to explain to the judge that summons and fine were sent to the wrong address (the guard also pleaded this case to the judge, said i was co operative bla bla) only to be convicted and fined 300 and 150 for no CVRT and right turn respectively! The gaurd told the judge that she messed up, also showed the judge my new CVRT cert (which passed 5 days after the incident)

The Judge was clearly in a bad mood, i can accept the 300 CVRT fine, but the original right turn fine was 60e, how can it be put up to 150 if i couldn't pay it as i never got the fine?

Basically should I appeal this or just let it go? its the principle of it that i'm annoyed about, i would have paid the fine if i got it in the post.

Any help would be greatly appreciated!

Mr. Incognito · 15-02-2019 10:07AM

Pay it.

hullaballoo · 15-02-2019 12:40PM

I'd strongly consider an appeal in those circumstances, particularly so where they will affect your insurance premium as you have to declare these convictions.

If you are a professional driver or drive for professional purposes, and I presume you are, it could well be worth investing a bit of time and paying a solicitor to take the appeal.

Take professional legal advice before you make a decision would be my strong recommendation.

Homer · 15-02-2019 12:53PM

Mr. Incognito wrote: »

Pay it.

Wow. Quite a detailed and well thought out response there :rolleyes:

Mod
Pls keep it nice and friendly when posting here

Mr. Incognito · 15-02-2019 01:12PM

Homer wrote: »

Wow. Quite a detailed and well thought out response there :rolleyes:

I'm sorry. Please pm me for a refund.

How much was your expectation again?

Theboinkmaster · 15-02-2019 01:14PM

Mr. Incognito wrote: »

I'm sorry. Please pm me for a refund.

How much was your expectation again?

Are you the judge?

Homer · 15-02-2019 01:17PM

Mr. Incognito wrote: »

I'm sorry. Please pm me for a refund.

How much was your expectation again?

An expectation to contribute to the OP and not be a clown?

Mr. Incognito · 15-02-2019 01:22PM

Its 450 for TWO offence she admits to. This is very very low for 2 offences particularly not having a valid road worthiness cert.

http://www.rsa.ie/en/RSA/Your-Vehicle/Your-Vehicle-/Road-Worthiness--Related-Offences/General-Roadworthiness/

I do not believe any appeal judge would entertain this.

hullaballoo · 15-02-2019 02:14PM

Surely the appeal is on the fundamental fairness/fair procedures point that the OP had no opportunity to pay the lesser FCPN-level fine due to an admitted error on the part of the State party.

I mean if you were to be very balchy about it, you might even submit it to the discretion of the High Court under JR.

But I'd be leaving that for the paid professional to advise the OP.

Eric_Noon · 15-02-2019 03:28PM

Thabks for the replies, it’s hard to know what to do, I think they have actually sent the 2 new fines to the wrong adress again also, no idea why as I’ve always kept my address at my parents for handiness, all of my cars and license, Eflow, insurance etc is my parents address!

It’s one of those things I guess, if I appeal it’s probably 50/50! But I’m fairly sure that the convictions carry between 5-8 points in total for both, so it would be a major issue as I’m self employed and cannot work without my car!

I’ll certainly seek legal advice, but I have a feeling I will be told to suck it up and pay the fines and take the convictions!

Garda sent fine to wrong address, fine doubled in court

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