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Tax fine issue.

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  • 26-04-2010 6:39pm
    #1
    Closed Accounts Posts: 717 ✭✭✭


    howdy people.
    long story short i got a fine for no tax on the 30 10 2009.
    also i had previosly got a fine one week earlier.

    i told the garda that i had already got a fine,and was putting tax on the car the next week.
    so i drove off and that was that.

    i taxed the car next week and paid the first fine.
    now todaay i have a summons to court for not paying the fine relating to the above date.

    i need to know what i can do.
    the summons was issued on the 8 march,today is the 26 of april

    is there somthing about a six month term where the fine can become void.

    any help please as i dont want to fork out more for the revenue ,especially when you see what all the bankers etc can get away with.


Comments

  • Moderators, Society & Culture Moderators Posts: 38,526 Mod ✭✭✭✭Gumbo


    AFAIK the two fines will be for not displaying the tax on both occasions.
    the two fines still stand iirc.

    technically you should of not had the car on the public road until the tax disc was in the window.

    most garda wouldnt do you for it if you had a valid reason, but i guess this guy wasnt one of them.


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    The two fines are separate issues, you should have paid both. You've no option now but to go to court.


  • Registered Users Posts: 3,470 ✭✭✭DonJose


    TURRICAN wrote: »
    any help please as i dont want to fork out more for the revenue ,especially when you see what all the bankers etc can get away with.

    Those damn bankers driving around with no motor tax... shakes fist!!!


  • Closed Accounts Posts: 3 Murphyse


    Excuse the highjack but I had a quick motor tax question;

    My tax expired in Nov and I've been away so hadn't renewed it until now. I was going to fill out the declaration of non-use for Dec to March and remembered that I had driven it once in December on the M50 and was tolled.

    I think I'm just going to scrap Dec but was wondering exactly how in depth the checks are for these cases? Anyone know?


  • Posts: 0 [Deleted User]


    Murphyse wrote: »
    Excuse the highjack but I had a quick motor tax question;

    My tax expired in Nov and I've been away so hadn't renewed it until now. I was going to fill out the declaration of non-use for Dec to March and remembered that I had driven it once in December on the M50 and was tolled.

    I think I'm just going to scrap Dec but was wondering exactly how in depth the checks are for these cases? Anyone know?

    Any time I have signed a car off the road there was no questions asked or checks done, they just signed and stamped the form.


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  • Closed Accounts Posts: 994 ✭✭✭Twin-go


    Murphyse wrote: »
    Excuse the highjack but I had a quick motor tax question;

    My tax expired in Nov and I've been away so hadn't renewed it until now. I was going to fill out the declaration of non-use for Dec to March and remembered that I had driven it once in December on the M50 and was tolled.

    I think I'm just going to scrap Dec but was wondering exactly how in depth the checks are for these cases? Anyone know?

    Hang on a second there Murphyse while I climb up on my high horse before anybody else on here does..

    You used it in December so you should back pay your tax to then.

    Now, I'm just going to climb down again.

    Just bring form to local Garda station. I've had to do it a couple of times. Never had any questions asked. They don't run checks or anything (even if they could):D.


  • Registered Users Posts: 3,009 ✭✭✭OldmanMondeo


    I have seen Guards checking some vechiles, usually ones that are cliaming to be off the road a while. Don't know if the E-flow is on the Pulse system.


  • Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    Anan1 wrote: »
    The two fines are separate issues, you should have paid both. You've no option now but to go to court.

    You have the option of not going to court. People frequently don't bother going for small things like this as it's more of a formality than anything else.


  • Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    Twin-go wrote: »
    Hang on a second there Murphyse while I climb up on my high horse before anybody else on here does..

    Yawn.
    Twin-go wrote: »
    Just bring form to local Garda station. I've had to do it a couple of times. Never had any questions asked. They don't run checks or anything (even if they could):D.

    That's because they're just witnessing your statement that the car has been off the road.


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    JHMEG wrote: »
    You have the option of not going to court. People frequently don't bother going for small things like this as it's more of a formality than anything else.
    Sure, but the fine will be bigger if he doesn't show up.


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  • Registered Users Posts: 64,915 ✭✭✭✭unkel


    Twin-go wrote: »
    Just bring form to local Garda station. I've had to do it a couple of times. Never had any questions asked. They don't run checks or anything (even if they could):D.

    I've done it several times myself. Only once was the form just stamped, all other times the form was taken inside and not returned for a couple of minutes. Make of that what you will. I don't know if the M50 toll is linked to pulse. I do know that automatic plate recognition is linked to pulse, so the car might have been recorded on that.

    If you take it to the Garda station to get stamped off the road (while the car has been on the public road), you're committing fraud. Plain and simple. You might get away with it. You might not. You takes your chances...


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Murphyse wrote: »
    Excuse the highjack but I had a quick motor tax question;

    My tax expired in Nov and I've been away so hadn't renewed it until now. I was going to fill out the declaration of non-use for Dec to March and remembered that I had driven it once in December on the M50 and was tolled.

    I think I'm just going to scrap Dec but was wondering exactly how in depth the checks are for these cases? Anyone know?

    You can take the chance. I highly doubt you used it only once. So it's very possible you are on the system in December.
    TURRICAN wrote: »
    howdy people.
    long story short i got a fine for no tax on the 30 10 2009.
    also i had previosly got a fine one week earlier.

    i told the garda that i had already got a fine,and was putting tax on the car the next week.
    so i drove off and that was that.

    i taxed the car next week and paid the first fine.
    now todaay i have a summons to court for not paying the fine relating to the above date.

    i need to know what i can do.
    the summons was issued on the 8 march,today is the 26 of april

    is there somthing about a six month term where the fine can become void.

    any help please as i dont want to fork out more for the revenue ,especially when you see what all the bankers etc can get away with.

    No. A summons must be served within six months. Thats probably what you're thinking of. You got fined for having no tax. You drove again afterwards. You got fined again. Two different fines. Both need to be paid. Just go to court and tell the judge you thought you had paid both and will pay the second one.


  • Posts: 0 [Deleted User]


    unkel wrote: »
    I've done it several times myself. Only once was the form just stamped, all other times the form was taken inside and not returned for a couple of minutes.

    Strange, I have done it myself probably 10 times with different cars over the last few years, My father has done his cars a few times, my sister has done it with hers and a friend of mine has done it as many times as myself not once were any checks done. We all did use the same station though so maybe it depends on the station.


  • Registered Users Posts: 64,915 ✭✭✭✭unkel


    maybe it depends on the station.

    Maybe it does. The one time I didn't take it to my local station, it was stamped straight away :)

    It should be policy that they at least take it back inside for a minute. Even if they don't check anything, this will frighten a lot of people into being a bit more honest with their motor tax :D


  • Closed Accounts Posts: 3 Murphyse


    Thanks for all the replies. To be honest I wouldn't take the chance for a few euro, but I was interested in what the procedure is.

    I particularly liked the cynicism from k_mac!


  • Registered Users Posts: 4,160 ✭✭✭TheNog


    k_mac wrote: »
    No. A summons must be served within six months.


    Correction - in this case of no tax the summons must be applied for within 6 months of the offence. Summons can be served after six months but 7 days ( or is it 10 days - I can never remember which) before the court date.
    unkel wrote: »
    Maybe it does. The one time I didn't take it to my local station, it was stamped straight away :)

    It should be policy that they at least take it back inside for a minute. Even if they don't check anything, this will frighten a lot of people into being a bit more honest with their motor tax :D

    Anyone heard of the proposed changes to the motor tax renewal?

    I heard about a year ago now that if your car was off the road you will have to register it off the road. If you are travelling you must produce documents to support that claim or if your car was being fixed you must also produce documents to support that claim.

    I heard this before the whole economic ****e really took hold so the plan maybe on hold for now.


  • Closed Accounts Posts: 1,464 ✭✭✭furtzy


    TheNog wrote: »
    Correction - in this case of no tax the summons must be applied for within 6 months of the offence. Summons can be served after six months but 7 days ( or is it 10 days - I can never remember which) before the court date.



    Anyone heard of the proposed changes to the motor tax renewal?

    I heard about a year ago now that if your car was off the road you will have to register it off the road. If you are travelling you must produce documents to support that claim or if your car was being fixed you must also produce documents to support that claim.

    I heard this before the whole economic ****e really took hold so the plan maybe on hold for now.

    Its still in the pipeline. Will be the same as the UK SORN (Statutory Off Road Notice) system so you will inform Shannon when the car is off the road and not the current system of telling the local Garda station when it was off the road.

    Makes more sense


  • Closed Accounts Posts: 445 ✭✭Teddy Daniels


    I collect bikes and cars and wold prefer a system where i could reg the ones that are in various stages of rebuild as off the road but as I do all the work myself i'd have no "proof". At the moment I bring pictures of the rebuild + copies of the tax I have on the other vehicles; tow cars and two bikes at the minute to show that it was not needed as a vehicle. I'd love this to be a standardised system.


  • Registered Users Posts: 22,242 ✭✭✭✭Akrasia


    I was going in to get my car taxed last year in my local tax office. Car was a couple of months overdue but I was backdating the payment as I had been drivng the car.
    When I got to the window I said I wanted to pay the back tax and was asked if the car was off the road. I said no, then I was asked was i sure the car wasn't off the road and she pointed to the declaration at the bottom of the renewal form and told me to go to the gardai and get it stamped.

    Now that's customer service.

    On another note, I was stopped another time for no tax, car was about a month out, was short of cash. the garda gave me a fine of whatever euros and told me to pay it within 90 days. I waited a few weeks for the fine to come in the post, when it never arrived, I went into the station and asked if they could send me another one so I could pay the fine, didn't want to be up in court. the garda at the window said that if I never received the letter, then there was nothing they could do, that i had 'gotten away with it'.
    Got him to write me a receipt saying I was there to request a copy of the letter in case I ever got a summons.


  • Registered Users Posts: 904 ✭✭✭The Nutty M


    TheNog wrote: »
    Correction - in this case of no tax the summons must be applied for within 6 months of the offence. Summons can be served after six months but 7 days ( or is it 10 days - I can never remember which) before the court date.

    Would you happen to know can a person find out whether a summons has been applied for or do they have to wait for it to be served?


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  • Registered Users Posts: 4,160 ✭✭✭TheNog


    Would you happen to know can a person find out whether a summons has been applied for or do they have to wait for it to be served?

    One way to find out if a summons is on the way is to track down the Garda who stopped you. Only way of doing that is if have his/her shoulder number. Failing that you will just have to wait it out.


  • Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    Anan1 wrote: »
    Sure, but the fine will be bigger if he doesn't show up.

    It probably won't. It'll be the same fine the judge will be giving out to everyone for that offence on the day.


  • Registered Users Posts: 4,160 ✭✭✭TheNog


    JHMEG wrote: »
    It probably won't. It'll be the same fine the judge will be giving out to everyone for that offence on the day.

    Normally the fine is bigger for those who dont show up compared to those who do and give a half hearted explanation.


  • Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    TheNog wrote: »
    Normally the fine is bigger for those who dont show up compared to those who do and give a half hearted explanation.

    Not in my experience. Judge doesn't give a toss and flies through those kind of fines.


  • Registered Users Posts: 4,160 ✭✭✭TheNog


    JHMEG wrote: »
    Not in my experience. Judge doesn't give a toss and flies through those kind of fines.

    sorry meant to add in my local district court. previous convictions taken into account too


  • Posts: 0 [Deleted User]


    JHMEG wrote: »
    It probably won't. It'll be the same fine the judge will be giving out to everyone for that offence on the day.

    Still better off to go. What ever chance you have of coming up with some story to get your fine reduced if you turn up you have zero chance if you don't. You never know in this country you could even get it quashed altogether.


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