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Mechanic disappeared with car

  • 14-06-2011 10:57am
    #1
    dilallio
    Registered Users, Registered Users 2 Posts: 2,728 ✭✭✭


    What is the best recourse for someone who drops a car into a small garage (which is not SIMI registered) for minor repairs.

    The mechanic keeps putting off the repair using various excuses that he is waiting for parts / gone away for a funeral / gone on holidays / etc.

    Then after a few weeks of this, he stops answering his phone, and disappears completely along with my car.

    I don't have a current address for him and I've reported the car stolen. The car is worth about 700 Euro. Will the Gardai treat this as a criminal matter or a civil one?


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    Unless he claims that he is entitled to possession of the car because you won't pay him or because of some other dispute then he is guilty of one or other criminal offences, which one depending on whether he still has the car or not....

    If he's still driving around in your car he is guilty of driving the car without your permission, known as an 'unauthorised taking', contrary to Section 112 of the Road Traffic Act 1961...

    A person shall not use or take possession of a mechanically propelled vehicle without the consent of the owner thereof or other lawful authority.

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0112.html#sec112

    If he has sold your car then he would be guilty of theft, also a criminal offence, this time under Section 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001..

    a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.

    http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0004.html


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