Not displaying a NCT cert - Fixed charged notices

Tomek398 · 12-05-2017 8:17pm #1

Hi Everybody

I was stopped by Garda who noticed lack of valid NCT cert in my card. I forgot to put it into my car. My mistake. I was told to produce the cert at the local Garda station which I did on the same day. Despite that I receive fixed charge notice (60E). Can you advise what my options are?

Should I just pay or there is some way to appeal? Will I receive 3 points after paying the fixed charge just for not displaying the cert? (I've had it for a few months). Or should I just wait until I get summons from a court and then explain the story there? I'm especially concerned about those penalty points.

Thanks

grogi · 12-05-2017 8:23pm

Tomek398 wrote: »

Hi Everybody

I was stopped by Garda who noticed lack of valid NCT cert in my card. I forgot to put it into my car. My mistake. I was told to produce the cert at the local Garda station which I did on the same day. Despite that I receive fixed charge notice (60E). Can you advise what my options are?

Should I just pay or there is some way to appeal? Will I receive 3 points after paying the fixed charge just for not displaying the cert? (I've had it for a few months). Or should I just wait until I get summons from a court and then explain the story there? I'm especially concerned about those penalty points.

Thanks

The FCP is for "Using vehicle (car) without valid test certificate (NCT)". The car had NCT - I don't know what you got the penalty. But if for the above - you probably will get the points.

corglass · 12-05-2017 8:24pm

The fine and points are for non display, irrespective of whether you have a valid test or not.

I see no grounds for an appeal. Move on and take the points. Double check if it's 3, it may be less?

Tough lesson, ouch

cml387 · 12-05-2017 8:26pm

Why would you go to the trouble of NCT and the "forget" to put up the disk?

Tomek398 · 12-05-2017 8:34pm

Obviously I didn't cause any danger to anyone so why point? I had the cert at that time but no disc in the car. Garda can easily check road tax database on the spot so why not to check NCT? We have XXI century...

ongarite · 12-05-2017 8:36pm

Tomek398 wrote: »

Obviously I didn't cause any danger to anyone so why point? I had the cert at that time but no disc in the car. Garda can easily check road tax database on the spot so why not to check NCT? We have XXI century...

Ehh, the disc is attached to the cert AFAIK.
So you went to the trouble of having the cert in the car with the disc removed & forgot to put the disc on display.
A little unusual..

Edt: More info from OP
Cert wasn't in car

Seth Brundle · 12-05-2017 8:37pm

Tomek398 wrote: »

Obviously I didn't cause any danger to anyone so why point? I had the cert at that time but no disc in the car. Garda can easily check road tax database on the spot so why not to check NCT? We have XXI century...

You're failing to see the offence you committed then!

And the road tax database doesn't exist!

Tomek398 · 12-05-2017 8:40pm

Why I forgot? Strange question. Came back home after the test, put the cert on the shelf at home without detaching the disk and that is all. Didn't drive that car for next couple of days. I commute to work by bike.

Tomek398 · 12-05-2017 8:42pm

I did NOT have cert in the car at that time! Why do you suggest it?

nhunter100 · 12-05-2017 8:45pm

The offence is failure to display a valid NCT disc. Pay the fine accept the points and move on or take your chances on a court summons but I doubt the outcome will be any different than an increased fine and points.

Isambard · 12-05-2017 8:47pm

your mistake, you made it, you'll have to pay and grin and bear it. Appealing won't do any good, don't wait for a summons, you're likely to get a bigger penalty.

Tomek398 · 12-05-2017 8:50pm

You're failing to see the offence you committed then!

Absolutely not. I said clearly "my mistake". I HAD valid NCT cert at that time but it was NOT displayed in the car.

And the road tax database doesn't exist!

Garda can check if the road tax was paid

Seth Brundle · 12-05-2017 8:56pm

Tomek398 wrote: »

Absolutely not. I said clearly "my mistake". I HAD valid NCT cert at that time but it was NOT displayed in the car.

Garda can check if the road tax was paid

You're obviously innocent then. Go ahead and appeal it. Be sure to let us know how you get on!

nhunter100 · 12-05-2017 8:59pm

Just to add I reread you original post, if you have still not paid the the fine. Here are the rules you have 28 days to pay the fine on issue of the notice, failure to pay in that time frame increases the fine by 50% and you have a further 28 days to pay it. If at the end of the total 56 day period you have not paid the fine court proceedings will be initiated and a summons issued.

Edit, apologies wrong about the failure to display, non payment of the fine is still an offence. Maybe pay as soon as you can if 56 days has not lapsed.

Stoolbend · 12-05-2017 9:01pm

There's no points for failing to display nct disc.

RustyNut · 12-05-2017 9:03pm

I just had a look through the penalty point offences and using a car with out a valid nct cert is a points offence, you had a valid cert so are good there. it doesn't mention not displaying a disc as a points offence so only the fine it looks like.

GM228 · 12-05-2017 9:04pm

corglass wrote: »

The fine and points are for non display, irrespective of whether you have a valid test or not.

nhunter100 wrote: »

The offence is failure to display a valid NCT disc.

Unlike motor tax and insurance there is no offence for "failure to display" for a NCT cert, just failure to have a valid NCT in force when using a vehicle in a public place.

Failing to produce the NCT cert within 10 days iif requested is an offence, but not an FCPN offence.

Seth Brundle · 12-05-2017 9:08pm

On that basis, I'm curious to know what the fixed charge notice the OP received was for.

nhunter100 · 12-05-2017 9:11pm

GM228 wrote:

Unlike motor tax and insurance there is no offence for "failure to display" for a NCT cert, just failure to have a valid NCT in force when using a vehicle in a public place.

Yeah looks like my bad I always (Although a few legal firms have made the same mistake) understood failure to display the disc was an offence and attracted.
OP apologies.
Still not going to end well if he is outside the maximum notice period to pay the fine.

Tomek398 · 12-05-2017 9:12pm

Thanks for your comments. I'm glad to read that "There's no points for failing to display nct disc".

Failing to produce the NCT cert within 10 days iif requested is an offence, but not an FCPN offence

I produced the cert on the same day when I was stopped.

Still not going to end well if he is outside the maximum notice period to pay the fine.

Not yet.

snowflaker · 12-05-2017 9:12pm

Then go to the court get the charge struck out

GM228 · 12-05-2017 9:14pm

kbannon wrote: »

On that basis, I'm curious to know what the fixed charge notice the OP received was for.

Failure to have a valid NCT in force when using a vehicle in a public place.

If the OP can show they had a valid NCT in force at the time they were stopped then the FCPN should be canceled as display isn't part of the offence.

Seth Brundle · 12-05-2017 9:17pm

GM228 wrote: »

Failure to have a valid NCT in force when using a vehicle in a public place.

If the OP can show they had a valid NCT in force at the time they were stopped then the FCPN should be canceled as display isn't part of the offence.

...but the OK claimed that they did present to the Garda on the same day!

GM228 · 12-05-2017 9:26pm

kbannon wrote: »

...but the OK claimed that they did present to the Garda on the same day!

They would not be the first to show requested documents only to receive a subsequent FCPN or summons, unfortunately for whatever reasons this happens all too often.

OP apply for the FCPN to be cancelled and provide evidence of valid NCT in force at the time.

http://www.garda.ie/Controller.aspx?Page=13233

12-05-2017 9:31pm

The op was only looking to see if they have options. They admitted it was their mistake. I'd do the same.

But typical keyboard warriors on this jump on the aggressive straight away

You'd think that the op had murdered someone! Calm down

RustyNut · 12-05-2017 9:33pm

kbannon wrote: »

On that basis, I'm curious to know what the fixed charge notice the OP received was for.

My guess would be an error on behalf of AGS. Sit down the back of any district court in the country (comedy gold for the most part) and there will be a stream of people with summonses for no licence, insurance and failure to produce. Lots of these people claim to have produced their docs and still received a summons and are able to produce their docs in court and case stuck out.
Iv had this twice in my driving career, produced on time and summonsed.

I don't know what the fcpn is for but if it's for using a car without a valid cert and the op pays the fine then I presume they will get the points that go with it.

Not paying and waiting for the summons, turning up in court and showing the court the cert will get it struck out, no fine or points.

I wonder how often this happens, how much it costs the state to issue and serve summonses that should never have been issued in the first place not to mention the waist of people's time. Something else the public accounts committee could look at, but that's probably for another thread.

Tomek398 · 12-05-2017 9:35pm

OP apply for the FCPN to be cancelled and provide evidence of valid NCT in force at the time.

http://www.garda.ie/Controller.aspx?Page=13233

Many thanks for that link! Didn't know that.

But typical keyboard warriors on this jump on the aggressive straight away
You'd think that the op had murdered someone! Calm down

Well said. Thank you.

millington · 15-05-2017 9:58am

368100 wrote: »

The op was only looking to see if they have options. They admitted it was their mistake. I'd do the same.

But typical keyboard warriors on this jump on the aggressive straight away

You'd think that the op had murdered someone! Calm down

It's priceless. Take 3 penalty points for no reason

Contact the Gardaí and it will be sorted easily, once you had a valid NCT at the time there will be no issue and no judge in this country will prosecute you.

Tomek398 · 25-05-2017 10:05am

Thanks again for your comments. I've just got letter that my fix charge notice has been cancelled. No need to go to the court.

Kevin! · 25-05-2017 11:11am

Tomek398 wrote: »

Thanks again for your comments. I've just got letter that my fix charge notice has been cancelled. No need to go to the court.

Well done, where are the keyboard warriors now?

grogi · 25-05-2017 11:15am

Kevin! wrote: »

Well done, where are the keyboard warriors now?

In Small Claims Court obviously...

Bio Mech · 25-05-2017 1:24pm

corglass wrote: »

The fine and points are for non display, irrespective of whether you have a valid test or not.

I see no grounds for an appeal. Move on and take the points. Double check if it's 3, it may be less?

Tough lesson, ouch

Tough lesson indeed but not for the OP.

Know what you are talking about before posting on the internet. I would say that is the lesson.

Alan_007_ · 25-05-2017 5:51pm

Bio Mech wrote: »

Tough lesson indeed but not for the OP.

Know what you are talking about before posting on the internet. I would say that is the lesson.

I don't know what it is about this place, but it seems to be the standard for someone to attack and be condescending towards the OP, whether deserved or not, within the first few replies of any thread.

Doesn't even matter if OP is right or wrong it seems.

Btw, fair play OP!

25-05-2017 9:14pm

Alan_007_ wrote: »

I don't know what it is about this place, but it seems to be the standard for someone to attack and be condescending towards the OP, whether deserved or not, within the first few replies of any thread.

Doesn't even matter if OP is right or wrong it seems.

Btw, fair play OP!

+1

Some people just need to criticise no matter what, obviously it's issue on their behalf than anything else, and being safely behind a keyboard makes it easier to show their true personality, though I see people like this in real life ......not the type of people I'd want to mix with.

Also well done OP, just goes to show the difference between accepting things like this or challenging them when you know they're not right

Alan_007_ · 26-05-2017 10:02am

368100 wrote: »

+1

Some people just need to criticise no matter what, obviously it's issue on their behalf than anything else, and being safely behind a keyboard makes it easier to show their true personality, though I see people like this in real life ......not the type of people I'd want to mix with.

Oh chalk it down! Experienced this first hand myself a couple of times. Posted one question a couple of years ago about possible reasons my car was down on power. First reply: "I take it that the car doesn't get a regular service?".....ammmm, it does Ya?

Another time a few months ago I said that I found it difficult to get locking nuts taken off as any place I called to refused to do it, to which I was told: "Of course they did because they'd have to charge for their time and you'd only be giving out about how much of a rip off it is"........yaaaaa, no sh1t they have to charge for their time! The assumptions people come to on this forum to talk down to others are something else altogether!

These lads never seem to reply then after you counter their dcikheadness either.

grogi · 26-05-2017 10:09am

Alan_007_ wrote: »

Oh chalk it down! Experienced this first hand myself a couple of times. Posted one question a couple of years ago about possible reasons my car was down on power. First reply: "I take it that the car doesn't get a regular service?".....ammmm, it does Ya?

Another time a few months ago I said that I found it difficult to get locking nuts taken off as any place I called to refused to do it, to which I was told: "Of course they did because they'd have to charge for their time and you'd only be giving out about how much of a rip off it is"........yaaaaa, no sh1t they have to charge for their time! The assumptions people come to on this forum to talk down to others are something else altogether!

These lads never seem to reply then after you counter their dcikheadness either.

The keyboard warriors are very often rendered muted when you take the obvious answers out:

- I have a problem. I've already tried This, That and Those - did not help. What else could I try?
- /silence/
- /silence/
- Anyone ?!
- You can try That.
- I could Captain Obvious...

jimmycrackcorm · 26-05-2017 5:25pm

368100 wrote:

You'd think that the op had murdered someone! Calm down

Kevin! wrote:

Well done, where are the keyboard warriors now?

We still need proof that the OP hasn't murdered someone

jimmycrackcorm · 26-05-2017 5:26pm

368100 wrote:

You'd think that the op had murdered someone! Calm down

Kevin! wrote:

Well done, where are the keyboard warriors now?

We still need proof that the OP hasn't murdered someone

Riva10 · 26-05-2017 5:40pm

jimmycrackcorm wrote: »

We still need proof that the OP hasn't murdered someone

He does not have to prove his innocence. You have to prove he did it.

Synthol · 26-05-2017 6:20pm

Few things are more glorious than watching keyboard warriors get put in their place.

RustyNut · 26-05-2017 8:01pm

jimmycrackcorm wrote: »

We still need proof that the OP hasn't murdered someone

I don't know if any people were hurt but I'm sure a few high horses are limping around.

26-05-2017 9:23pm

RustyNut wrote: »

I don't know if any people were hurt but I'm sure a few high horses are limping around.

Ha ha, the thread is more about keyboard warriors getting put in their place than the original topic. It should be made a sticky as an example to discourage them in future

Alan_007_ · 26-05-2017 10:15pm

368100 wrote: »

Ha ha, the thread is more about keyboard warriors getting put in their place than the original topic. It should be made a sticky as an example to discourage them in future

Agreed!

Seriously, the attitude of a certain number of posters here is fairly toxic! It's a great place to learn about cars and motoring, if only the eejits could cop on!

_Kaiser_ · 27-05-2017 10:56am

Alan_007_ wrote: »

Agreed!

Seriously, the attitude of a certain number of posters here is fairly toxic! It's a great place to learn about cars and motoring, if only the eejits could cop on!

It's a problem this forum has had for years and something I've commented on in the past

It's not helped by multiple chat threads and advertised meets IMO which encourage little groups to form and you can see the backslapping carry from thread to thread.

The net effect is that the place is often very unwelcoming to new posters, or those who (like the OP) ask a genuine question and are just looking for some advice and get jumped on by the supposed "experts".

This is probably better suited to Feedback so feel free to move there if ye like Mods.

Not displaying a NCT cert - Fixed charged notices

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