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Garda seized friends car

  • 17-05-2010 6:03pm
    #1
    Registered Users, Registered Users 2 Posts: 129 ✭✭


    Garda seized friend’s car today because garda did not like drivers insurance. The driver was on other drivers open-drive insurance (That means that everybody between age.... that and ....that (and other requirements) are insured by this policy) . Garda insisted that driver has to have his own insurance and took the car. Later when the insurance company was contacted and they explained, garda found another thing why do not return car. No valid NCT. Car failed NCT for minor things, then car was fixed and NCT rebooked. But due to NCT waiting times it still is not done. How I will do NCT if I do not have a car? At the end garda said that car was stopped because had a bold tyres (that was not seen by NCT testers??). After all had to pay fine €120 and call out recovery (because you cannot drive without NCT) to bring car home. Absolute dishonesty :(. In the same way, garda can stand beside NCT test centres and seize all cars without NCT. Had somebody same situation?


«1

Comments

  • Registered Users, Registered Users 2 Posts: 1,608 ✭✭✭Victor_M


    Coala wrote: »
    Garda seized friend’s car today because garda did not like drivers insurance. The driver was on other drivers open-drive insurance (That means that everybody between age.... that and ....that (and other requirements) are insured by this policy) . Garda insisted that driver has to have his own insurance and took the car. Later when the insurance company was contacted and they explained, garda found another thing why do not return car. No valid NCT. Car failed NCT for minor things, then car was fixed and NCT rebooked. But due to NCT waiting times it still is not done. How I will do NCT if I do not have a car? At the end garda said that car was stopped because had a bold tyres (that was not seen by NCT testers??). After all had to pay fine €120 and call out recovery (because you cannot drive without NCT) to bring car home. Absolute dishonesty :(. In the same way, garda can stand beside NCT test centres and seize all cars without NCT. Had somebody same situation?

    A Friends car or your car? Gardai will not do anything to you if you have a booking for an NCT.
    Unfortunately, if you, I mean your friend, drives with unusual insurance, no NCT and bald tyres, this is the likely outcome of an encounter with the Gardai.


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    acctually garda was women :cool:


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    I am myself in similar situation, waiting for NCT appointment in the end of June. It means 2 months late for NCT. Now I am afraid to drive in case thay do not take my car :eek:


  • Registered Users, Registered Users 2 Posts: 3,570 ✭✭✭rebel.ranter


    Unfortunately for your friend the Garda is entitled to impound a car without NCT. They normally would not do so unless there were other mitigating circumstances.
    Something else must have peed off the Beana.


  • Registered Users, Registered Users 2 Posts: 26,160 ✭✭✭✭Berty


    Speak to the Duty Sergeant or the Superintendant.


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  • Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    is the car by any chance a civic, nova, skyline, boxy starlet, integra, celica, 180, colt , lancer, or visibly modified in any way , if so the gards love finding these, if its a boxy starlet it deserved to be impounded.....in a car crusher


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    Probably garda do not like BMW for the bad driving reputation.


  • Registered Users, Registered Users 2 Posts: 19,106 ✭✭✭✭TestTransmission


    I don't think you're telling the full story somehow


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    no just tinted windows


  • Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    Coala wrote: »
    no just tinted windows

    and the car wasnt going 'sideways' or involved in any dangerous / anti social behaviour around the area ? was your mate abusive or rude to the gard when pulled over ?


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  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    No thats the full story except that car was sold 2 weeks ago and did not have log book yet (what they asked too)


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


    BMW, tinted windows, no NCT, appearing to have no insurance. I'm guessing you are foreign too?


  • Registered Users, Registered Users 2 Posts: 192 ✭✭doctorchick


    According to Galway NCT centre, if your NCT has expired BUT you have a fixed appointment for your NCT then you are covered. Last time this happened to me I just kept the appointment details to hand in case I was stopped. Last year my NCT was out at end of June so I tried to book NCT during early part of June - first appointment available was October !!!

    Of course the Gardai may take a different standpoint.


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    no that guy did not do anything to make them angry and was driving properly. It was in Lucan checkpoint today.


  • Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    if thats the truth , the car had no nct no logbook and bald tyres , your mate got a gard on a bad day who decided to impound, if the tyres were actually bald id say he was right to , nct and logbook he should have left alone though also for driving other vehicles to work the other vehicle has to be insured and owned by somebody else , your mate just has to have permission to drive it, I have a feeling he owns it and did not do this


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    JHMEG wrote: »
    BMW, tinted windows, no NCT, appearing to have no insurance. I'm guessing you are foreign too?


    guess you can see im not irish from my writing :p


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    tyres was still ok ,NCT did not mark it.


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    In 1 word garda just did not understand insurance policy. And after all that she just could not go back and say its her fault and thats why she started to look for something else.


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Coala wrote: »
    The driver was on other drivers open-drive insurance (That means that everybody between age.... that and ....that (and other requirements) are insured by this policy)

    Are you sure about this? Which company is he insured with as I've only ever encountered this on commercial insurance.


  • Registered Users, Registered Users 2 Posts: 3,570 ✭✭✭rebel.ranter


    Of course the Gardai may take a different standpoint.

    The Galway NCT centre is incorrect, if you have no NCT then the car should technically not be on the road. However most reasonable Gardai would take a sensible stance in cases where a booking is made, but they are icomplying eith the law if they prosecute you for no NCT.. Also a judge would most likely throw the case if the car subsequently passed its test.


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  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    He has AXA


  • Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    ok so was it the friend who owned the car had it siezed ? or was it another person driving the car ? if it was the friend who owned the car had it siezed he would have needed his own insurance policy for that car , if it was another persons car that person would have to have insurance on the car for your friend to drive it legally


  • Registered Users, Registered Users 2 Posts: 523 ✭✭✭Lauder


    Does the car itself (or its main driver) has a current insurance policy?

    For an driver with "open" insurance to drive a vehicle not under his ownership, it still must be insured with the owner (or main driver). Having open insurance does not mean you can go drive any car without valid insurance itself.


  • Registered Users, Registered Users 2 Posts: 192 ✭✭doctorchick


    The Galway NCT centre is incorrect, if you have no NCT then the car should technically not be on the road. However most reasonable Gardai would take a sensible stance in cases where a booking is made, but they are icomplying eith the law if they prosecute you for no NCT.. Also a judge would most likely throw the case if the car subsequently passed its test.

    Guessed that was probably the case to be perfectly honest


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    Friend was driving other persons car. That other person has open-drive insurance. So everything was legal. Only that that car was sold 2 weeks ago and friend in gardas eys looks like an owner until gets new logbook. When insurance question was sorted out,they found out other thing what is wrong.Friends mistake was that he showed insurance policy.Better he would say that he does not speak english and do not have policy with him.Then he would be asked to bring in in 10 days.


  • Registered Users, Registered Users 2 Posts: 85,046 ✭✭✭✭Atlantic Dawn
    GDY151


    Was the open insurance for the car which was seized or for another car? Looks to me like the open insurance was for another car and not seized car in which case Garda was right top seize it as driver was uninsured.


  • Closed Accounts Posts: 332 ✭✭freighter


    Was the open insurance for the car which was seized or for another car? Looks to me like the open insurance was for another car and not seized car in which case Garda was right top seize it as driver was uninsured and had no nct. Glad to see ags getting these motors of the road and enforcing the law..


  • Closed Accounts Posts: 12,456 ✭✭✭✭Mr Benevolent


    Did the car have an insurance policy attached to it - i.e, did you buy insurance for the car? If not then open driver won't cover it.


  • Registered Users, Registered Users 2 Posts: 1,984 ✭✭✭kravmaga


    freighter wrote: »
    Was the open insurance for the car which was seized or for another car? Looks to me like the open insurance was for another car and not seized car in which case Garda was right top seize it as driver was uninsured and had no nct. Glad to see ags getting these motors of the road and enforcing the law..

    yeah sound like one less skangermobile on the road, more than likely LT Lithuanian;) registered.


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  • Closed Accounts Posts: 4,445 ✭✭✭Absurdum


    yeah sound like one less skangermobile on the road, more than likely LT Lithuanian;) registered.



    fairly sure they wouldn't be needing an NCT :rolleyes:


  • Closed Accounts Posts: 35 NC27


    Coala wrote: »
    Garda seized friend’s car today because garda did not like drivers insurance. The driver was on other drivers open-drive insurance (That means that everybody between age.... that and ....that (and other requirements) are insured by this policy) . Garda insisted that driver has to have his own insurance and took the car. Later when the insurance company was contacted and they explained, garda found another thing why do not return car. No valid NCT. Car failed NCT for minor things, then car was fixed and NCT rebooked. But due to NCT waiting times it still is not done. How I will do NCT if I do not have a car? At the end garda said that car was stopped because had a bold tyres (that was not seen by NCT testers??). After all had to pay fine €120 and call out recovery (because you cannot drive without NCT) to bring car home. Absolute dishonesty :(. In the same way, garda can stand beside NCT test centres and seize all cars without NCT. Had somebody same situation?
    Coala wrote: »
    In 1 word garda just did not understand insurance policy. And after all that she just could not go back and say its her fault and thats why she started to look for something else.

    Am I the only one who can see these parts of the OP's posts. Why do you's keep asking about the insurance?


  • Registered Users, Registered Users 2 Posts: 2,262 ✭✭✭Vertakill


    OP, the question has been asked once or twice here... try answer it so we can understand.

    Your friend has insurance with AXA and he is over 25 and was using the open-drive perk - no problem here.

    Does the BMW have valid insurance and who owns it?

    If the BMW isn't insured by someone, nobody can drive it regardless of open-drive.


    Also, if the Garda says the tyres were bald (even if they ARE just trying to cover their mistake) and your tyres are actually bald... then there's nothing you can do.

    If you have the documentation to prove that you've recently failed the NCT and are due to go back, then all of this would have been avoided.


  • Registered Users, Registered Users 2 Posts: 2,262 ✭✭✭Vertakill


    NC27 wrote: »
    Am I the only one who can see these parts of the OP's posts. Why do you's keep asking about the insurance?

    Because the OP's posts are like reading double dutch (no offense :)).


  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    NC27 wrote: »
    Am I the only one who can see these parts of the OP's posts. Why do you's keep asking about the insurance?

    Because it's damn near impossible to get a clear understandable response from the OP telling the whole story
    Coala wrote:
    Friend was driving other persons car. That other person has open-drive insurance. So everything was legal. Only that that car was sold 2 weeks ago and friend in gardas eys looks like an owner until gets new logbook.

    From piecing together everything from all the OP's posts, what I can gather is...

    His friend used to own this car (apparently a BMW), sold it to another friend 2 weeks ago. The ammended log book has not yet arrived, yet the new owner has an Open Drive policy on the car. This other friend is insured with AXA, which allows open-drive policies for over-21's (iirc). The car also failed the NCT, but was re-booked. Also, the car has illegally tinted windows, and bald tyres and we don't know how long the NCT was out by. Whatever way I read this, the car really wasn't roadworthy anyway, so the Garda was probably right to impound the car.

    As for everyone getting mixed up with insurance terms...

    Open drive is an option (for generally over 25's, but as far as I know, AXA allow over 21's) that allows ANY driver which fulfills the other terms the insurance policy outlines(presumably has own insurance, full license, etc etc) to drive the car in question under the owners policy. This means it can be driven by another driver, as fully comprehensively insured.

    3rd party extension which is on most policies, allows the HOLDER OF THAT POLICY to drive any car, with the owners permission, provided that the car and driver fulfills the terms outlined in the policy. As with the name, only 3rd party cover applies. Generally, the car being driven on a 3rd party extension needs to be insured by the owner, however, with Quinn this is not the case.

    If you hold a policy with quinn that allows 3rd party extension driving, the car you are driving does NOT need to be insured. The terms of the policy are outlined on Quinn's website.
    Vertakill wrote:
    If the BMW isn't insured by someone, nobody can drive it regardless of open-drive.
    Wrong. See above.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    From what I gather.

    Mr. Brown bought a car 2 weeks ago. No logbook or NCT but has NCT booked. Has the car insured, also has open drive on his policy.

    Mr. Pink has his own car with insurance. Mr Pink was driving Mr. Brown's car when he came to a checkpoint in Lucan.

    Due to no logbook it looked like Mr Brown was pulling a fast one the the guard who siezed it. The insurance company settled that issue but the guard wasn't happy with the no nct. However guard thought the tyre was bald so on those 2 basis the guard made Mr Brown pay the fine and have the car taken home on a truck.

    Mr Pink (op) then came on to tell us all about it.



    The above seem right to anyone else?


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  • Registered Users, Registered Users 2 Posts: 22,929 ✭✭✭✭ShadowHearth


    what kind of car is it? I can bet it was something sporty looking... :rolleyes:

    So maybe she did not got what she whanted last night, so she got all emo on you lad.


  • Closed Accounts Posts: 35 NC27


    Because it's damn near impossible to get a clear understandable response from the OP telling the whole story


    From the bits of the posts I highlighted (and in the first post aloan) it is clear the insurance is not in question because the guard did not take it furter. So why keep asking about the insurance?

    But I do agree we do not have the full story. Like how long is the NCT out? Are the tyres bald? - as in was the tread dept checked or did the guard just look and say they are bald? Also you say illegal tints. have these also been measured or do you just think they are illegal? As I said we do not have the full story on these issue's so I can understand questioning these.


  • Registered Users, Registered Users 2 Posts: 331 ✭✭Spook80


    i could be wrong but i think the OPs "friend" is assuming that because the owner of the car has an open insurance policy that means he can drive the car when he himself doesnt have insurance on anything, in which case the garda was right in seizing vehicle.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    You are wrong. If you read the post the insurance issue was cleared up.

    People, forget about the insurance. Unless the OP divulges more info about the other reasons for the guard to keep the car, this topic is dead in the water.


  • Registered Users, Registered Users 2 Posts: 331 ✭✭Spook80


    Yawns wrote: »
    You are wrong. If you read the post the insurance issue was cleared up.

    People, forget about the insurance. Unless the OP divulges more info about the other reasons for the guard to keep the car, this topic is dead in the water.

    I have read the post several times to get a better understanding and still do not believe that the insurance issue is cleared up as you might do.
    I said i might be wrong but believe im right, but we will all form our own opinions based on what we read and what we know.


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  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Something along the lines of the insurance company confirming with the guard that the driver was fully insured to drive the said vehicle in question.


    that about sum it up for you?



    Indeed we all believe we're not getting the full story here but judging on what the OP has told us thus far...


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Coala wrote: »
    G Later when the insurance company was contacted and they explained, garda found another thing why do not return car.


    Quoted from the OP where I got the opinion the insurance issue was cleared. The guards wouldn't release car without fine due to other issues


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    I'm off to my bed now before we all call shananagins on the OP.

    Will check thread tomorrow to see if we get a better story from OP


  • Registered Users, Registered Users 2 Posts: 331 ✭✭Spook80


    Yawns wrote: »
    Something along the lines of the insurance company confirming with the guard that the driver was fully insured to drive the said vehicle in question.


    that about sum it up for you?



    Indeed we all believe we're not getting the full story here but judging on what the OP has told us thus far...

    Exactly. Although im not just judging the OPs first post but all he has said so far, including when he said the owner of car has open insurance and therefore everything was legal. Its not. i don't believe the op heard the conversation between the insurance company and the gardai.

    But you are right we are both just speculating.


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    DaveM80 wrote: »
    But you are right we are both just speculating.

    Indeed we are. Dead topic untill new info supplied. If we go at the OP's word then the insurance wasn't an issue. Maybe the driver brought his insurance cert from home when he went to the station and the guard rang the insurance company. Maybe the guard rang the insurance company on his mobile in front of the driver and was talkign loud enough for the op to hear, ok so he is insured so, grand thx, *hangs up

    I could hear axa confirming my bro was insured to a guard when he bought a car that day and was on his way home. He had insurance for a few hours to get it home. Guard rang as he didn't believe him, it was a sporty car, could hear them confirming. Not uncommon.

    As we both agreed it's all idle speculation


  • Registered Users, Registered Users 2 Posts: 3,613 ✭✭✭Lord Nikon


    JHMEG wrote: »
    BMW, tinted windows, no NCT, appearing to have no insurance. I'm guessing you are foreign too?

    That's low for you JHMEG :)


  • Registered Users, Registered Users 2 Posts: 24,545 ✭✭✭✭Cookie_Monster


    That's low for you JHMEG :)

    well the heavily broken English kind of gives it away...


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


    Coala wrote: »
    tyres was still ok ,NCT did not mark it.

    It's not unheard of for people to swap their tyres for a friends to pass the nct. Apparently it happens frequently enough. In regards to the NCT there is a difference between driving a car with no NCT and one that has failed. If it has failed it is not fit to be on the road and you should only drive it home from the center or to a garage for repairs. Also if the car had been bought two weeks previous and had no log book it probably wasn't taxed and I doubt it had been NCT'd by the new owner in that narrow time frame.


  • Posts: 23,339 ✭✭✭✭ [Deleted User]


    is the car by any chance a civic, nova, skyline, boxy starlet, integra, celica, 180, colt , lancer, or visibly modified in any way , if so the gards love finding these, if its a boxy starlet it deserved to be impounded.....in a car crusher

    Yawn, I drove a black Celica, that was lowered, tinted rear screen and rear windows with a cat back exhaust system for 9 months and never had an issue with Gardai, also drove a Prelude for a few months and never had an issue either. The Gardai are not narrow minded mongoes.

    Ever drive any of the cars you listed yourself or are you just summising ?


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Coala


    I can see that some people in this forum are just happy that person is got off the road even after I said that insurance, road tax and re-booked NCT is full order. From my oppinion that guy ows appolagies from garda,cover expenses and so on. Driver should not be respossible for not understanding his insurance policy or such a waiting times for NCT especially when you have to re-test your car for just 1 bulb for example.


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