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booked nct, missed it, sold car

  • 21-06-2012 10:07pm
    #1
    Registered Users, Registered Users 2 Posts: 3


    does anyone know who pays for the missed nct? the buyer is going to nct the car, so what happens and how does it work? I would like to pay this fine if there is one - I had booked the nct and then didn't go while i still owned the car, but don't want to put that onthe buyer.
    anybody know?
    thanks :-))


Comments

  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    The new owner will be hit with a €22 surcharge when he presents it for the test.

    If you cancel a confirmed appointment with less than five working days notice (Mon. - Fri., not including the day of the test or the day you contact NCTS) or fail to show up for the test, a €22.00 surcharge will be applied when you next bring your car for testing.


    See Q.9

    http://www.nct.ie/faq.html


  • Closed Accounts Posts: 2,412 ✭✭✭andyseadog


    coylemj wrote: »
    The new owner will be hit with a €22 surcharge when he presents it for the test.

    If you cancel a confirmed appointment with less than five working days notice (Mon. - Fri., not including the day of the test or the day you contact NCTS) or fail to show up for the test, a €22.00 surcharge will be applied when you next bring your car for testing.

    See Q.9

    http://www.nct.ie/faq.html

    when i bought my last vectra, the previous owner NCT'd it and it failed but sold it on to me telling me it had never even attempted the test, i only discovered this when i brought the car to NCT it myself and the inspector asked for the previous fail sheet.

    I told him there was none as i had never tested it before and i only had to pay the 50 odd quid standard fee.


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    How would the new owner be charged if they did not book it or cancel it in the first place?
    Would a change of ownership not mean the new owner is not responsible for the fee?


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    andyseadog wrote: »
    when i bought my last vectra, the previous owner NCT'd it and it failed but sold it on to me telling me it had never even attempted the test, i only discovered this when i brought the car to NCT it myself and the inspector asked for the previous fail sheet.

    I told him there was none as i had never tested it before and i only had to pay the 50 odd quid standard fee.

    Your situation bears no similarity to the OP's. In this case he is the seller and he's trying to be upfront and honest with the guy who bought his car, unlike the tosser who sold to you.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    andyseadog wrote: »
    when i bought my last vectra, the previous owner NCT'd it and it failed but sold it on to me telling me it had never even attempted the test, i only discovered this when i brought the car to NCT it myself and the inspector asked for the previous fail sheet.

    I told him there was none as i had never tested it before and i only had to pay the 50 odd quid standard fee.

    But that completely different to OP case.
    Guy who sold you a car booked a test, presented it for a test (paid for it) and failed a test.
    Then you booked a test and paid for it.

    OP booked a test, but didn't go there, and didn't pay. That's why next test is going to cost more.


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  • Registered Users, Registered Users 2 Posts: 4,946 ✭✭✭Bigus


    Fact ; once there is change of ownership the liability disappears . So new owner just pays 55 standard charge.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Bigus wrote: »
    Fact ; once there is change of ownership the liability disappears . So new owner just pays 55 standard charge.

    Are you sure about it?


  • Closed Accounts Posts: 2,412 ✭✭✭andyseadog


    coylemj wrote: »
    Your situation bears no similarity to the OP's. In this case he is the seller and he's trying to be upfront and honest with the guy who bought his car, unlike the tosser who sold to you.
    CiniO wrote: »
    But that completely different to OP case.
    Guy who sold you a car booked a test, presented it for a test (paid for it) and failed a test.
    Then you booked a test and paid for it.

    OP booked a test, but didn't go there, and didn't pay. That's why next test is going to cost more.

    it has relevance if you actually think about what i said and not skim read it, it tells you all you need to know.

    for those of us reading but not thinking, as "bigus" suggests, if both the old and new owner keep their mouth closed to the NCT's and change the ownership as normal and re-book the test, the liability to pay the fine will disappear.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    andyseadog wrote: »
    it has relevance if you actually think about what i said and not skim read it, it tells you all you need to know.
    What relevance?
    OP was asking if new owner will be liable for fine dur to OP not appearing on booked NCT appointment.
    You showed an example, where no one ever failed to appear on booked NCT appointment, so it's obvious there were no fines.

    for those of us reading but not thinking, as "bigus" suggests, if both the old and new owner keep their mouth closed to the NCT's and change the ownership as normal and re-book the test, the liability to pay the fine will disappear.

    No one yet confirmed that fact by any link, and I acutaly really doubt it works that way.
    NCT website FAQ seems to be saying the opposite.


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    CiniO wrote: »
    No one yet confirmed that fact by any link, and I acutaly really doubt it works that way.
    NCT website FAQ seems to be saying the opposite.

    The website does not mention change of ownership. I cannot see how the new owner would be responsible for something that happened before they owned it.


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  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    hondasam wrote: »
    The website does not mention change of ownership. I cannot see how the new owner would be responsible for something that happened before they owned it.
    Fees


    6. (1) Subject to paragraphs (2) and (3), the fee to be paid for a test certificate shall be—


    (a) €41.32 in the case of a test certificate issued following a test of a vehicle, and


    (b) €23.14 in the case of a test certificate issued following a re-test of a vehicle.


    (2) A test certificate issued following re-test of a vehicle that—


    (a) does not require the use of test equipment, or


    (b) requires the use of test equipment for the purposes of carrying out an inspection of tyres only,


    is not subject to the fee referred to in paragraph (1)(b).


    (3) Subject to paragraph (5), in any case where an appointment for a test or re-test has been confirmed to the issuing authority and the vehicle is not presented for the test or re-test at the appointed time and place, the issuing authority may require payment of a fee for the issue of a test certificate being the aggregate of—


    (a) the relevant amount specified in paragraph (1), and


    (b) in respect of an appointment for—


    (i) a test, €18.18 for each occasion on which the vehicle was not presented for the test at the appointed time and place for the issue of a test certificate, or


    (ii) a re-test, €9.50 for each occasion on which the vehicle was not presented for a re-test at the appointed time and place (other than in circumstances referred to in paragraph (2)) for the issue of a test certificate.


    (4) Paragraph (3) does not apply in any case where the owner or the owner’s agent gives notice at least 5 working days before the day of the appointment in person, in writing, by telephone by facsimile or by e-mail to the issuing authority, of intention not to present the vehicle for a test or a re-test, as the case may be, at the appointed time and place.


    (5) The fees prescribed in this Regulation are exclusive of value added tax.

    As you can see, regulations doesn't make any exception for new owner.
    It just says that fee for the test will be increased if vehicle wasn't presented for an appointment beforehand.
    If there was exception of new owner not being liable for that fee, it would surely be mentioned here.


  • Closed Accounts Posts: 2,412 ✭✭✭andyseadog


    cinio you are adding riddiculous levels of complication to this.

    old owner never appears for NCT, and sells car, thus ending all dedications he has to it. how will the NCT ever (bother) trace him for this €22? it won't happen.

    new owner didn't miss an appointment and wont be charged for something he didn't do.

    clearly the cancellation fee will be waived.


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    I still cannot see how the new owner could be held responsible for missing a test they did not book. It would make no sense at all. imo.


  • Closed Accounts Posts: 2,412 ✭✭✭andyseadog


    hondasam wrote: »
    I still cannot see how the new owner could be held responsible for missing a test they did not book. It would make no sense at all. imo.

    exactly, its like attaching penalty points to a car and not a driver. a riddiculous concept that a new owner should be responsible for the previous owners motoring shortcomings.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    andyseadog wrote: »
    cinio you are adding riddiculous levels of complication to this.
    No I'm not.
    NCT is related to the car. Not the owner. And therefore all NCT fees are paid in respect of the car, no matter who is the owner at the moment.
    old owner never appears for NCT, and sells car, thus ending all dedications he has to it. how will the NCT ever (bother) trace him for this €22? it won't happen.
    No it won't. They won't trace previous owner for €22 euro.
    Rules are really simple. If car missed a booked NCT appointment, then it's fee for next NCT appointment will be increased by €22. If it's a new owner taking a car for a test appointment, he will be just unfortunate to pay the extra fee.
    new owner didn't miss an appointment and wont be charged for something he didn't do.
    New owner didn't miss an appointment, but his car wasn't presented for an appointment, and therefore he will have to pay for it.
    clearly the cancellation fee will be waived.
    Clearly not.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    hondasam wrote: »
    I still cannot see how the new owner could be held responsible for missing a test they did not book. It would make no sense at all. imo.

    Plenty of things don't make sense, but that's reality.

    F.e. how can a new owner be responsible for car finance taken by previous owner.
    Somehow unfortunately new owner is fully responsible for it.
    You just buy a car with it's all debts. If it's a finance, you are responsible for it. If it's a missed NCT appointment, you are responsible for it.


  • Closed Accounts Posts: 2,412 ✭✭✭andyseadog


    CiniO wrote: »
    wrong stuff

    facepalm.jpg

    having been in a situation where my car has been booked in for a retest by a previous owner and not been presented for the retest, i unknowingly went to NCT the car after purchasing it and i didn't not have to pay the fees for the previous owner not showing up for the test.

    having owned a car, and been first hand in that situation myself i can 100% tell you i did not have to pay for the previous owners unpaid cancellation fee.

    i am also very confident in the fact that the previous owner didn't and never has been asked to pay for a cancellation fee now he does not own the vehicle.

    i await what irrelevant legislation you quote next.


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    CiniO wrote: »
    Plenty of things don't make sense, but that's reality.

    F.e. how can a new owner be responsible for car finance taken by previous owner.
    Somehow unfortunately new owner is fully responsible for it.
    You just buy a car with it's all debts. If it's a finance, you are responsible for it. If it's a missed NCT appointment, you are responsible for it.

    Not the same thing.
    If a car has parking fines or other traffic offences who is responsible the old or new owner or the car?
    With finance the car is taken back from you.
    I still don't believe nct can ask the new owner to pay for something they did not know about.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    andyseadog wrote: »

    having been in a situation where my car has been booked in for a retest by a previous owner and not been presented for the retest, i unknowingly went to NCT the car after purchasing it and i didn't not have to pay the fees for the previous owner not showing up for the test.

    having owned a car, and been first hand in that situation myself i can 100% tell you i did not have to pay for the previous owners unpaid cancellation fee.
    So you are saying now you were in exact situation as OP was asking and you know the answer.
    I'm curious why didn't you tell that straight away in your first answer to in this thread, but instead you gave completely different example, irrelevant to OP's question.

    i am also very confident in the fact that the previous owner didn't and never has been asked to pay for a cancellation fee now he does not own the vehicle.
    I'm sure he wasn't asked to pay any cancellation fee, as there isn't any.
    Only what there is, is the surcharge for next test if vehicle was failed to present on previously booked test appointment.
    If previous owner doesn't own the car anymore, there is no way they could ask him to pay this fee/surcharge
    i await what irrelevant legislation you quote next.
    What I quoted already was relevant enough.
    If you are really curious, you might need to wait for few days, as I send an email to NCTS so they can confirm my version. Whenever I get answer from them, I'll post it here.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    hondasam wrote: »
    Not the same thing.
    If a car has parking fines or other traffic offences who is responsible the old or new owner or the car?
    Traffic offences and parking fines, are responsibility of the vehicle owner at the time of offence.
    With finance the car is taken back from you.
    Because it's the car against which there is finance.
    I still don't believe nct can ask the new owner to pay for something they did not know about.
    Of course they can.
    Exactly the same way as finance company can ask new owner for repayment.
    Surely new owner before purchasing a car, could check if there is no finance against the car, or if there are no NCT appointments missed with surcharges liable.


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  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    CiniO wrote: »
    Traffic offences and parking fines, are responsibility of the vehicle owner at the time of offence.

    same as nct is.
    The new owner cannot be responsible.You agree traffic fines are the responsibility of the old owner not the new owner so how is the nct different?

    Of course they can.
    Exactly the same way as finance company can ask new owner for repayment.
    Surely new owner before purchasing a car, could check if there is no finance against the car, or if there are no NCT appointments missed with surcharges liable.

    Finance company will take the car back and the new owner would lose their money, this is completely different.


  • Closed Accounts Posts: 2,412 ✭✭✭andyseadog


    CiniO wrote: »
    If you are really curious, you might need to wait for few days, as I send an email to NCTS so they can confirm my version. Whenever I get answer from them, I'll post it here.

    thread = bookmarked, i'l look forward to it :)

    though i asume this thread may fall silemt when you recieve your response.

    anyway, time for bed.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    hondasam wrote: »
    same as nct is.
    The new owner cannot be responsible.You agree traffic fines are the responsibility of the old owner not the new owner so how is the nct different?

    Simple.
    Road traffic regulations state, that it's the vehicle owner responsible for the parking violations. And it's responsibililty of vehicle owner to show whether he was driving or someone else in case of any offence.
    That's why person who was the owner during the offence is responsible.
    I'm going to bed now, I don't want to search those regulations, but I'm sure you believe that's what they say.

    NCT regulations say however, that if the vehicle was not presented for a booked test, then there will be surcharge during next test. That's all those regulations say. Vehicle owner is completely irrelevant here, as it's charges which needs to be paid in respect of the vehicle.
    Here - who is the owner - is irrelevant.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    andyseadog wrote: »
    thread = bookmarked, i'l look forward to it :)

    though i asume this thread may fall silemt when you recieve your response.

    anyway, time for bed.

    Exactly. Time for bed. Goodnight ;)


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    CiniO wrote: »

    NCT regulations say however, that if the vehicle was not presented for a booked test, then there will be surcharge during next test. That's all those regulations say. Vehicle owner is completely irrelevant here, as it's charges which needs to be paid in respect of the vehicle.
    Here - who is the owner - is irrelevant.

    We all agree there is a surcharge if you cancel the test but what we don't agree on is if the veh is sold who is responsible for this fee.
    I await your reply from nct. I have to say from my own experience I have missed two appointments and they waived the fee each time.


  • Registered Users, Registered Users 2 Posts: 3 Lindian


    thanks for the replies, but still somewhat confused. while i agree it woudn't make sense to charge the new owner who hasn't done anything wrong the powers that be don't always work on an 'makes sense' level - i thought the penalty was 50 euro, not 22 - but still don't want new owner to have to pay it...


  • Registered Users, Registered Users 2 Posts: 2,691 ✭✭✭michellie


    New owner won't have to pay. When they go in all they have to do is explain the situation and the cancellation fee can be removed. Or just explain to customer services when they are booking and they can remove it.

    I work in NCT.


  • Registered Users, Registered Users 2 Posts: 2,691 ✭✭✭michellie


    Lindian wrote: »
    i thought the penalty was 50 euro, not 22 - but still don't want new owner to have to pay it...

    Full test fee is €55. But if you miss an appointment or don't give the 5 days notice to reschedule add €22 onto that = €77


  • Registered Users, Registered Users 2 Posts: 4,946 ✭✭✭Bigus


    CiniO wrote: »
    Are you sure about it?

    I beg your pardon

    if bigus says FACT , it will be proven to be fact

    so don't ask me in future ,i am always sure if i state "fact".


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