Finian McGrath (Dublin North Central, Independent)
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Question 253: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 3 was treated in a bad and unprofessional manner by the Gardaí and the justice system. [28447/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have been informed by the Garda authorities that two fixed charge notices dated 30 August and 1 September 2005 were served on the registered owner of a vehicle, a company where the person referred to is employed. The fixed charge notices were then passed by the company to the person referred to as he was the driver of the vehicle at the times in question. Prior to passing the fixed charge notice to the driver of the vehicle the company should have completed the fixed charge notice identifying the person referred to as the driver on both occasions in compliance with section 103(4) of the Road Traffic Act 1961 (as amended).

I am further informed that although the notice was addressed to the company and not the person referred to, the person referred to forwarded payment along with the declaration section completed on both notices. The declaration states that the notice only applies if the person paying the fixed charge is the person referred to in the notice.

The National Processing Office accordingly accepted the original notices as a nomination of driving. Consequently new notices were issued in the name of the nominated driver who then had 56 days to pay the fixed charges, but did not. I am further informed that contact was then made with the National Processing Office indicating duplicate notices had been received. They were not in fact duplicate notices, as the initial notices referred to the company as vehicle owner while the second notices referred to the person referred to as the driver. On 21 August 2006 correspondence was sent to the person referred to outlining the appeals procedure which is the only option available to him at this time.