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Error License Endorsement. What to do?

  • 25-06-2012 10:41am
    #1
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭


    What can one do if they apply for a new provisional license after 10 years with no license, only to discover that their deceased brother had used their car and gave the owners name, resulting in a year ban that the owner knew nothing about? Lets also say that the Garda who took the information was not returning calls and had moved from Dublin to Cork. What could the person who received the ban unjustly do about this?


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    hire a solicitor


  • #3
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    goz83 wrote: »
    What can one do if they apply for a new provisional license after 10 years with no license, only to discover that their deceased brother had used their car and gave the owners name, resulting in a year ban that the owner knew nothing about? Lets also say that the Garda who took the information was not returning calls and had moved from Dublin to Cork. What could the person who received the ban unjustly do about this?

    What was the owner doing with a car if they had no licence?


  • #4
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Milk & Honey wrote: »
    What was the owner doing with a car if they had no licence?

    In keeping with the charter:

    Hypothetically speaking; In this case. The owner had a license, tax and insurance at the time he had the car in his possession. His provisional expired and more than 10 years passed before he decided to get a new provisional after returning from 8 years living abroad. Just before the incident, which lead to the ban, he was unable to rent to his dad (after losing his job), who kicked him out and gave the car to the original owners older brother. The older brother used the car with no insurance and possibly no tax while it was still in the owners name and gave the owners name to Gardai when pulled in. The older brother passes away a few years later and the original owner finds out 10 years later that he had a year ban he never earned. Solicitors (unless free, or very very cheap) would not be affordable. (and no, it has not happened to me, thank god)


  • #5
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    Is there a way of conclusively proving that this person was not in the country when the car was involved in the commission of those offences?


  • #6
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Grolschevik wrote: »
    Is there a way of conclusively proving that this person was not in the country when the car was involved in the commission of those offences?

    The person was still living in the country at the time of the incident in this case. But would not have been driving and would have had no knowledge about the incident until returning to Ireland and applying for a new provisional. No id would have been shown, as the older brother was telling lies.


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  • #7
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    A similar situation would be if you were to get a license while living at family home and moving out a few months later. Your brother borrows your car and gets stopped by the cops, but gives your name instead of his. He tells you nothing about it. You fail to show up at court because the car and your license are still registered at your old home and the summons is not received by you. Your brother unfortunately passed away in the mean time and when you go to renew your license, you find out you have an endorsement.

    I know its slightly different, because the original owner had no car after getting kicked out and had no need for a car (or a license) when living abroad.


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