Penalty for tax

WooPeeA

A friend of mine has a small problem. He bought a car on auction on Tuesday. He still didn't get the papers that are necessary to register the car and insurance. He was told they will send all papers by post.

As he lives in the apartment block he doesn't have own parking so he parked the car on public paid parking. He doesn't use the car. Car is just waiting there for the papers to be done.

Since then Gards are giving him a €40 penalty ticket for not paid road tax.. every day! He already has 3 of them collected from behind window wiper and it goes on. It's quite ridiculous as there's nothing he can do right now.

There are thousands of people buying cars having no own parking and using public parkings while waiting for paper work to be done which might take even 2 weeks. Are they all given penalties every day??

Is there anything he can do to cancel those tickets? There's 28 days pay time there.

bath handle

WooPeeA wrote: »

A friend of mine has a small problem. He bought a car on auction on Tuesday. He still didn't get the papers that are necessary to register the car and insurance. He was told they will send all papers by post.

As he lives in the apartment block he doesn't have own parking so he parked the car on public paid parking.

So he drove the car into the parking place without insurance? All you are worried about are a few fines for unpaid tax?

WooPeeA

Well I guess he did, but he's not using a car since then.

jhegarty

You can insure the car without the papers , do this first.

dermot_sheehan

WooPeeA wrote: »

Well I guess he did, but he's not using a car since then.

Parking under the road traffic act in a public area is considered "use".

He's lucky a guard doesnt make a lawful demand for insurance and then summon him when he doesnt present any.

Transferring registered ownership should only take a few days and you can insure the vehicle during the transfer.

I might add the previous owner should have had the car taxed and/or ensure that the ownership was transferred., they will get summoned if the tickets are not paid for the days that they are down as registered owner.

WooPeeA

Alright. I'll tell him so.

But is there any way to cancel those tickets?

WooPeeA

We just went to the Gards and asked them. We explain that he still doesn't have any documents and there's no other parking space available. They said that he should send a letter to the City Council and they might cancel those tickets.

I'm not sure if he knew what he was talking about as he seemed confused.

dermot_sheehan

WooPeeA wrote: »

We just went to the Gards and asked them. We explain that he still doesn't have any documents and there's no other parking space available. They said that he should send a letter to the City Council and they might cancel those tickets.

I'm not sure if he knew what he was talking about as he seemed confused.

Traffic wardens can issue tickets for no tax.

In which case it could be a warden ticketing the car and any prosecution would be brought by the local authority

WooPeeA

One of the points on the document attached says that "You will not be prosecuted".

source

Just to clarify, gardai dont leave a ticket on the window of the car. Gardai send the ticket through the post to the registered owner.

Your friend has been ticketed by the local authority traffic warden. You need to go to the fines office in your local council offices and discuss it with them.

Also a car cannot be in a public place without current tax, insurance or NCT.

WooPeeA

so where is he suppose to park it before getting the docs? he bought it on auction, paud the cash, signed contract and got the keys. he was told tgat the docs should arrive in post within 2 weeks. i dont think that you can buy insurance etc without ANY documents.

coylemj

WooPeeA wrote: »

i dont think that you can buy insurance etc without ANY documents.

Yes you can, I have never been asked to produce any proof of ownership by an insurance company. I bought a car last May and transferred my insurance to it over the phone, the insurance company never even asked to see the car let alone asked me to prove that I own it.

You need to be the registered owner to tax it.

WooPeeA

alright. thanks a lot.

so as i suppose theres not much he can do about the tax road penalties until he gets the log book or however its called.

TylerIE

WooPeeA wrote: »

so where is he suppose to park it before getting the docs? he bought it on auction, paud the cash, signed contract and got the keys. he was told tgat the docs should arrive in post within 2 weeks. i dont think that you can buy insurance etc without ANY documents.

You can buy insurance once you know the reg of the car. He should have rang before leaving the auction rooms.

As source said, the tax tickets are being issued by the council traffic wardens, Gardai dont leave tickets on the windscreen.

Having said that if he contacts the council they may cancel tickets issued before the recorded sale date.

Your friend would be expected to keep the car on private property to which the general public have no access if he has no documentation - e.g. a gated apartment block car park or a driveway.

However he should be thankful he is not being prosecuted for driving without insurance, IF he drove it home.

MagicSean

Ive never been asked for documents when taxing my car. They usually just want the money and a RF100.

WooPeeA

Is there an insurance required for the road tax? which should be done first? does that make any difference?

TylerIE

WooPeeA wrote: »

Is there an insurance required for the road tax? which should be done first? does that make any difference?

Id rather be caught for no tax than no insurance.

You do need insurance for tax, however the information you need is just your Insurance Company, Policy Number and expiry date. They dont look for your insurance certificate. You will get the details you need on the phone when you ring the insurance company to take out a policy.

As Seanbeag said you just need an RF100 form and the money to tax it.

WooPeeA

Can one get a penalty ticket for no insurance while the car is parked and not used as I mentioned before?

MagicSean

WooPeeA wrote: »

Can one get a penalty ticket for no insurance while the car is parked and not used as I mentioned before?

You can get one for non display of a disk but not for having no insurance. Same for tax and NCT.

TylerIE

WooPeeA wrote: »

Can one get a penalty ticket for no insurance while the car is parked and not used as I mentioned before?

As Dermot stated, if parked in a public place, thats considered "Use" under the road traffic act.

You can receive a Fixed Penalty (€40) for non-display of an Insurance disc from the Gardai. A traffic warden cannot issue that fixed penalty ticket. A garda may also demand production of your insurance. If a Garda demands insurance and you fail to produce that is a lot more serious than a ticket. About 5 years ago my car was hit when parked, and although the offending driver stopped we both had to produce insurance

Your car is parked in pay parking so is public, if the handbrake should fail or it went on fire (not by arson), or something dodgy happened, you are obliged to have insurance to cover any injured third parties.

Also with regard to your tax fines, they are normally €60 IIRC. For your own sake get them sorted or pay them before the end of the period stated. Once it goes to summons its a lot harder to get it sorted, and I doubt a judge would accept an excuse.

If you cant afford insurance for it get a friend who has a full licence and "Driving other cars extension", and which covers them regardless of the insurance status of the car they are driving, to move the car to a private car park or driveway of a friend. Get them to check with their own insurance if it covers them, I know Quinn does.

WooPeeA

Is that pissible to get the penalty for not displayed tax disk everyday? maybe if he leaves the ticked behind the window he wont be punished again?

bath handle

WooPeeA wrote: »

so where is he suppose to park it before getting the docs? he bought it on auction, paud the cash, signed contract and got the keys. he was told tgat the docs should arrive in post within 2 weeks. i dont think that you can buy insurance etc without ANY documents.

He should have thought of where he was going to keep the car before he bought it. He should also have acquainted himself with the rules of the road and the laws about motor insurance.when i buy a car it does not leave the place where it is until a fax comes from my insurance broker confirming that the insurance company is on risk from that minute.

TylerIE

No he could easily get the ticket every day, its a separate offence on each occasion.

Traffic wardens in certain parts of the country will ticket every day (regardless of previous tickets being there or not). Leaving the old ticket there suggests the car is either abandoned (an invitation for vandalism) or that the owner doesnt care (So the warden will continue).


Also if your friend is paying the parking charges in the pay-and-display that surely amounts to a good few euro per day - could they not just get the car moved? Even a tow truck would be cheaper than pay-parking for two weeks!

ResearchWill

WooPeeA wrote: »

Is that pissible to get the penalty for not displayed tax disk everyday? maybe if he leaves the ticked behind the window he wont be punished again?

It would seem cheaper, to have the car towed to a storage company or garage and pay them to store car, till all the paperwork is sorted.

Scealta_saol

First, get insurance.

Then call Shannon and see what they can do about getting the car in your friend's name and the logbook out to him.

Then tax the car as soon as possible.

Then contact the local authority about appealing all the fines based on the fact he couldn't tax the car without the logbook.

No guarantee they'll cancel the fines though because technically the vehicle was parked on a public roadway with no tax. Tell him to try the appeal process but don't moan if it doesn't go his way. He was in the wrong by parking it there.

TylerIE

Scealta_saol wrote: »

Then call Shannon and see what they can do about getting the car in your friend's name and the logbook out to him.

Then tax the car as soon as possible.

Then contact the local authority about appealing all the fines based on the fact he couldn't tax the car without the logbook.

He can tax the car NOW, without the logbook

Victor

WooPeeA wrote: »

One of the points on the document attached says that "You will not be prosecuted".

Only if you pay within the required time.

source wrote: »

Just to clarify, gardai dont leave a ticket on the window of the car. Gardai send the ticket through the post to the registered owner.

While I haven't seen it recently, the Garda had been affixing Fixed Penalty Notices for certain offences.

WooPeeA wrote: »

so where is he suppose to park it before getting the docs?

Not on the public road

TylerIE

Victor wrote: »

While I haven't seen it recently, the Garda had been affixing Fixed Penalty Notices for certain offences.

Some areas leave little scraps of paper that are business card sized on the Window, but it just says something like you have been issued a Fixed Penalty for either No Tax or No parking (the appropriate one is ticked). Iv seen those used recently in South Dublin - although the vehicle owners felt it was a joke when they found it as they were tiny yellow bits of paper!

IF your referring to the 1/2 a4 sticky envelopes I havnt seen them on a car in probably 8 years or more... But they certainly are not being used anymore.

challengemaster

WooPeeA wrote: »

Is that pissible to get the penalty for not displayed tax disk everyday? maybe if he leaves the ticked behind the window he wont be punished again?

I remember reading before that the warden is entitled to ticket the car every time he walks past it and it still hasn't moved, as it's a separate offence. Not sure on the validity of that but I wouldn't put it past them