car seized

mikemac

Are you resident here and when did you import it?
Your spelling isn't the best so I'm not sure.

I see you're new.
You'll get loads of advice but absolutly no sympathy

Edit:
WTF?
I'm not the OP so not sure why I am post No.1

kopparberg

i had my car taken from me by a garda on friday.it was a english registered b.m.w. he said that i had 24hrs to re register it and pay the vrt. since when do the garda seize car for the tax man

kopparberg

micmclo wrote:

Are you resident here and when did you import it?
Your spelling isn't the best so I'm not sure.

I see you're new.
You'll get loads of advice but absolutly no sympathy

Edit:
WTF?
I'm not the OP so not sure why I am post No.1

I'M RESIDENT HERE AND I KNOW THAT I SHOULD HAVE REGISTERED THE CAR( I IMPORTED IT) I Just want to know why the gardai are going around taking carsfrom people for not paying vrt is that not the job of the tax man it is a tax after all.. as for sympathy im not looking for any so its a good thing since im not going to get any!!!

kopparberg

I'M RESIDENT HERE AND I KNOW THAT I SHOULD HAVE REGISTERED THE CAR( I IMPORTED IT) I Just want to know why the gardai are going around taking carsfrom people for not paying vrt is that not the job of the tax man it is a tax after all.. as for sympathy im not looking for any so its a good thing since im not going to get any!!!

jhegarty

Yes they do... case closed...

mikemac

http://www.citizensinformation.ie/categories/moving-country/moving-to-ireland/practical-issues-when-travelling-to-ireland/importing_car_into_ireland

All the info you need is there

What does it matter anyway if the Garda seized the car. Would you have been happier if Customs did it instead?

Welcome to boards!
Cut out the Caps Lock and the poor spelling if you want anyone else to help you

BostonB

micmclo wrote:

....
Edit:
WTF?
I'm not the OP so not sure why I am post No.1

The OP deleted their first post I assume.

I would have thought that importing a car included registering it. What did you think would happen if you didn't register it?

delta_bravo

kopparberg wrote:

I'M RESIDENT HERE AND I KNOW THAT I SHOULD HAVE REGISTERED THE CAR( I IMPORTED IT) I Just want to know why the gardai are going around taking carsfrom people for not paying vrt is that not the job of the tax man it is a tax after all.. as for sympathy im not looking for any so its a good thing since im not going to get any!!!

Its their job to enforce the law of the state.

slickmcvic

I heard The guard that confiscates the car gets €400 per car....!!Dont know how true it is but apparently it came from a guard...A friend of a friend got his car confiscated on the spot like U but had to get his own way home in the pouring rain....This post would get a lot of attention in the motors forum btw!!

BostonB

If they did get a commission, and it sounds unlikely, would you have a problem with it?

Wishbone Ash

Finance Act 1992

139.—(1) It shall be an offence under this subsection for a person, in respect of a vehicle in the State—

( a ) to make a declaration under section 131 which is false or in any material respect misleading or to allow any other person to make such a declaration on his behalf,

( b ) to be in possession of a vehicle on which an identification mark referred to in section 131 (6) is not displayed or is not displayed in the prescribed manner,

( c ) to display an identification mark on the vehicle in contravention of section 131 (6),

( d ) to destroy, mutilate, deface, alter, amend or in any other way interfere with a certificate without authorisation from the Commissioners,

( e ) to fail to make a declaration under section 133 (2) (a), or to make it in the prescribed manner, when required to do so by the Commissioners, or

( f ) to contravene or fail to comply, whether by act or omission, with any other provision of this Chapter or of regulations under section 141.

(2) Without prejudice to any other penalty to which he may be liable, any person guilty of an offence under subsection (1) shall be liable on summary conviction to a penalty under the law relating to excise of £1,000.

(3) It shall be an offence under this subsection for a person, in respect of a vehicle in the State—

( a ) to be in possession of the vehicle if it is unregistered unless he is an authorised person or the vehicle is the subject of an exemption under section 135 for the time being in force and the vehicle is being used in accordance with any conditions, restrictions or limitations referred to in section 135,

( b ) if the vehicle is the subject of an exemption under section 134, to be in possession of the vehicle other than in accordance with any conditions, restrictions or limitations referred to in section 134,

( c ) to issue or to be in possession of a document which purports to be, but is not, a certificate,

( d ) to fail to pay any vehicle registration tax due by him,

( e ) if the vehicle is an unregistered vehicle or a converted vehicle, to fail to account for it in accordance with section 137, or

( f ) if the vehicle is an unregistered vehicle or a converted vehicle in relation to which particulars of the conversion have not been declared in accordance with section 131 or a converted vehicle in relation to which particulars of the conversion have been so declared but vehicle registration tax has not been paid on the declaration, to deliver the vehicle to a person other than an authorised person.

(4) Without prejudice to any other penalty to which he may be liable, any person guilty of an offence under subsection (3) shall be liable on summary conviction to a penalty under the law relating to excise of £1,000.

(5) A vehicle in respect of which an offence under subsection (3) was committed shall be liable to forfeiture.

---

It is not just a tax matter, it's also a traffic offence. If a vehicle is imported without being re-registered then it places the Gardaí any members of the public at a disadvantage as many of the consequences of traffic offences committed by the driver of such a vehicle cannot be pursued and the vehicle cannot be 'checked' in the normal manner.

It is also a major insult to those of us who are law abiding and pay our way in society.

slickmcvic wrote:

I heard The guard that confiscates the car gets €400 per car

Complete and utter rubbish! :rolleyes:

kopparberg

Wishbone Ash wrote:

Finance Act 1992

139.—(1) It shall be an offence under this subsection for a person, in respect of a vehicle in the State—

( a ) to make a declaration under section 131 which is false or in any material respect misleading or to allow any other person to make such a declaration on his behalf,

( b ) to be in possession of a vehicle on which an identification mark referred to in section 131 (6) is not displayed or is not displayed in the prescribed manner,

( c ) to display an identification mark on the vehicle in contravention of section 131 (6),

( d ) to destroy, mutilate, deface, alter, amend or in any other way interfere with a certificate without authorisation from the Commissioners,

( e ) to fail to make a declaration under section 133 (2) (a), or to make it in the prescribed manner, when required to do so by the Commissioners, or

( f ) to contravene or fail to comply, whether by act or omission, with any other provision of this Chapter or of regulations under section 141.

(2) Without prejudice to any other penalty to which he may be liable, any person guilty of an offence under subsection (1) shall be liable on summary conviction to a penalty under the law relating to excise of £1,000.

(3) It shall be an offence under this subsection for a person, in respect of a vehicle in the State—

( a ) to be in possession of the vehicle if it is unregistered unless he is an authorised person or the vehicle is the subject of an exemption under section 135 for the time being in force and the vehicle is being used in accordance with any conditions, restrictions or limitations referred to in section 135,

( b ) if the vehicle is the subject of an exemption under section 134, to be in possession of the vehicle other than in accordance with any conditions, restrictions or limitations referred to in section 134,

( c ) to issue or to be in possession of a document which purports to be, but is not, a certificate,

( d ) to fail to pay any vehicle registration tax due by him,

( e ) if the vehicle is an unregistered vehicle or a converted vehicle, to fail to account for it in accordance with section 137, or

( f ) if the vehicle is an unregistered vehicle or a converted vehicle in relation to which particulars of the conversion have not been declared in accordance with section 131 or a converted vehicle in relation to which particulars of the conversion have been so declared but vehicle registration tax has not been paid on the declaration, to deliver the vehicle to a person other than an authorised person.

(4) Without prejudice to any other penalty to which he may be liable, any person guilty of an offence under subsection (3) shall be liable on summary conviction to a penalty under the law relating to excise of £1,000.

(5) A vehicle in respect of which an offence under subsection (3) was committed shall be liable to forfeiture.

---

It is not just a tax matter, it's also a traffic offence. If a vehicle is imported without being re-registered then it places the Gardaí any members of the public at a disadvantage as many of the consequences of traffic offences committed by the driver of such a vehicle cannot be pursued and the vehicle cannot be 'checked' in the normal manner.

It is also a major insult to those of us who are law abiding and pay our way in society.

Complete and utter rubbish! :rolleyes:

if you insist on quoting law to us why dont you at least put in the correct section vehiches are seized under section 140 not 139....

looked up some of your other posts not the first time you got the law wrong

Wishbone Ash

kopparberg wrote:

if you insist on quoting law to us

I'm not insisting on anything. You were asking the questions.

Is this one of those threads where the OP only wishes to hear what suits him/her? :rolleyes:

kopparberg wrote:

why dont you at least put in the correct section vehiches are seized under section 140 not 139....

Here is section 140. Perhaps you could explain where it relates to forfeiture of a vehicle?

140.—(1) In any proceedings for an offence under this Chapter in respect of failure to pay any amount of vehicle registration tax, it shall be presumed until the contrary is shown that the vehicle registration tax in respect of the vehicle to which the charge relates has not been paid.

(2) A certificate or a document purporting to be signed by an officer of the Commissioners and to contain particulars extracted from the register or a document purporting to be signed by an officer of the Commissioners and to contain particulars extracted from any other records relating to vehicles shall, without proof of the signature of such officer, or that he was an officer of the Commissioners, be evidence, until the contrary is shown, of the particulars aforesaid stated in the certificate or document.

kopparberg wrote:

looked up some of your other posts

Glad to see that you have time on your hands!

kopparberg wrote:

not the first time you got the law wrong

Please enlighten me as to where I have made a mistake - I'll gladly rectify it. I never claimed to be perfect but at least I haven't had my car seized for non-payment of VRT!

vasch_ro

actually its quite common for An Garda Siochana to sieze vehicles under the Finance Act for this sort of thing.
The cars are detained on behalf of customs who do everything else, all the follow up etc, Gardai often have are designated with powers under various acts
it is a similar situation with The Littler Pollution act, every Garda is in effect a litter warden as well. So while customs would take the role, the Garda would have all the powers of a custom officer, because they are out and about all the time in reality they end up seizing a good few cars, its not uncommon to do joint check points with customs. I hope this clarifies things for you kopparberg. Lastly this type of offence has become more targetted lately due to the media attention given to the amount of foreign reg cars in this jurisdiction.

Wishbone Ash

Well kopparberg, is there any possibility that you can substantiate any of your allegations?