Notifications of speeding are likely to be sent out by registered post in future as a result of the dismissal of five cases on the grounds that the initial notifications did not arrive. Most court documents are either hand-delivered or sent by registered post.
However, the decision yesterday of one District Court is not binding on another, so people who seek the dismissal of cases against them on the same grounds may not succeed in a different court. Another District Justice may accept the word of a garda that they were sent as sufficient proof that they were received.
According to legal sources, people seeking the dismissal of their cases on the same grounds as the five who succeeded will have to swear on oath that they did not receive the initial notifications that their car was recorded speeding. Most people would not give false evidence on oath.
However, when notifications are posted in the normal way there is no proof they arrive. A garda can give evidence they were sent, but this does not prove they arrived.
A registered letter would cure that problem, as it would return to the sender if it was not delivered.
But there are a number of summonses outstanding following the sending of notifications by normal post. Because there is no proof that they arrived safely, it will be up to each individual who was caught by a speed camera, and received a notification of the fact, but did not pay the fine, to wrestle with his or her conscience when they come to court faced with the prospect of four points being put on their licence.