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No road tax payment and a court case?

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  • 23-09-2013 10:54am
    #1
    arfro
    Registered Users Posts: 1 ✭


    Hi there guys,

    I hope you are all good. I would appreciate any light up on my topic here since I don't have any experience dealing with the Irish Law. Please read a brief explanation of the issue below.

    Case: No road tax, no NTC inspection and no insurance for a car. The owner decides not to pay for getting the car back and so the car gets scrapped. There is a fee that needs to be paid within 56 days. The owner being abroad does not find the letter [mentioning only the road tax] on time and being back in Ireland calls the Gardais to find out the court case against them will be brought.

    What are the normal procedures and is it treated as a serious offense in the Irish Law? Also, does a defendant pay for the case? In case they do, what are the estimate costs of a case like this?

    Please note the owner has no criminal record.

    Thank you a lot for all the replies!

    Regards,
    a.
    Tagged:


Comments

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    #2
    Victor
    Registered Users Posts: 78,282 ✭✭✭✭Victor


    What paperwork is there? Fixed charge notices or similar? A summons?

    If they are fixed charge notices, you can usually avoid court by paying them, in full and on time. If it is a summons, you have to go to court or at the very least have someone (usually a solicitor) represent you.

    As there are multiple, modestly serious charges, you really need a solicitor. Assuming all goes well prison is unlikely (but it is an option). Using a solicitor that regularly appears in the relevant court is usually the best option.

    If you are being prosecuted by the Garda, you do not bear the costs of the court hearing, but you do have to pay (a) any fines, unpaid tax, compensation, etc. and (b) your own legal costs. If you are prosecuted by some other authorities, e.g. council, HSE, HSA, EPA, etc. you will also have to pay their costs.

    That the vehicle was crushed mean that you might be liable for removal and storage costs - I imagine this is the fee you talk about.


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    #3
    redtapestyl
    Registered Users Posts: 93 ✭✭redtapestyl


    did the owner at least have a driving license? the insurance charge is most serious I would get onto a good lawyer asap


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    #4
    xtine123
    Registered Users Posts: 6 ✭xtine123


    can anybody please enlighten me here,

    when you have been stopped by the guards and didn't have your license on you at the time and have to go to the guarda station to show your license and insurance slip do they input it into a computer system or how does this work? or do they just have a look at it and send you on your way?


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    #5
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Yes, it's recorded (usually).
    If they just looked at it and sent you on your way then how would the Garda who stopped you know that you complied with his demand unless by mere coincidence he was at the desk when you showed up? or that the documents were genuine or applied to you?


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