NCT Summons but never asked to produce?

Dr Bolouswki

Hi there

got stopped for speeding in June (fair cop guv) and the Garda at the time mentioned he could impound the car for no NCT - but he just seemed to let it go then and told me I would get a fine for speeding. The NCT was out by 6 months, and I had the test failure certificate with me (jagged bodywork, full boot, door handle on rear passenger malfunctioning) but passed on all mechanical aspects. I was asked to produce my insurance only at my local station within 10 days and did so. I then paid the speeding fine when it arrived a couple of weeks later.

I then get a summons today for no NCT for the same date. I was never asked to produce the same at my local Garda, and if I had been, would obviously have not been able to do so as the testing process usually involves a longer wait then 10 days. But anyways, if I had been asked to do this, I would've taken whatever steps to comply (proof of test date or whatever).

The car subsequently blew a head gasket, is off the road, has been replaced and will be crushed soon.

So my questions.

1. Is the "never asked to produce" defence admissable/any mitigation?
2. What is the fine?
3. Anyone else had a similar experience and what was the outcome?

Thanks for any info.

bmw535d

Go into the garda station and explain your story,maybe with a picture of the said scrapped car or a scrap cert. If they don't want to know, go ahead to court, the judge will more than likely take your side. as long as you had nothing else wrong etc.

Anan1

If the NCT was out by six months then I can't see why you would be asked to produce a valid NCT?

Dr Bolouswki

Anan1 wrote: »

If the NCT was out by six months then I can't see why you would be asked to produce a valid NCT?

Yeah this is the bit I don't get - surely i would have just been asked to produce proof of a test date or something?

corktina

If its out of date 6 months , then you are guilty of the offense you have been summonsed for. I can't see you wriggling out of it.

Dr Bolouswki

Yes I am guilty as charged - but if that's the process - why not tell me I will be charged, let me pay the fine, and/or take the necessary steps to get into compliance - rather than not saying anything to me about it and then busting me for it 3 months later?

I don't mind getting busted for something I am guilty of - it's the springing it on me, double charging me (2nd charge is for "not producing certificate within 10 days") and making me go to Cork from Dublin to answer charges that I didn't even know were hanging over me is what aggravates me.

Tigger

its not procedure to tell you your getting a fixed penalty or summons
they sometimes do sometimes don't

you are guilty just because lots of people get away you are still guilty im afraid

go to the cop show him that its destroyed and that it was safe just some issues and say you had no other transport
i'll cross my fingers for you

CiniO

It seems to be pretty common thing in Ireland, that people are surpriced, by summons for something they didn't expect. That it was agreed with Garda that they will be ok.
Or for not paid penalties, which they never got.
I find it a bit radiculous. How come it be?
Why don't the goverment oblige garda to give a receipt to anyone stopped stating what is he penalised for. Why penalty letters are not sent with registered post.

In most other countries, when police will stop you, to accept a penalty you have to sign. Otherwise case goes to court, but police will also let you know by issuing you a receipt.

Tigger

CiniO wrote: »

It seems to be pretty common thing in Ireland, that people are surpriced, by summons for something they didn't expect. That it was agreed with Garda that they will be ok.
Or for not paid penalties, which they never got.
I find it a bit radiculous. How come it be?
Why don't the goverment oblige garda to give a receipt to anyone stopped stating what is he penalised for. Why penalty letters are not sent with registered post.

In most other countries, when police will stop you, to accept a penalty you have to sign. Otherwise case goes to court, but police will also let you know by issuing you a receipt.

yeah i agree

patrickc

I presume he just summonsed you as it's a mandatory court appearance for no NCT, and it's not because you didn't produce one.

http://www.rsa.ie/Documents/Licensed%20Drivers/new_penpoints_chart_apl09.pdf

corktina

Dr Bolouswki wrote: »

Yes I am guilty as charged - but if that's the process - why not tell me I will be charged, let me pay the fine, and/or take the necessary steps to get into compliance - rather than not saying anything to me about it and then busting me for it 3 months later?

I don't mind getting busted for something I am guilty of - it's the springing it on me, double charging me (2nd charge is for "not producing certificate within 10 days") and making me go to Cork from Dublin to answer charges that I didn't even know were hanging over me is what aggravates me.

how did you imagine you would not be charged? Its an offense and the NCT was 6 months out of date..... peopel really need to take the NCT seriously....

Rockery Woman

Sorry you were caught speeding, happened to me too!:mad:

As for the NCT issue, you need legal advice on this. Maybe ask your solicitor, get an appointment with one anyway and ask about this.

I reckon, as you scrapped the car, it may not be a big issue, but its best to ask a professional. Even the Gardai could advise you on your best course of action.

djimi

Why would the fact that the car has been subsequently scrapped have any bearing on this? The issue is still that the car was caught while being driven with the NCT 6 months out of date.

djimi

djimi wrote: »

The issue is still that the car was caught while being driven with the NCT 6 months out of date.

......... and with jagged bodywork. They'll probably fine you and throw 5 penalty points at you OP. How many days after failing the NCT were you stopped by the Garda, had you a retest booked ? How many days after being stopped by the Garda did the headgasket fail ? Had you by then booked a retest (and gotten the jagged bodywork sorted) ?

Anan1

Dr Bolouswki wrote: »

Yeah this is the bit I don't get - surely i would have just been asked to produce proof of a test date or something?

Or just charged with driving without a valid NCT? really don't understand your surprise - your NCT was out by six months.

Dr Bolouswki

I guess the surprise is based on the process really - if being busted for no NCT was what was happening along with the speeding bust, well grand, do it then and there as part of the same process. I guess ultiamtely i have no problem with getting busted for this - it's the whole communciation process around it that seems so strange. Anyways - it seems the fine is up to €250, and it's 5 penalty points. Thanks for all the replies. We shall see how the court case goes. It's a few months away but I shall update then.