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Non payment of fine. Court Case pending .


seanmoylantd

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Joined
Jul 24, 2011
Messages
1,975
My dear old Dad got a fine of two hundred euro from An Garda [Motoring Offense] He had twenty eight days to pay. He left it until day 21, and being a seventies child bought a PO from An Post for the amount of two hundred euros to pay his fine.

Thurles [Traffic Fines Dept]couldn't process a PO as it wasn't payable to a individual bank account [knowing my Dad it probably just said ' to cash'] .So they sent the PO back with a letter saying his payment window had run out and it was now going to Court.
I went to my local TD [well he did] but once it's in the Court System TDs can't advise . Is Court now inevitable?
 

P Ryan

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Joined
Nov 25, 2011
Messages
3,509
My dear old Dad got a fine of two hundred euro from An Garda [Motoring Offense] He had twenty eight days to pay. He left it until day 21, and being a seventies child bought a PO from An Post for the amount of two hundred euros to pay his fine.

Thurles [Traffic Fines Dept]couldn't process a PO as it wasn't payable to a individual bank account [knowing my Dad it probably just said ' to cash'] .So they sent the PO back with a letter saying his payment window had run out and it was now going to Court.
I went to my local TD [well he did] but once it's in the Court System TDs can't advise . Is Court now inevitable?
When he goes to the big house, I hope the prisoner officer asking him to bend over and spread doesn't have large hands petunia
 

slippy wicket

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Mar 10, 2010
Messages
4,560
It's a pain in the ass, but it will have to go to court.
Something similar happened to my dad.
Once it's in, there is no flexibility.
 

RobertW

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Feb 11, 2011
Messages
20,483
Yes. . .Court is probably inevitable.

He should turn up and explain his situation to the Judge. . . Not much the TD can do
 

Eoin Coir

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Jun 16, 2012
Messages
16,632
If he gets a summons to court just go and tell what happened and have the evidence. Most justices are human beings after all. He can go or you can go for him, it is allowable under dc rules.
 

tigerben

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Sep 21, 2010
Messages
4,621
I'm sure once it's explained to the judge it will be fine! Surely in a case like this once a PO is sent back, the time left to pay should be from the day the PO was received.
 

SeanieFitz

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Joined
Sep 13, 2010
Messages
12,225
Yes. . .Court is probably inevitable.

He should turn up and explain his situation to the Judge. . . Not much the TD can do
ridiculous situation, i reckon the judge will be sympathetic towards your Dad and p11sed at the waste of court time
 

Sync

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Joined
Aug 27, 2009
Messages
28,845
Yeah he's not going to get hassle, go with the letter, explain the situation, pay the fine as is. He's not going to get an additional punishment.
 

zakalwe1

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Joined
Oct 3, 2008
Messages
5,306
if the judge is reasonable...then he/she will accept that a genuine attempt to pay the fine was made and once fine is paid, that should be that....

having said that, when your father stands up in court to give his side, he should preface his statement with "for the record, your honour, i voted no in the judge's pay referendum"...

only jking...the solicitor will do all the talking...
 

southwestkerry

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Aug 20, 2008
Messages
4,230
unfortunately once the paper work runs its course and the computer says your in trouble their is no way back. On the day in court the judge may be a kind type and go easy as they sometime can read between the lines and I would hope they would in your dads case.
swk
 

Monday Monday

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Joined
Feb 9, 2009
Messages
1,339
In fairness to An Garda Siochana they have no way of knowing whether it was an accident or a deliberate attempt to avoid paying.

I'm hoping sense will prevail and your Dad will show up, explain what happened, pay on the day and that's the end of it.
 

Mitsui2

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Nov 13, 2009
Messages
33,382
It is indeed a ridiculous situation, and apart from the waste of court time an unnecessary amount of stress to dump on a man who's presumably fairly elderly (if the OP's use of "old" isn't just affectionate).

Surely this type of thing happens with at least some little frequency. You'd think they'd have some kind of ability to cope with it without resorting to this kind of nonsense.
 

P Ryan

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Joined
Nov 25, 2011
Messages
3,509
In fairness to An Garda Siochana they have no way of knowing whether it was an accident or a deliberate attempt to avoid paying.

I'm hoping sense will prevail and your Dad will show up, explain what happened, pay on the day and that's the end of it.
Nah, 7 years with last 2 suspended ;)
 

Davidoff

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Joined
Oct 4, 2010
Messages
1,485
Let me put your mind at rest.

Your father has absolutely nothing to worry about. In fact, he shouldn't even pay the fine.

I'm assuming, of course, that he's a beef baron, a property developer, or a senior banker.

In all other caes he's fooked.
 

FrankSpeaks

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Joined
Apr 18, 2008
Messages
4,625
I would expect the judge to be lenient and let him off with just paying the fine. One thing why did you bother going to a TD? It is patently obvious that s\he will have no influence on the outcome.
 

an modh coinniolach

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Joined
Oct 28, 2010
Messages
1,312
In fairness to An Garda Siochana they have no way of knowing whether it was an accident or a deliberate attempt to avoid paying.

I'm hoping sense will prevail and your Dad will show up, explain what happened, pay on the day and that's the end of it.
Yes they do, a postal order is not like a cheque, you have to buy it in advance. If the events we've been recounted are correct, the man had clearly parted with his money in good time. There is no excuse for a system which cannot avoid sending this going to court; it is a waste of public time and money.


From http://www.anpost.ie/AnPost/Glossary+of+Terms.htm#P
Postal Money Order: The paper alternative to sending cash by post for customers that do not have a chequebook.
 

irishpancake

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Joined
Apr 5, 2007
Messages
17,837
If he gets a summons to court just go and tell what happened and have the evidence. Most justices are human beings after all. He can go or you can go for him, it is allowable under dc rules.
Jazuz.....name one that isn't....and post a piccy




Sorry, couldn't resist!!

Hope you see the humour [attempted]
 

Expose the lot of them

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Joined
Jan 15, 2009
Messages
20,944
if the judge is reasonable...then he/she will accept that a genuine attempt to pay the fine was made and once fine is paid, that should be that....

having said that, when your father stands up in court to give his side, he should preface his statement with "for the record, your honour, i voted no in the judge's pay referendum"...

only jking...the solicitor will do all the talking...
What solicitor? There is no need to waste money on a solicitor, he can represent himself. Does he know the Garda who issued the penalty notice? He should introduce himself to Garda concerned on the Court day (if he does not already know him/her), explain the situation and that he will be representing himself.

In my experience Judges are sympathetic in these situations, of course it is possible for the Gardai to withdraw the charges on the day of the hearing,

Bottom line no solicitors.
 

seanmoylantd

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Joined
Jul 24, 2011
Messages
1,975
I would expect the judge to be lenient and let him off with just paying the fine. One thing why did you bother going to a TD? It is patently obvious that s\he will have no influence on the outcome.

Dad did. He's old school.
 
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