Speeding -- received fine-cheque sent but not received

[mercman]

My daughter was picked up by a Garda with speed camera last January. Summons received and I sent a cheque to Dublin to pay the fine. Statement received showing total number of points etc. Earlier this month she received a Summons to go to Court. Daughter got in touch with the Garda who told her he would have the case adjourned until she got all the paperwork together. After going through all my old cheque books, I found the stub showing where the cheque was written in February '09. No reminder was sent and after looking at Statements find the cheque was not cashed. Due back in court very soon. Any ideas how to handle this as it is not our fault the cheque got lost in the post ???

 

[bacchus]

Would you still have the bank statements to show all cheques in the cheque book have been used & cashed, bare one which bas been written but not cashed?
Present this evidence to guarda and see what he/she says.

 

[mercman]

Yep, have all the Bank Statements and cheque book stub. I just find it strange that they send a statement showing how many points a person has got, but not a reminder in case of non payment.

 

[gradgrind]

In fairness to An Post, this is more likely to have been received and subsequently mislaid as it would have been to be lost in the post. It sounds like an administrative error.

If they didn't get the cheque I can't see why they'd send out a statement with the points, I'm assuming this was received after the letter with cheque was sent in. This statement sounds like an effective acknowledgement of the receipt of the cheque.

I believe the nomal procedure is to first get the notice and then if you don't pay the fine you don't get any subsequent mail until the summons.

I'd ask a few polite questions of the fines office to see if they can explain what went on.

 

[JoeB]

Well, from their point of view they never received payment.. you might never have sent the cheque, just wrote the stub and ripped up the cheque. Do you not reconcile your bank statements.

I'm not sure if you should have received the penalty points but that may be the correct procedure. Are you entitled to reminders?, it may be that they don't send them..


I'd say you will be treated nicely.. you may have to go to court on the day, and the Guard may say on your behalf that there appears to have been an error, that the fine has now been paid, and that the Guards consider the matter closed and would be happy to have the case closed..

 

[mathepac]

... it is not our fault the cheque got lost in the post ???

IME all the documentation relating to these fixed penalty notices / fines have to have a (PULSE?) reference number written on them. If you didn't write this on the cheque, it may be lying in the in-tray of the "MEMBER IN CHARGE" somewhere waiting to be joined up with the rest of the paperwork. It'll also go "stale" soon ( > 6 months old? ) and can't be used.

 

[mercman]

Well, from their point of view they never received payment.. you might never have sent the cheque, just wrote the stub and ripped up the cheque. Do you not reconcile your bank statements.

The cheque was sent attached to a copy of the fine. I can show that every cheque written from the cheque book has a corresponding debit on the Bank statement over a two month period. My accounts are only reconciled once a year mainly because if a cheque is not cashed it is not my problem. It would be different if there was a history of non-payments. This is quite to the contrary, and as a family we can show that our bills are always paid in full and on time unless an error has been created and therefore no payment has ever been delayed to any third party whatsoever.