ticket for not having tax

hesh10

Hi, was just up town 2day and got a ticket for not displaying my tax disc. My car had been off the road 6 months and the tax is out since Dec 10. i was on my way to get new tyres for the nct which is due. Will i hav to backtax my car for the six months it was off the road because of this fine?

TylerIE

If you back tax it from the month of the fine forward you will still be oblidged to fill in a Declaration of Non Use.

This form has to be witnessed by a Garda and stamped. You then submit it to the tax office.

Its possible that the Motor Tax Office may investigate and find that you were fined, and then suddenly taxed the vehicle. If its investigated and/or taken to court the judge may take a dim view. While I'm not saying its your case, people often state that the day they were caught was the first day they used the car.

Its very possible you could tax it from when you started to use it, forward, without any problems.

hesh10

hesh10 wrote: »

..........Will i hav to backtax my car for the six months it was off the road because of this fine?

No, just tax it from when it was on the road, declaration witnessed by Garda required for this.

v240gltse

hi

why did you not get your car taxed BEFORE going back on the road after a 6 month lay off .

I imagine you will have to pay the 6 months backdated because when you go to the Garda station to get the tax renewal form signed for been "off road" they may have a record of fine on the database , assuming of course the Garda on duty checks before counter signing :rolleyes:.


best of luck with it

v240gltse

v240gltse wrote: »

hi

why did you not get your car taxed BEFORE going back on the road after a 6 month lay off .

I imagine you will have to pay the 6 months backdated because when you go to the Garda station to get the tax renewal form signed for been "off road" they may have a record of fine on the database , assuming of course the Garda on duty checks before counter signing :rolleyes:.


best of luck with it

I'd imagine not, today is the 22nd of the month. The OP is perfectly entitled to tax it from June onwards if it was off the road until then. If this is the case the OP will have no issue making the declaration and the fine today has no bearing on the Garda witnessing the declaration.

gman2k

hesh10 wrote: »

Hi, was just up town 2day and got a ticket for not displaying my tax disc. My car had been off the road 6 months and the tax is out since Dec 10. i was on my way to get new tyres for the nct which is due. Will i hav to backtax my car for the six months it was off the road because of this fine?

No, you don't have to back date the tax for 6 months, but you do have to pay the local authority fine (something which I think has nothing got to do with them - especially if the car is taxed in another region)
You can appeal the fine, if you back date the motor tax to cover the period of use - which in this instance is you driving the car to get tyres/ nct etc.

Lesson to be learnt; don't street park if you are out of tax!

Esel

lst wrote: »

Its possible that the Motor Tax Office may investigate and find that you were fined, and then suddenly taxed the vehicle

This is highly unlikely, tbh.

TylerIE

gman2k wrote: »

No, you don't have to back date the tax for 6 months, but you do have to pay the local authority fine (something which I think has nothing got to do with them - especially if the car is taxed in another region)
You can appeal the fine, if you back date the motor tax to cover the period of use - which in this instance is you driving the car to get tyres/ nct etc.

Lesson to be learnt; don't street park if you are out of tax!

He can appeal but its VERY likely to lose.

The fine and offence is non-display of a tax disc (as opposed to not having any tax).

Appealing may require him to have to produce the disc to the Garda / Traffic Warden at a minimum. If its a traffic warden it will probably go to court anyway, if its a Garda the Garda may request to have it struck out.

The OP is guilty of the offence so the fine is justified, and probably not worth risking ending up in court. He can view it as still a saving on the Jan-May tax!

TylerIE

Esel wrote: »

This is highly unlikely, tbh.

Ye thats an understatement even, pigs would probably fly quicker

But its a small possibility that could have consequences.

gman2k

lst wrote: »

He can appeal but its VERY likely to lose.

The fine and offence is non-display of a tax disc (as opposed to not having any tax).

Appealing may require him to have to produce the disc to the Garda / Traffic Warden at a minimum. If its a traffic warden it will probably go to court anyway, if its a Garda the Garda may request to have it struck out.

The OP is guilty of the offence so the fine is justified, and probably not worth risking ending up in court. He can view it as still a saving on the Jan-May tax!

My post was based on my own experience, I got a LA fine for non display of tax disc, I rang them up and said that I was awaiting the current one, and they said to produce same and they would rescind.

TylerIE

gman2k wrote: »

My post was based on my own experience, I got a LA fine for non display of tax disc, I rang them up and said that I was awaiting the current one, and they said to produce same and they would rescind.

Thats good to hear that a common sense approach was applied!

I just was commenting on the appeal as many (most) people who appeal a tax fine to court come out worse off.

Bruthal

OP just go in this week and declare it was off the road from 1-11 to 5-11 on the RF100A form if it actually was, or from 12-10 to 5-11 if Nov-10 was when last disc expired, and pay for June July and August. There will be no issue at all getting that stamped by the garda.

And pay the fine as well.

Wolverine_1999

Can they not destroy cars if tax is out by 2 months? Very lucky I would say..

The old tax system should be at least halved though, a complete and utter waste of money :rolleyes:

Plentyofice

Simple. Just tax the car for the month you were caught and going forward (if caught in june you'll have to tax it bare minimum june-july-aug. Get a declaration of non use and declare it off the road from 1st Jan 2011 to 31-may 2011. A guard will stamp it in a garda station. If they ask why it wasn't taxed tell them you couldn't afford to run it so took it off the road. They won;t take the car off you. The only thing they may do is check to see if the car was ever stopped in the previous 6 months. Fcuk sake...they know most of the country is broke.. Any understanding garda would just stamp the form and away you go. They have bigger fish to fry.

Esel

Wolverine_1999 wrote: »

Can they not destroy cars if tax is out by 2 months?

The car can be seized if the tax is more than two months out of date. Destruction might/would follow if the car is not claimed from the pound.