unpaid toll, now going to court

corglass

Ok, I'll begin with the story and then the request for advise.

OK basically a friend (lets call him John) has a car that has been off the road since 2007. He declared it off the road at the time with both the guards and the council. (has has proff to that effect).

Anyway, a major toll company (who shall remain nameless) advised him by letter that he had used the M50 about 12months ago. John rang them, expalained the situation and after a few letters and phone calls did eventually get the request for payment dropped (and even got a half-baked apology)

So far so good right?

Well anyway recently the toll company decided to send on another request for payment (with photo id). Now I want to make it clear that the car hasn't been on the road in 3 years! John informs the guardi of the letter and stated that his car has remained off the road since first declared. Anyway after trying to explain the situation on the phone, the company proceed to sending a letter threatning legal action. :mad:

John thinks, right game on, I'll see these guys in court. This is where the situation currently is. So I've a few questions:

1. Is it wise to take these guys to court? I.e. What do you think the chances of success are?
2. Who would pay legal costs if John won?
3. How expensive would a solicitor / barristor be?
4. Would free legal aid (those drop in places in city centres) be of any use to John?
5. Any advise (good or bad) on possible courses of action?

Thanks guys

ballsymchugh

a few threads over in legal issues would suggest that ignoring the letters would do no harm. if the facts are as you state, then why worry?

MagicSean

What do you mean he declared it off the road? You can't do that in advance. you can only declare it off the road when you are taxing it.

corglass

k_mac wrote: »

What do you mean he declared it off the road? You can't do that in advance. you can only declare it off the road when you are taxing it.

no, you can go into the council and state "my car 00-d-1 won't be on the road for awhile, I'll be back when i put it on the road. I won't be paying any more tax till then"

then the office go, "fine, noted"

Thats what he did.

corglass

ballsymchugh wrote: »

a few threads over in legal issues would suggest that ignoring the letters would do no harm. if the facts are as you state, then why worry?

my concern is they will bring it to court, and John will need to employ a solicitor. The solicitor might be crap and loose the case, and then he's hit with his (and the other parties) legal expense as well as payinng the fine.

Is this realistic?

gustafo

corglass wrote: »

my concern is they will bring it to court, and John will need to employ a solicitor. The solicitor might be crap and loose the case, and then he's hit with his (and the other parties) legal expense as well as payinng the fine.

Is this realistic?

i'm kind of lost here with this or maybe i'm a bit slow but how is he going to loose the case if as you say he has informed the gardai and the council that the car is off the road ?? Help please !!

Mary Hairy

gustafo wrote: »

i'm kind of lost here with this or maybe i'm a bit slow but how is he going to loose the case if as you say he has informed the gardai and the council that the car is off the road ?? Help please !!

Doesn't mean the judge will accept the story. There is always a risk, particularly in the District Court that something will go pear shaped. If it was me I would write and ask for a copy of the photographic evidence. Most of the people I know who have got fines for driving through the toll bridge when they werre off the road had the digit 8 in their registration number. Someone goes through with a 0 and a screp cap in the middle which the camera reads as an 8. The wrong car is billed. The trouble with defending these cases is that there will be a very small sum awarded as costs to the winning party. The photographic evidence should be sought in advance. That should show whether the vehicle was your friends or not.