No insurance wrong fine notice

dubsfan

So last week i was stopped for no insurance now i had a disc but didnt realise last months dd had bounced as had not received any letter from the insurance company anyway car was seized and today i received 2 fines one for no tax (which i did have) and the other one addressed to me but clearly meant for someone else different reg num and offence which happened 2 hrs after my car was seized. having spoken to a gaurd today he said it must have been a mistake and just to pay the no tax fine but just looking for some advice should i pay it or get them to resend a new one for no insurance im assuming for the no insurance id need to go to court so maybe paying for the tax instead would be better for me

MugMugs

Would you consider using a bit of punctuation?

From what I can derive from that post, you didn't have Insurance and had your vehicle lifted as a result. You are now being done for no TAX which you claim is incorrect and you have received an incorrect notice regarding your Insurance...... And the Garda told you to just pay the TAX one?

Did you explain to the Garda that your vehicle was taxed? Also, did he say he wouldn't pursue the Insurance issue should you pay the Tax fine?

awec

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MugMugs

awec wrote: »

I think what he is saying is he got stopped for no insurance but they have mistakenly sent him a fine for no tax.

And a second no tax fine that was supposed to be for someone else. (I think this bit is irrelevant to the rest of the post).

Anybody have the enigma code reader handy?

dubsfan

i had tax on the car. the garda i spoke to today said to ignore the notice that was 2 hours after my car had been seized and to pay the one for non display of tax as it must have been a mistake it should have read insurance. but my concern is if i do pay the one for no tax and then another one comes in the post for the insurance i will have paid 2 fines when i only need pay one. and im also wondering if the garda has keyed it in as no tax instead of no insurance would that mean once i pay fine i may not have to go to court for this.

dubsfan

sorry first time on this board didnt realise it could be so catty and im a she by the way the reason i brought up the other fine not in relation to me was because it had my name and address on it but someone elses reg number and it was for not wearing a seatbelt.

MugMugs

There's nothing except statute stopping that Garda from doing you for no Insurance after you pay the Tax fine.

In fact, if I was the Garda in question, I'd make sure to summons you to court. It's a serious offence and not one they generally allow you off lightly with.

MugMugs

dubsfan wrote: »

sorry first time on this board didnt realise it could be so catty and im a she by the way the reason i brought up the other fine not in relation to me was because it had my name and address on it but someone elses reg number and it was for not wearing a seatbelt.

Not being catty OP, it's generally accepted that you help the people trying to help you with text which is easily understood.

awec

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dubsfan

im aware its a serious offence and to be honest im glad the traffic corps stopped me when they did as i had no idea my direct debit bounced 3 weeks ago so it could have been so much worse had there been an accident. So i think its best if i try to get the garda in question to send me correct fine notice.

MugMugs

dubsfan wrote: »

So i think its best if i try to get the garda in question to send me correct fine notice.

Well not really as a prosecution for no Insurance could well lead to a driving ban!

dubsfan

thanks for the advice hopefully will get to speak to the garda in question tomorrow. The reason I mentioned the other notice was as it was addressed to me i didnt want more trouble brought to my door when that fine isnt paid. thanks for replies

awec

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dubsfan

so should i give it until end of week and if no fine for insurance comes just pay tax fine?

dubsfan

thats what i thought awec i have since changed insurance companies due to this fact.

passremarkable

dubsfan wrote: »

thats what i thought awec i have since changed insurance companies due to this fact.

how did you not know your insurance wasnt paid for ??how does this happen,and did the insurance co not send you a rejection letter

dubsfan

i never received any letters from them at all. thats the reason i changed insurance companies as i wasnt informed

awec

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dubsfan

no i just got charged for non payment of it. I'll ring the garda again tomorrow id rather get this sorted sooner rather than later just thought someone might have some advice regarding wrong fine notice.

CiniO

It's hard to believe that insurance can be cancelled just like that without any information sent to insured person.
I would thing if they are cancelling insurance for whatever reason, then they must inform the policyholder about it.
Otherwise I doubt insurance can be cancelled.

Wicklowandy

Insurance companies send registered letter with 28 days notice of insurance cancellation after presenting dd twice.

That equates to about 5-6 weeks between not paying and insurance cancelled.

If you come looking for help, and then only present selected 'facts' people are going to be catty.

I dont think youve been 100% honest about what happened.

MugMugs

dubsfan wrote: »

i never received any letters from them at all. thats the reason i changed insurance companies as i wasnt informed

You could have grounds for a complaint here. They are obliged to inform you in writing and it needs to be recorded too IIRC

passremarkable

do you never check your balance, have online banking, know when your insurance is due...

dubsfan

as i said before it was because of their lack of communication that i changed companies. i am now with another company which undercut the original the insurance now isnt the issue its the fine notice that im querying

Reloc8

Mmmm...See, this is why you don't take advice from the internet on this stuff.

OP...you can't get a fixed fine notice for no insurance so forget about getting a fine notice.

Its a mandatory court appearance on foot of charge or summons (will be summons in this case). Expect a summons in the post.

Most likely the garda had issued the tax notice by mistake and forgotten about the insurance until you spoke to them.

Anyway you're looking at a fine of up to €2,500 and disqualification for up to 12 months. If you prove the DD bounced where there is usually money available to pay it and that the insurance company didn't notify you of this, and that you need your licence for work or other good reason the Judge might not disqualify you.

You will also get 5 penalty points. There's no option on that.

dubsfan

i have given all the facts as they are. i take responsibility for not checking that payment had gone through and as stated before im glad i was stopped when i was as things could have been so much worse. my issue is how to proceed regarding fine notice

bobin fudge

you now have cheaper insurance than the original company? That is great, Id have thought it would be dearer now that you have been done for no insurance?

awec

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dubsfan

thanks reloc8 so i should just ignore the tax fine then and await my summons?

readytosnap

Anytime i have not had enough cash in the account to pay a DD i have received a letter within a week from the bank telling me they are charging me x amount for not having it there, also one from whomever didn't get paid also saying they are charging x amount.
So have you now changed your insurance (midway through a policy)? if so did you inform your new insurance company that you have previously had a policy cancelled against you? I think you have to declare these things.
Anyway regardless of all that, go to the station that the garda was from and get the matter resolved officially, no point paying for non tax if you had tax, also how did you retrieve the car? surely you had to pay for that and produce the appropriate insurance?. no doubt this has been a costly lesson,hope you get it sorted.

Reloc8

dubsfan wrote: »

thanks reloc8 so i should just ignore the tax fine then and await my summons?

As I said, don't take advice from people on the internet. Even they don't believe you're telling the full story - nor do I - so why would you believe them ?

Go to a solicitor. Or, if you can't afford any fee they might look to charge, go to the Free Legal Advice Centre (FLAC).

dubsfan

i was stopped by traffic corps as i was moving in slow traffic they said as i drove past it came up as no insurance on their system i showed them my disc and they made some phone calls and came back to me and told me it had been cancelled or stopped.

awec

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Reloc8

Mandatory Court Appearance. Fine of up to €2,500. Disqualification for up to 12 months. Potential Jail Sentence (unlikely if first offence) of up to 6 months. 5 Penalty Points guaranteed.

Go. To. A. Solicitor.

The Internet does not care why you were driving without insurance.

Syllabus

MugMugs wrote: »

Would you consider using a bit of punctuation?

From what I can derive from that post.....

^

captain pedantic everyone:rolleyes:

dubsfan

i explained everything to new insurance company and they had no problem insuring me what so ever. i insured the car the day after it was seized and produced documentation to garda station who gave me release forms to collect my car. it was a very costly experience and one i regret very much

Reloc8

Syllabus wrote: »

^

captain pedantic everyone:rolleyes:

Colonel Point-it-out outranks Captain Pedantic.

I am Field Marshall Stirrer.

OP GO TO A SOLICITOR.

Cartel Mike

If there is an appeal section on the fine , Write down that you have tax . You can get a stamped letter from tax office to say that tax is paid for and up to date. Include this letter in your appeal.


Don't even mention insurance.


Honestly , if you didn't know that your dd had failed, you didn't do this on purpose so I don't know why people here are being so judgemental.

dubsfan

they said i should have received a letter in the post when i explained i didnt understandably they didnt care.

Reloc8

Cartel Mike wrote: »

If there is an appeal section on the fine , Write down that you have tax . You can get a stamped letter from tax office to say that tax is paid for an yo to date. Include this letter in your appeal.

There's no appeal you either pay the fine or not, and if not a summons for the offence issues in due course.

The OP has I think contacted the garda in question to say they got a no-tax FPN as opposed to a no-insurance FPN.

There's no such thing as a no-insurance FPN.

OP will receive summons as above. Penalties are as above. OP should GO TO A SOLICITOR ABOUT THIS.

awec

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dubsfan

i havent yet spoken to the garda that stopped my just briefly explained to another garda over the phone i had received the wrong fine notice i didnt even give my name. anyone know how long generally a summons takes to come

MugMugs

Cartel Mike wrote: »

Honestly , if you didn't know that your dd had failed, you didn't do this on purpose so I don't know why people here are being so judgemental.

I believe that to be a bit unfair.

The OP has received quite a bit of advice..... the best of which was to go to a Solicitor.

Reloc8

If I was being truly judgmental and wanted to punish him I'd have told the OP to telephone the gardai and make sure that they summonsed him for no insurance, as opposed to advising him to go to a solicitor.

dubsfan wrote: »

i havent yet spoken to the garda that stopped my just briefly explained to another garda over the phone i had received the wrong fine notice i didnt even give my name. anyone know how long generally a summons takes to come

Ah well.

Anyway, a summons for no insurance has to be applied for within 6 months of the date of the alleged offence and there is no outside limit for service of it - subject to a general requirement of not being excessively delayed so as to cause prejudice - but it generally arrives within about 12 months. 18 months to 24 months is not however unheard of.

OP...you should GO TO A SOLICITOR.

just by the by - did you definitely have a valid tax disc and it was displayed.













TRICK QUESTION DON'T ANSWER GO TO A SOLICITOR

awec

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dubsfan

yes i did have a valid tax disc. thanks all for replying to me I know driving without insurance is a serious offence and i wasnt looking for a sympathy vote im well aware that i will go to court for it my reason for posting was for advice regarding the fine notices but thank you all for replying

Cartel Mike

Reloc8 wrote: »

There's no appeal you either pay the fine or not, and if not a summons for the offence issues in due course.

The OP has I think contacted the garda in question to say they got a no-tax FPN as opposed to a no-insurance FPN.

There's no such thing as a no-insurance FPN.

OP will receive summons as above. Penalties are as above. OP should GO TO A SOLICITOR ABOUT THIS.

Sorry, I'm a bit like you, I don't fully understand the situation!

I mistakenly thought there was an appeal section in the letter she got.

When insurance is involved I always thought that everyone had ten days to provide proof of insurance. It's a pisser when the dd dosn't go through and driver isn't informed and I would have thought that that alone would be grounds for appeal but I'm not sure.

Just saying that the op hasn't done much wrong here and if the Gardai can't even send the right letter , there's a chance it can be sorted without a solicitor . Those guys are expensive.

awec

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Reloc8

Cartel Mike wrote: »

Just saying that the op hasn't done much wrong here and if the Gardai can't even send the right letter , there's a chance it can be sorted without a solicitor . Those guys are expensive.

Listen, I hear what you're saying but there is no issue arising from the not right letter.

There is no letter for no insurance. It is just a summons to court. Solicitors can be expensive - I am not one by the way - they are unlikely in a case like this to be €2,500 plus 12 months disqualified from driving expensive though.

Wicklowandy

If the car was taxed, show it to guard.

I forgot to produce insurance early in 2011. In september i received 5 summons. No tax, non display of tax, no insurance, non display of insurance, non production of licence.

The car was taxed and displayed, but had no insurance disc. (car borrowed from friend when mine was broken) and id produced licence at roadside.

I had to go to court and show everything to the superintendant outside court. Then it was all struck out.

Go see a solicitor. Assemble your motor tax details, bank statement To prove dd, and if you received no registered notification from ins company and havent changed address and not informed them, complain to the insurance company and if no joy, the insurance ombudsman.

Good luck.

Wicklowandy

Cartel Mike wrote: »

Sorry, I'm a bit like you, I don't fully understand the situation!

I mistakenly thought there was an appeal section in the letter she got.

When insurance is involved I always thought that everyone had ten days to provide proof of insurance. It's a pisser when the dd dosn't go through and driver isn't informed and I would have thought that that alone would be grounds for appeal but I'm not sure.

Just saying that the op hasn't done much wrong here and if the Gardai can't even send the right letter , there's a chance it can be sorted without a solicitor . Those guys are expensive.

No offence, but if you or the OP are unsure of the process and consequences of no insurance, 200-500 to a solicitor is a great investment