# procedure for informing you of  Penalty Points when Garda has not got correct address



## NickyK (6 Apr 2008)

Hi All,
I was pulled over for speeding about 2 months ago. First offence in 16 years of driving. 

It was on a new road that had no streetlights and signs of about 12 inches diameter. It was my first time on this road and I thought the limit was 80kph when it was actually 50kph. I was doing 71kph. Anyway I'm big enough to say I was in the wrong.

When the Garda pulled me over she took the details from my license, she never bothered to ask me a single thing, not a thing. 

I drove on, then turned around to go home as I was disgusted with myself. As I was going home the Garda passed me obviously heading back to the station as her nights work was done.

Had the Garda bothered to ask she would of found out I had moved address 2 years ago and the one on my license was not correct. 

My question is what is the procedure for informing you of the points and what happens now the Garda hasn't got my correct address?

Apologies if it seems like I'm Anti-Garda but in the previous week a friends house was burgled and up to now still no sign of the Garda and also while driving on a country road with my young God child a car came up over a dip and nearly blew me off the road into the ditch. Speed limit was 50 and the girl was way over it. 

I just can't understand why Garda are not on country roads with speed cameras or at country pubs at 11:30 pm instead of 7pm when it's obvious they're not going to catch anybody.

Rant Over!!


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## ajapale (6 Apr 2008)

*Re: Penalty Points*

moved from Askaboutlaw to  Car & motoring related issues which is where the legal aspects of motoring are discussed.
and title ammended to more fully reflect question.


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## gabsdot (6 Apr 2008)

*Re: procedure for informing you of  Penalty Points when Garda has not got correct add*

Be careful that this doesn't get worse for you. If a fine notice is sent out to your old address and is not paid you may get a court summons. And then if you don't attend court you might get a bigger fine. 
This happened to my husband, he broke a red light, didn't go to court and in his absence was charged for driving without insurance and was disqualified and given a €3k fine. I has taken us a year to have this removed from his garda record.


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## tinkerbell (6 Apr 2008)

*Re: procedure for informing you of  Penalty Points when Garda has not got correct add*

Why on earth did you not change your address on the licence as required by law when you moved? You could easily have told the Garda that you had moved. Its up to each driver to ensure they have the correct details on the licence and on the registration details. Sorry but not an once of sympathy from me - you were doing over 20 above the limit obviously in whats termed a "built up area" and not updated your paper work - rant over too!!!


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## rosiemc (6 Apr 2008)

*Re: procedure for informing you of  Penalty Points when Garda has not got correct add*

You are not required by law to change the address on your licence if you move.

ETA link: http://www.citizensinformation.ie/c...oring-1/driver-licensing/full_driving_licence


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## gradgrind (6 Apr 2008)

*Re: procedure for informing you of  Penalty Points when Garda has not got correct add*



> he broke a red light, didn't go to court and in his absence was charged for driving without insurance and was disqualified and given a €3k fine.


Did he have insurance? If not then fair enough but otherwise - did you challenge at the circuit court. 

Can't find a link but I'm reasonably some judges are now throwing out cases where an individual in court swears he didn't receive the notice.

There's a serious weakness in the current points system, since driving licenses are up to 10 years old, many of them have incorrect addresses. A person pulled maybe for the first time in their life is not really in best frame of mind to calmly notice a problem with the driving license address.

Many Gardai realize driving license address aren't useful and ask for an address instead, but that still error prone. Leaving aside typos, the address form they need to fill on their system seemingly won't take a precise Irish style address. 

It's just four lines, if the Garda decides to fill in City and County in two of these and drop a couple lines provided, then some addresses will be problematic.

Surely they could just cross reference the reg plate with the motor tax address. I assume they do this for fixed speed cameras.

By the way inadequate signs is a legitimate defense, if a road is deserving of a 50kph limit but otherwise looks from experience like a higher limit road then for safety it needs to be clear to motorists. It's hardly good enough as an alternative to have poor signs and gardai speed checking.


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## NickyK (7 Apr 2008)

*Re: procedure for informing you of  Penalty Points when Garda has not got correct add*

Tinkerbell as I said the Garda didn't have time to ask me anything she was too busy getting ready to clock out for the night. I would have said it to her had I realised the address was incorrect and had I not been in shock. 

I don't expect any sympathy from you but I think one offence in 16 years is not bad going. You probably still feel the same but ask yourself this, why would an experienced driver who sees a Garda on the road not just slow down? Answer: Because I genuinely believed the the limit was 80 and as I said it was a new road with no lights or anything.

Anyway I will be ringing to inform them of my new address tomorrow. Thanks everyone for the advice.


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## Bluefish (16 Jul 2008)

*Re: procedure for informing you of  Penalty Points when Garda has not got correct add*

Does anyone know the length of time the Gardai have to issue you with your notice before it is not enforceable.

Thanks


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