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court summons

  • 26-04-2011 11:59pm
    #1
    Registered Users, Registered Users 2 Posts: 4


    Hi all,
    Sorry for this long rank but got a registered letter , which nobody had signed for, In it were 8 court summons scheduled for the 16 of June. this offenses were carried out on the 13 February and they are has follows:
    1. No front identification mark ( no number plate on the front)
    2. Failing to display "L" plates
    3. No silencer fitted to M.P.V ( Loud exhaust but wasn't check using decibel
    meter)
    4. Use of vehicle without N.C.T cert ( I haven't the cert but I the disk)
    5. No Identification mark lighting ( No number plate lights)
    6. Valid N.C.T disk no displayed ( As said i did have a valid one on display)
    7. No rear left lamp ( Bulb was just after blowing and didn't know)
    8. Unaccompanied learner driver

    Now I admit some of these offenses are no ones fault but mine but the number plate story is my old one fell off as i was washing it and I got it put back on and it was pulled back off by someone. I was warned a few times but had no money to buy another for a period of time, but at the time i was summoned i had it in the windscreen. I was not aware that my left light wasn't working and either was the number plate lights. Also I have a valid N.C.T disk and it was displayed correctly.The guard which sent me these summons also attended quite a serious accident of mine back in July which at the time i didn't have a full driver or "L" plates but nothing was said back then so I think he has it out for me because he never leaves me alone. My question is what do yous think will happen to me over this in court. Will i loose my license? Baring in mind i have the full license now 2 weeks. Any advice appreciated.
    Thanks in advance


Comments

  • Registered Users, Registered Users 2 Posts: 6,163 ✭✭✭ZENER


    How could you have an NTC disc but no cert ? They come together ? Were you asked to produce these at the Garda Station within 10 days ? Did you ?

    I'm sorry but I've no sympathy for you ! The car doesn't sound road worthy and you were remiss in your responsibilities as a road user ! A lesson hard learnt imo !

    I have a car that's 21 years old with full valid NCT, regularly maintained and checked - lights, tyre pressure, tyre wear etc and I'm not a mechanic by the way. I feel it's my responsibility as a road user to ensure my car is roadworthy ! You obviously don't !

    Ken


  • Registered Users, Registered Users 2 Posts: 4 123.


    I bought the car and it had the NCT disk in the window but i was never given the cert by the previous owner. I wasnt asked to produce anything in the station also The guard never even asked me to show him the cert, nothing about the cert or test came into it and Ken Im not asking for sympathy Im asking for advice


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Where was the car on the date of the offences OP ?


  • Registered Users, Registered Users 2 Posts: 4 123.


    I was sitting in a car park chatting to a fella in a car next to me and the guards pulled up and looked around the car for about a half hour and that was back on the 13 feb but I was issued the summons last Wednesday but registered post but no body signed gfor them and they were just left in the post box


  • Registered Users, Registered Users 2 Posts: 6,163 ✭✭✭ZENER


    Fair point. Get the car NCT'd again. After you fix the problems highlighted in the summons. What date is on the cert you have displayed ?

    Most of the things mentioned are user doable, Bulbs - number plates - exhaust silencer. Did you have a full license at the time you were stopped by the Gardaí ? Are you sure they didn't ask you to produce ? Odd if they didn't unless you had all your documentation with you which you didn't - NCT Cert ?

    What were the circumstances that lead you to be pulled over ? A checkpoint, unmarked car ? In fairness you should be aware that a front number plate is required and you were aware it wasn't in place ?

    My advice is to get everything sorted, get an NCT cert and plead insanity in court ;) . . . if it's a first offense they might go easy if you show a willingness to comply with the regs. The license thing though I'm not sure about, do you have a full license ?

    Ken


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  • Registered Users, Registered Users 2 Posts: 4 123.


    Im no longer driving the car so cant do anything with it. Its NCTd until august and I have reapplied for a new NCT cert from the tax office to show in court, I was asked for my insurance details and license which I had in the car and wasnt asked for any more documents
    As aslready posted I was sitting in a car park chatting prior to the guards stopping. Dont know where the guard was going eitheir saying theres no silencer when theres only the back box which is different and he never checked the noise using a decibel meter but it was his own decision that the exhaust was to loud. How can he bring this up in court with no evidence ? As far as im aware having the number plate on the dash which is visible by the windscreen is legal, theres no law saying the number plate has to be screwed to the bumper. Also I didnt have a full license at the time but I have one now


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    There is a law which says the number plate must be attched to the vehicle so in the window wont do.

    Why did you buy a car without getting the NCT cert? Is the disc genuine, maybe its fake and the Gard spotted that.

    Its every drivers responsibility to check their car is OK before use...one bulb failing could happen but two is unlikely within a short period.

    As regards the exhaust he will give his opinion which the Judge will almost certainly accept.

    I think you are pretty well screwed...


  • Closed Accounts Posts: 4,056 ✭✭✭Tragedy


    corktina wrote: »
    There is a law which says the number plate must be attched to the vehicle so in the window wont do.
    Are you sure? I've never heard that before, and heard of cases going to court where the driver had the front plate in his windscreen and the judge striking it out immediately.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Not having in the "front" front of the car will get you in trouble.
    Having it in the window may work for dealers but for Joe Soap it won't do, especially in parts of the country where there are toll cameras.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    123. wrote: »
    I was sitting in a car park chatting to a fella in a car next to me and the guards pulled up and looked around the car for about a half hour and that was back on the 13 feb but I was issued the summons last Wednesday but registered post but no body signed gfor them and they were just left in the post box

    I meant geographically where - what county ?

    I'm trying to get a feel for what view your local DJ might take of you, especially on the unaccompanied driving with no L plates.


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  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    Tragedy wrote: »
    Are you sure? I've never heard that before, and heard of cases going to court where the driver had the front plate in his windscreen and the judge striking it out immediately.

    Youve never heard of this rule before but you have heard of people taken to court for it....how does that work

    i cant quote chapter and verse or I would have done so and Im not searching for it, but I BELIEVE I am correct in saying the plate has to be attached to the vehicle. Yes, I can imagine the charge would be struck out in court IF IT WAS THE ONLY CHARGE. The car in question has defective lights, a detached number plate a loud exhaust and is being driven on a L permit.


  • Closed Accounts Posts: 4,056 ✭✭✭Tragedy


    corktina wrote: »
    Youve never heard of this rule before but you have heard of people taken to court for it....how does that work
    Taken to court and lost, hence my surprise at this law you speak of. The statute in question only states that it must be at the front of the vehicle, vertical or nearly vertical and clearly distinguishable from the front. It doesn't even need to be affixed.
    i cant quote chapter and verse or I would have done so and Im not searching for it, but I BELIEVE I am correct in saying the plate has to be attached to the vehicle. Yes, I can imagine the charge would be struck out in court IF IT WAS THE ONLY CHARGE. The car in question has defective lights, a detached number plate a loud exhaust and is being driven on a L permit.
    Which is fine, but his numberplate display wasn't illegal :)


  • Registered Users, Registered Users 2 Posts: 1,196 ✭✭✭pyramuid man


    Is it just me or does it sound like someone really pee'd off the Guards? Seriously enough to make them going over the car with a fine tooth comb.


  • Registered Users, Registered Users 2 Posts: 4,101 ✭✭✭NUTZZ


    Sounds like the cops thought they found themselves some boy racers parked up in a car park up to no good!


    *not my opinion on the OP, just saying what the cops might have thought!


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    Tragedy wrote: »
    Taken to court and lost, hence my surprise at this law you speak of. The statute in question only states that it must be at the front of the vehicle, vertical or nearly vertical and clearly distinguishable from the front. It doesn't even need to be affixed.


    Which is fine, but his numberplate display wasn't illegal :)

    but it wasnt on the front of the vehicle....


  • Closed Accounts Posts: 4,056 ✭✭✭Tragedy


    corktina wrote: »
    but it wasnt on the front of the vehicle....
    How do you define the front? Judges accept the front windscreen as being at the front of the vehicle in every case I've heard of so far.

    Of course, you're welcome to tell them their interpretation of the statute is wrong.

    Good luck with that :)

    Still waiting for the law where it says it must be attached to the vehicle btw.


  • Registered Users, Registered Users 2 Posts: 9,313 ✭✭✭Mycroft H


    As far as I know the number plate on the front is valid. There was a long thread on the matter a while back, and the conclusion was that as long as its displayed on the front of the vehicle

    the identification mark of a vehicle shall be exhibited, in the case of a vehicle which has only one front wheel, on the back of the vehicle and, in the case of any other vehicle, on the front of and on the back of the vehicle in a vertical or nearly vertical position, so that every letter or figure of the identification mark is vertical or nearly vertical and is easily distinguishable, in the case of the letters and figures placed on the front of the vehicle, from in front of the vehicle and in the case of the letters and figures placed on the back of the vehicle, from behind the vehicle.

    http://www.irishstatutebook.ie/1992/en/si/0318.html


    Doesnt say anywhere that it has to be on the front of it


  • Registered Users, Registered Users 2 Posts: 757 ✭✭✭Signpost


    Number plate has to be on the front of the vehicle in a vertical position so the windscreen is fine.
    You had an NCT, dont need the cert. Garda Error.
    Lights will very rarely get you in hassle in court unless you are totally flaunting it, ie) no front lights or something

    My guess will be a kick in d balls fine for no full licensed driver and rest thrown out because of the guards mistakes (so he is going to dislike you even more).

    From past dealings with some of the worlds greatest pricks of guards is it will defo pay you to hire a good solicitor for the day and I wouldnt be too scared after that.

    Also - where are you from?


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Signpost wrote: »
    it will defo pay you to hire a good solicitor for the day

    No harm to get a suit, tie and respectable haircut for the day in court. Some of our judges are from the stone age, and this sort of thing still impresses them.


  • Registered Users, Registered Users 2 Posts: 1,313 ✭✭✭Mr.Boots


    You could well be a maggot who annyoys other people and the guards in a noisey sh1tbox.
    Also the serious accident.....whats that about?
    Money for petrol but no money for a reg plate? We wernt born yesterday.
    The mind Boggles.


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  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    Mr.Boots wrote: »
    You could well be a maggot who annyoys other people and the guards in a noisey sh1tbox.

    Attack the post and not the poster please.


  • Registered Users, Registered Users 2 Posts: 3,012 ✭✭✭Plazaman


    123. wrote: »
    Hi all,
    Sorry for this long rank but got a registered letter , which nobody had signed for, In it were 8 court summons scheduled for the 16 of June. this offenses were carried out on the 13 February and they are has follows:
    1. No front identification mark ( no number plate on the front)
    2. Failing to display "L" plates
    3. No silencer fitted to M.P.V ( Loud exhaust but wasn't check using decibel
    meter)
    4. Use of vehicle without N.C.T cert ( I haven't the cert but I the disk)
    5. No Identification mark lighting ( No number plate lights)
    6. Valid N.C.T disk no displayed ( As said i did have a valid one on display)
    7. No rear left lamp ( Bulb was just after blowing and didn't know)
    8. Unaccompanied learner driver

    Now I admit some of these offenses are no ones fault but mine but the number plate story is my old one fell off as i was washing it and I got it put back on and it was pulled back off by someone. I was warned a few times but had no money to buy another for a period of time, but at the time i was summoned i had it in the windscreen. I was not aware that my left light wasn't working and either was the number plate lights. Also I have a valid N.C.T disk and it was displayed correctly.The guard which sent me these summons also attended quite a serious accident of mine back in July which at the time i didn't have a full driver or "L" plates but nothing was said back then so I think he has it out for me because he never leaves me alone. My question is what do yous think will happen to me over this in court. Will i loose my license? Baring in mind i have the full license now 2 weeks. Any advice appreciated.
    Thanks in advance


    Hmmm, the book will be thrown at you methinks. Presumably these few warnings were already given by guards about the number plate and ignored. A new number plate cost €15 - €20 depending on where you live (less than a tank of of petrol) And the fact that this was the 2nd time (from the post anyway) that you were caught driving unaccompanied, the first after being in an accident, it seems that the rules of the road do not apply or are not sinking in.

    However, the fact that you have a full licence now, treasure it and always strive to be the best driver on the road

    Giddy Up Petunia..... In Before High Horse References


  • Registered Users, Registered Users 2 Posts: 1,313 ✭✭✭Mr.Boots


    -Chris- wrote: »

    Attack the post and not the poster please.

    Yea...sorry bout that...but i think im right.

    Solictor is the only way to go OP, sounds like they are out to get you for whatever reason.
    One of my brake lights went over the weekend and a guard told me a checkpoint "for you own safety get that sorted"
    They dont hand out Summons for no reason.


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    Mr.Boots wrote: »
    Yea...sorry bout that...but i think im right.

    The overarching rule for boards: Don't be a dick.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Signpost wrote: »
    Number plate has to be on the front of the vehicle in a vertical position so the windscreen is fine.
    You had an NCT, dont need the cert. Garda Error.
    Lights will very rarely get you in hassle in court unless you are totally flaunting it, ie) no front lights or something

    My guess will be a kick in d balls fine for no full licensed driver and rest thrown out because of the guards mistakes (so he is going to dislike you even more).

    From past dealings with some of the worlds greatest pricks of guards is it will defo pay you to hire a good solicitor for the day and I wouldnt be too scared after that.

    Also - where are you from?

    He had a NCT disc, but the certificate is the official proof (just like your insurance disc is not official proof of insurance).
    It's also possible the disc was a forgery and was passed onto the current owner with the car. If the Garda had checked it up from the station he could have found that no NCT certificate was issued for that car with the previous 2 years.


  • Registered Users, Registered Users 2 Posts: 1,672 ✭✭✭deman


    This has to be a troll and I don't believe this OP's story one bit. There's absolutely no way anybody could be this stupid.


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    -Chris- wrote: »

    Attack the post and not the poster please.
    deman wrote: »
    This has to be a troll and I don't believe this OP's story one bit. There's absolutely no way anybody could be this stupid.

    Infracted


  • Registered Users, Registered Users 2 Posts: 1,313 ✭✭✭Mr.Boots


    -Chris- wrote: »
    The overarching rule for boards: Don't be a dick.




    Attack the post and not the poster please.......


  • Closed Accounts Posts: 6,096 ✭✭✭johnos1984


    Mr.Boots wrote: »
    Attack the post and not the poster please.......

    He has you there Chris :D

    Shall I get the brillo pads and domestos for a quick clean up


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  • Closed Accounts Posts: 904 ✭✭✭yourpics


    If no one signed for a regestered letter, then you never got it.


  • Registered Users, Registered Users 2 Posts: 757 ✭✭✭Signpost


    Do the cops not drop off summons personally now? I thought the day of regisered post for this kind of thing was gone?


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    yourpics wrote: »
    If no one signed for a regestered letter, then you never got it.

    Not true. And totally misleading!:mad:


  • Closed Accounts Posts: 428 ✭✭vetstu


    If it's a registered letter, put the code into the AnPost site and it will tell you show you if anyone signed for it. If it's not your signature, then you never got the letter.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    vetstu wrote: »
    If it's a registered letter, put the code into the AnPost site and it will tell you show you if anyone signed for it. If it's not your signature, then you never got the letter.

    Bull. If you have the code then you have the letter. You have it even if it's not signed for. The OP has the letter. To claim otherwise now is no defense. A non-appearance at court on this basis will not be an end to his problems - far from it.


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