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car impound charges

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    #32
    Marcusm
    Registered Users Posts: 10,186 ✭✭✭✭Marcusm


    mansoff wrote: »
    I'm not stupid I just don't lie. I'm not whinging I just stating the facts. The guard looked at my insurance disk and she seen that it was outdated. She had it in her hand. What would happen if (following your advice) I told the guard I had insurance that is the old disk and I forgot to change the new disk? Yea right!! What if they checked up and I got caught out. I imagine I would be in much bigger trouble.

    Anyways I have nothing to worry about now but thanks for your concern

    I think you’re wrong about having nothing to worry about. You have a mandatory court appearance for driving without insurance and when the insurer realised that you renewed the policy after you were stopped, had the car impounded and were facing prosecution, they will likely void the policy for non disclosure. If you had sense, now is the time to consult a legal professional.


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    #33
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    Marcusm wrote: »
    I think you’re wrong about having nothing to worry about. You have a mandatory court appearance for driving without insurance and when the insurer realised that you renewed the policy after you were stopped, had the car impounded and were facing prosecution, they will likely void the policy for non disclosure. If you had sense, now is the time to consult a legal professional.

    +1
    mansoff wrote: »
    I'm not stupid I just don't lie. I'm not whinging I just stating the facts. The guard looked at my insurance disk and she seen that it was outdated. She had it in her hand. What would happen if (following your advice) I told the guard I had insurance that is the old disk and I forgot to change the new disk? Yea right!! What if they checked up and I got caught out. I imagine I would be in much bigger trouble.

    Anyways I have nothing to worry about now but thanks for your concern

    Rather than argue the toss with someone over the rights and wrongs of an offence, some Gardaí will tell you what you want to hear in order to get rid so that they can get on with something else

    The fact remains that you were driving without insurance.

    Stick your head in the sand all you wish, but as many others have pointed out to you... you have a lot to be worried about.


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    #34
    Victor
    Registered Users Posts: 78,257 ✭✭✭✭Victor


    Claw Hammer wrote: »
    Had you said nothing and had the insurance backdated, you would have a beter chance of proving in court that you were insured at the relevant time but forgot to display the disk. You would probably had the case struck out with no fine and penalty points.
    Note that there are separate offences for:
    * Not having insurance.
    * Not displaying an insurance disk.


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    #35
    mansoff
    Registered Users Posts: 74 ✭✭mansoff


    I have nothing to worry about and FYI I told the insurance company before I got it renewed that the car was taken off me. So ye can all relax I'm fine


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    #36
    CeilingFly
    Closed Accounts Posts: 3,378 ✭✭✭CeilingFly


    mansoff wrote: »
    I have nothing to worry about and FYI I told the insurance company before I got it renewed that the car was taken off me. So ye can all relax I'm fine

    I agree, you have nothing to worry about.

    Gardai in most situations use common sense as do insurance companies.

    If a garda brought this to court, it would be thrown out especially as it can be shown insurance was continuous for 5 years.

    It was a genuine error, though you were at risk of being uninsured if there was an incident prior to 9am.

    But there is virtually no chance of further action.


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    #37
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    mansoff wrote: »
    I have nothing to worry about and FYI I told the insurance company before I got it renewed that the car was taken off me. So ye can all relax I'm fine

    Time will tell, let us know how you get on!:rolleyes:


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    #38
    mansoff
    Registered Users Posts: 74 ✭✭mansoff


    I spent about 15 minutes with the guard the last time I went to the guard station. The station was practically empty so the guard was not in any rush. She was very helpful and polite and very meticulous. She recorded all details on the computer and at the end said that's it now all should be sorted and smiled. Also when they took my car off me the other guard drove me to work so I must say my detailing with the guards was good.

    I think going back up to pointing out I was insured for that date was an important step.

    IMO I will not hear anymore but I will come back here and let you all know.


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    #39
    wrb
    Registered Users Posts: 11 ✭wrb


    10pennymixup wrote: »
    Rather than argue the toss with someone over the rights and wrongs of an offence, some Gardaí will tell you what you want to hear in order to get rid so that they can get on with something else
    [...]

    Are you suggesting, that Gardai are lying to the public? The horror... :eek::eek::eek:


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    #40
    mansoff
    Registered Users Posts: 74 ✭✭mansoff


    Just an update I never heard anymore so I think I am in the clear. I suppose some guards want to put a charge against you to boost their rankings and others are helpful - just my opinion. The best thing I done IMO was going back up that evening and pointing out that I was insured for that date to stop it going any further. Just hope this advice helps someone who gets into the same position as I was.


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    #41
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    mansoff wrote: »
    Just an update I never heard anymore so I think I am in the clear. I suppose some guards want to put a charge against you to boost their rankings and others are helpful - just my opinion. The best thing I done IMO was going back up that evening and pointing out that I was insured for that date to stop it going any further. Just hope this advice helps someone who gets into the same position as I was.

    The guards have 6 months to apply for a summons. Some have a policy of waiting till the last minute to apply for a summons. After that, it has to be issued and served. It is far too early to say that you are off scot free.


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    #42
    mansoff
    Registered Users Posts: 74 ✭✭mansoff


    Thanks for the info I'll I get a summons I will come back hear otherwise if I don't I never got one


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    #43
    wrb
    Registered Users Posts: 11 ✭wrb


    4ensic15 wrote: »
    The guards have 6 months to apply for a summons. Some have a policy of waiting till the last minute to apply for a summons. After that, it has to be issued and served. It is far too early to say that you are off scot free.

    It can also happen that summons is sent after 6 months. Late month or two, but backdated.


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    #44
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    wrb wrote: »
    It can also happen that summons is sent after 6 months. Late month or two, but backdated.

    The summons only has to be applied for before 6 months. It may not be issued until after. There might be a further delay in serving it. I have seen them arrive after 10 months.


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