Can parked car be towed away for having no tax

al101

Hello everyone,
My girlfriend has a car that has been parked in our cul de sac for a couple of months because its broken down and we dont have the money to repair it as weve lost our jobs and had a new baby.
Since then it has run out of tax and insurance also.
But today a nosey neighbour had a go,saying she was going to ring the garda and have it towed away because it has no tax and and insurance if we dont move it.
Its not as if its in anybodys way,none of the houses in our cul de sac have drive ways but everyone parks up to the pathway that runs along all our front doors.
The car is parked in one of 3 spare parking spots in the middle of the green.

Can this woman stick her nose in and actually have the car towed away?

Thanks in advance for your help,
Al

sesna

As far as I'm aware, motor tax is only required if you want to drive in a public place

Yawns

Nope once it's on a public road tax is required AFAIK

sesna

sesna wrote: »

As far as I'm aware, motor tax is only required if you want to drive in a public place

You can get fined for not displaying a valid disc while parked tho, happened to me in Kilkenny before

Yawns

AFAIK you are required to tax a motor vehicle once it's on a public road not just while driving it. If it is a private housing estate I don't think she can just call the guards but she can get onto managment company about it.

It can be annoying looking out and see a dumped car there tho but she's getting a bit too worked up. She should find something better to do.

sesna

Yawns wrote: »

AFAIK you are required to tax a motor vehicle once it's on a public road not just while driving it. If it is a private housing estate I don't think she can just call the guards but she can get onto managment company about it.

It can be annoying looking out and see a dumped car there tho but she's getting a bit too worked up. She should find something better to do.

I stand corrected re tax even if parked in public place. Looks like the nosey bltch neighbour has the upper hand after all ! Wonder would the guards bother doing anything about it though.

Turner

Yes it can be towed away if its on a public roadway or one the public have access to.

She cannot "tell" the gardai to tow it, its up to the gardai to decide if they want to issue a ticket or to tow it or not.

bazzachazza

This is a sticky one I would be nice to the aul nosey dear and explain nicely your circumstances and that you will have something done about it as soon as you can. Its best not to get angry with her as this will only make her more angry and carry through with her threats.

I believe if its on a public road it needs tax and insurance try and find a mate or relative who wouldnt mind having it parked up on their driveway or land for a while and source a cheap tow truck to move it for you. Cheaper than taxing and insuring it.

al101

thanks everyone,
there are no driveways in the houses in our little cul de sac though.
would that still make a residential cul de sac count as a public road?

galwaytt

if the car parking spot is not a public place - i.e., private, or, in the charge of a private company (management co, say..), it doesn't need tax.

Tax only required if on a public road - motoring or parked.

And you can't be ticketed for non-display if it's not a public place, either.

Yawns

There's some guards knocking about here on boards might help clarify it. If your cul de sac is owned by the council etc then it's a public road. Same as the parking spot is a public spot so you would need tax and nct valid and displayed.

However as someone mention your neighbour cannot demand that the guards remove the car. A guard can issue you a fine and/or penatly points if they wish but they won't because it is parked and not causign an obstruction.

If your car was causing an obstruction they would tell you to move it first or they will penalise you. Failure to move then they could tow it.

Also I think your car tax must be 2 months out before they can sieze the car? You can be fined for not displayed valid tax but they can't take it away until 2 months have lasped afaik. Providing that's all that's wrong with the car of course

Yawns

The reason I know is cos I tried to get the guards to move someones car. They had moved out of the estate 2.5 years ago and left their broken down car on the road pretty much on my doorstep.

Took him 2 years to move the car. Twas a big joke. I'm in a private estate so guard couldn't help too much. He wasn't bothered to help too much either as the car wasn't obstucting anyones way.

I told the guard there was a lot of teenagers watching it on the last weekend. The guard told the owner this info and the owner eventually moved it.

alexmcred

In fairness I can see her point you've effectively dumped the car there for a couple of months can you move the car so its not taking up one of the three spare car paring spots?

If she did have it towed away would she be doing you a favour as you can't afford to repair or tax it?

Yawns

She can't have it towed. if she wants she can pay a company to come and tow it away but then you can have her arrested for it. She can call the guards and complain but all that will happen is a guard will have a chat with you about it.

Tell him the situation. Out of job, new kid and broken car which your're saving to have repaired. It's not driving so you havn't taxed it. The guard should be grand with it and tell the neighbour it's ok.

Explain to her then and if she's still a stuck up **** tell her you will report her for harrassment see her sweat for a bit

Anyway you will have your hands full with your new bundle of joy. If she's a direct next door neighbour find out which room she sleeps in and give the baby the nearest room.

alexmcred

Karma is a bitch isn't Yawns?

Barr

Something similar happened a friend of mine, he gave his car to a mechanic to get fixed. As the part needed took nearly a month the mechanic parked it in a cul de sac close to his garage.

One of the neighbours reported the car and get got it towed away. There was no tax disc on the car.

It cost my buddy nearly €200 to get it back.

Yawns

To OP

Going on what Barr said if you leave a slip of paper on the dash with your house number on it, a guard will see this as they go to inspect it. Therefore before calling a tow truck etc he has a point of contact with yourself.

Most members of AGS are fine sound people and it would take 1 big prick to tow it straight away.

al101

thanks for the help everybody,

it wouldnt be doing us any favours if it was towed away, we need a car more than ever now.
And the car was usually parked there half of the time when it was driving as the next door neighbours have 3 cars outside (which we had no problem with)
Plus its not like its an eyesore,its a clean ford focus that doesnt look out of place among any other cars outside. shes just a nosey old cow with too much time on her hands i reckon.

And thanks Yawns,i just left a note over the tax disc and im going to drop into the local garda station tomorrow to have a chat with them.

Plus if she has anymore rants im going to have a bit of fun with the phonebook and have a some stuff delivered to her house. (all suggestions welcome) hehehe

Thanks again everybody Al

godtabh

does it have to be a public road? if you live in an estate that isnt taken in charge by the local council ie technically the road is private does that mater?

bazz26

godtabh wrote: »

does it have to be a public road? if you live in an estate that isnt taken in charge by the local council ie technically the road is private does that mater?

It is still deemed a public place with public access. Private property is different.

CarMuppet

If you have a second car or a friendly neighbour with a car then link the two with a two rope. A car Being towed does not need tax afaik.

Btw do you know what's wrong with your car? What happened to make it stop?

The very best of luck to you and your family!

Cheers
CarMuppet

bazz26

Isn't towing using a rope illegal?

doctorchick

If your car is untaxed and on a public road you could be liable for arrears when you do get it taxed. If you get hold of form RF100A and fill in section 7 which is the declaration of non-use and get it witnessed and countersigned by the gardai then you will not be liable for arrears. A consequence of this is that the Gardai will be aware of the non-taxation status and as long as you do not drive it then it is going to be very hard for them to justify towing it away.

CiniO

bazz26 wrote: »

Isn't towing using a rope illegal?

Are you serious? Since when?

Esel

doctorchick wrote: »

If your car is untaxed and on a public road you could be liable for arrears when you do get it taxed. If you get hold of form RF100A and fill in section 7 which is the declaration of non-use and get it witnessed and countersigned by the gardai then you will not be liable for arrears. A consequence of this is that the Gardai will be aware of the non-taxation status and as long as you do not drive it then it is going to be very hard for them to justify towing it away.

Apart from the fact that your post is totally illogical, what you are advising could see the OP being prosecuted for making a false declaration.

urtooky

Barr wrote: »

Something similar happened a friend of mine, he gave his car to a mechanic to get fixed. As the part needed took nearly a month the mechanic parked it in a cul de sac close to his garage.

One of the neighbours reported the car and get got it towed away. There was no tax disc on the car.

It cost my buddy nearly €200 to get it back.

This wouldn't happen to be a "Kia Sedona" would it?

If so, I heard the story last week and would seem to be a nosey neighbour here too.

doctorchick

esel wrote: »

Apart from the fact that your post is totally illogical, what you are advising could see the OP being prosecuted for making a false declaration.

How would they be making a false statement - they have said that the car has been broken down and therfore not useable on a public road (OK I admit, if the car is physically ON a public road although not being driven/capable of being driven it does create a grey area) and as such I was simply advising them of a way to avoid any possible arrears of taxation that could be due when they do eventually get the car taxed.

Thoie

esel wrote: »

Apart from the fact that your post is totally illogical, what you are advising could see the OP being prosecuted for making a false declaration.

doctorchick wrote: »

How would they be making a false statement - they have said that the car has been broken down and therfore not useable on a public road (OK I admit, if the car is physically ON a public road although not being driven/capable of being driven it does create a grey area) and as such I was simply advising them of a way to avoid any possible arrears of taxation that could be due when they do eventually get the car taxed.

Surely the easiest thing to do would be to go ask for the RF100A and while there tell the Garda where it's parked - he'd be able to advise if it was legally "off the road" or not then.

nogoodnamesleft

doctorchick wrote: »

How would they be making a false statement - they have said that the car has been broken down and therfore not useable on a public road (OK I admit, if the car is physically ON a public road although not being driven/capable of being driven it does create a grey area) and as such I was simply advising them of a way to avoid any possible arrears of taxation that could be due when they do eventually get the car taxed.

That still doesnt make sense. Your car must have valid road tax to be in a public place doesnt have to be driven.

I can imagine a diligent guard asking the simple question where is the car currently parked?

The only grey area is the OPs case is if the cul de sac is in a private estate.

dekbhoy

al101 wrote: »

thanks for the help everybody,

it wouldnt be doing us any favours if it was towed away, we need a car more than ever now.
And the car was usually parked there half of the time when it was driving as the next door neighbours have 3 cars outside (which we had no problem with)
Plus its not like its an eyesore,its a clean ford focus that doesnt look out of place among any other cars outside. shes just a nosey old cow with too much time on her hands i reckon.

And thanks Yawns,i just left a note over the tax disc and im going to drop into the local garda station tomorrow to have a chat with them.

Plus if she has anymore rants im going to have a bit of fun with the phonebook and have a some stuff delivered to her house. (all suggestions welcome) hehehe

Thanks again everybody Al

cant stand fcukers who cant keep their noses out of other peoples business , if the car gets towed away you could phone the local clampers(dublin anyway) and complain you cant get your pram past some cars parked with two wheels on the pathway, also your blind cousin bumped intp a few of them .... clampers wil have a field day, only thing is everyone gets clamped and not just the oul one who reported ya, either that or just poison her cat (getting a vet will cost her a few pound to even things up a little ) either way she will be pished off and wont know who to blame!!!!!

wyndham

OP- Is there a friend or family member with a spare bit of driveway you could leave the car with until you are able to tax & insure it? Might be less hassle.

furtzy

wyndham wrote: »

OP- Is there a friend or family member with a spare bit of driveway you could leave the car with until you are able to tax & insure it? Might be less hassle.

Would have to be trailered though as it has no insurance

Esel

doctorchick wrote: »

How would they be making a false statement - they have said that the car has been broken down and therfore not useable on a public road (OK I admit, if the car is physically ON a public road although not being driven/capable of being driven it does create a grey area) and as such I was simply advising them of a way to avoid any possible arrears of taxation that could be due when they do eventually get the car taxed.

There is no grey area, as other posters have said. When you don't know what you are talking about, it's best to refrain from giving advice.

doctorchick

esel wrote: »

There is no grey area, as other posters have said. When you don't know what you are talking about, it's best to refrain from giving advice.

Yeah, OK, going to hold my hands up on this one, I misunderstood the section on the RF100A form and what constitutes non-use of vehicle.

CiniO

furtzy wrote: »

Would have to be trailered though as it has no insurance

Ask someone who has own policy with option for driving other cars.
Maybe that person car move the car for you to some safe place (not public).

skiman

Your best course of action here is to explain your circumstances to the lady concerned. Another thing that will help your cause, is if you occasionally got out and clean the vehicle so its not becoming an eyesore. Try to see this from her point of view. Its best not to get into a confrontation with the lady, you never know, you could end up the best of neighbours if you talk about the issue. If you keep this amiciable she will most likely try to look at this from your point of view. You never mentioned the ladys age or anything, she might just be lonely. Go talk to her, it won't cost you anything.

corktina

skiman wrote: »

Your best course of action here is to explain your circumstances to the lady concerned. Another thing that will help your cause, is if you occasionally got out and clean the vehicle so its not becoming an eyesore. Try to see this from her point of view. Its best not to get into a confrontation with the lady, you never know, you could end up the best of neighbours if you talk about the issue. If you keep this amiciable she will most likely try to look at this from your point of view. You never mentioned the ladys age or anything, she might just be lonely. Go talk to her, it won't cost you anything.

thats excellent win-win advice (hopefully)

dirtydiesel

Op what exactly is wrong with the car?
If your not sure whats wrong maybe a fellow boardsie nearby might call and have a look (I would if I was near you).
Do you think either of you has a good chance of securing work soon? would ye be able to afford to run the car if ye did?
If ye can then thats great, if not then maybe its time to sell the car, im sure the money would come in handy for now.
Besides the nosey neighibour and the constant worry of receiving a fine for no tax displayed, its not doing the car any good sitting idle for a long period either.
Many people here have said explain your situation to the nosey woman and see if ye can resolve it, which is great advise, but unless you get the car moved, fixed or sell it , your still going to have problems futher down the line.
I have a newborn as well, plenty of sleepless nights...I hope ye get this sorted and wish ye all the best.

bigjohnny80

OP suggesting you'll get stuff delivered to her is childish.

@poster who suggested poisoning her cat - grow up

-Chris-

dekbhoy wrote: »

...either that or just poison her cat...

Please leave out suggestions like this.

furtzy

CiniO wrote: »

Ask someone who has own policy with option for driving other cars.
Maybe that person car move the car for you to some safe place (not public).

The driving other cars option usually only applies if the other car has a current insurance policy

Yawns

Also helps if the car is running which the OP has said it's not.

It's a no brainer really. While it technically shouldn't be on the road, the guards have far better things to be dealing with than an out of tax car that is not being driven on a public road, is parked correctly & not causing an obstruction. The OP should inform the guards to perhaps save them hassle of being called out by a moany neighbour. They will be able to tell the lady over the phone that they are aware of the situation.

Lex Luthor

just wanted to resurrect this thread with a query

My mother in law in her estate where there is a culd de sac square without about 10 houses in it, has a neighbour who has 3 cars parked in various places in the square, no tax or insurance or NCT on them. They never move and take up spaces that others could use when visiting at weekends.
My brother in law has already called the garda asking about them and they said they probably wouldnt be able to do anything.

Any suggestions as to what is legally possible here to have them moved..the owner also has 2 other cars in his drive. He seems to just collect buckets of crap and dump them in the square for whatever reason I dont know.

RandomAccess

There is a solution to your problem but it involves stumping up some cash which you should be able to recover later. But you may think this is a bit daft!

Get a mate with a hitch on their car, buy a cheap ass car transporter, winch the car onto the transporter, park the transporter in the original parking space. Remove the hitch and some wheels so the whole lot doesn't get nicked. Questions?

http://www.donedeal.ie/for-sale/trailers/3777581

I said it would be a bit daft.. but it would work :cool:

Hal1

Are they causing an obstruction? why is it only a problem now?

pontia

i thought if a car isint taxed or insured its considered abandoned and call to council will get it removed

Hal1

pontia wrote: »

i thought if a car isint taxed or insured its considered abandoned and call to council will get it removed

They will only do that if it has no reg plates as far as I know.

goz83

furtzy wrote: »

The driving other cars option usually only applies if the other car has a current insurance policy

incorrect

Just Jack

furtzy wrote: »

The driving other cars option usually only applies if the other car has a current insurance policy

goz83 wrote: »

incorrect

I don't think so.

Yawns

Just Jack wrote: »

I don't think so.

Actually it is down to the individual's policy. Some companies will state explicitly that the other car must have an insurance policy taken out for the main driver. Other companies have no such requirement and once the current driver has driving of other cars extension on his policy then he can drive other cars generally once he doesn't own them himself etc.

That part was over 2 years old and perhaps a mod can split the thread with the new question. As for the new question:

just wanted to resurrect this thread with a query

My mother in law in her estate where there is a culd de sac square without about 10 houses in it, has a neighbour who has 3 cars parked in various places in the square, no tax or insurance or NCT on them. They never move and take up spaces that others could use when visiting at weekends.
My brother in law has already called the garda asking about them and they said they probably wouldnt be able to do anything.

Any suggestions as to what is legally possible here to have them moved..the owner also has 2 other cars in his drive. He seems to just collect buckets of crap and dump them in the square for whatever reason I don't know.

Some people are like that. Not much that can be done unless the guards want to fine him for non display of tax/insurance. We don't have a system where by we can declare cars off the road in advance. If the cars are abandoned the council is the one to call. Generally they won't cars unless the reg plates are missing. For good reason too. You'd be a tad annoyed if you noticed your car missing one day, reported it stolen only to find out a neighbour called council and they towed it.

If someone from the council comes out, the car owner just has to say not abandoned, they are his etc. Council will say ok and walk away. The worst thing that can happen to the guy is a guard issuing him a fine for non display of tax if they are on a public road. They will do nothing about the ones in his garden as it's private property.

Tbh the guards told your brother in law there was nothing much they could do and they were just being honest. They won't go through a mountain of paperwork for someone who has a few cars parked up. They do have bigger things to worry about that a parked car that is using a spot that a visitor might need. Neither you or your neighbour owns the spots.

For example if we wanted, 10 boardsies could drive up today, park our cars there and leave them for as long as we like. The guards or council won't and can't do anything unless they are obstructing a gate or blocking a car from being driven out. The best thing in your in-laws case, would be just to talk to the neighbour about it.

bobin fudge

in the UK nowadays, if your car is not taxed but on private property you can still be fined for not being taxed, even if not driven. I heard they might be doing similar over here as well