Parking Fine while car off the road

moikey

Hi I live in a area where our parking for our household is for public pay and display as well,
I have a permit for parking there, the thing is my car has been off the road for the last few months but I have gotten two parking fines in the last month because I am not showing a recent tax disc,
I am going to the Garda station tomorrow to get them to sign it for off the road.

My question is will I still have to pay the parking fines?

Valetta

If it's still parked on the road, then it's not "off the road" and must be taxed.

moikey

It's parked in a street that has pay and display I have no where else to park it.

CiniO

moikey wrote: »

Hi I live in a area where our parking for our household is for public pay and display as well,
I have a permit for parking there, the thing is my car has been off the road for the last few months but I have gotten two parking fines in the last month because I am not showing a recent tax disc,
I am going to the Garda station tomorrow to get them to sign it for off the road.

My question is will I still have to pay the parking fines?

They are not parking fines.
They are fines for not displaying tax disc.
You will have to pay those fines, and you will have to pay your arrears for tax for this period, as you can't declare you car was off the road - as it was on the road - you park it there.

A word of warning, if you sign the form declaring your car has been off the road, and you use that form to try and get out of tickets given for being on the road. You're gonna run into some problems right there.

moikey

CiniO wrote: »

They are not parking fines.
They are fines for not displaying tax disc.
You will have to pay those fines, and you will have to pay your arrears for tax for this period, as you can't declare you car was off the road - as it was on the road - you park it there.

Sorry yes they are not parking fines, if I got a Garda to sign it and declare it off the road for that period do I not have a case of where would I park my car off the road when the council are using my street where I live as a pay and display parking area for the public?

deandean

Moikey, your car is 'on the road' and not 'off the road'. Unfortunately. If it's on the road you gotta pay tax.

You need to find somewhere to park it.

Is there a car-less neighbour who might facilitate you?

Stheno

moikey wrote: »

Sorry yes they are not parking fines, if I got a Garda to sign it and declare it off the road for that period do I not have a case of where would I park my car off the road when the council are using my street where I live as a pay and display parking area for the public?

No as it's still on a public road, you'd have to find somewhere off a public road to keep it.

moikey

Deleted User wrote: »

A word of warning, if you sign the form declaring your car has been off the road, and you use that form to try and get out of tickets given for being on the road. You're gonna run into some problems right there.

Yes I know this but I live on this street and have a permit to park there.

Guy:Incognito

moikey wrote: »

Yes I know this but I live on this street and have a permit to park there.

Its a public street. For it to be off the road it has to actually be off any public property. Parked on your own driveway/garage/plot of land is "off the road".

Stheno

moikey wrote: »

Yes I know this but I live on this street and have a permit to park there.

But it's classed as a public place, and as the car is not taxed in a public place that is what you are getting fined for

godtabh

.

moikey wrote: »

Yes I know this but I live on this street and have a permit to park there.

But its still on the street!

Its fairly simple. If the car is on a public road it needs to be taxed. If its off the public highway it does not.

If you dont have access to a private non public highway to store the car while its "off the road" it needs to be taxed or you will be fined.

moikey

moikey wrote: »

Yes I know this but I live on this street and have a permit to park there.

The fact that you need a permit to park there means it's a public road. So the car is "on the road". Just because the car has remained the same spot for a number of months, doesn't mean it's "off the road".

moikey

OK I'm screwed

moikey

moikey wrote: »

OK I'm screwed

I'm afraid that is a fact

CiniO

moikey wrote: »

Yes I know this but I live on this street and have a permit to park there.

That's why you don't have to pay parking fees.
But you must keep your car taxed, as it's parked on public road.

Cuddlesworth

moikey wrote: »

OK I'm screwed

Pretty much, you either need to take it off the road or sell it.

Bruthal

Deleted User wrote: »

The fact that you need a permit to park there means it's a public road. So the car is "on the road". Just because the car has remained the same spot for a number of months, doesn't mean it's "off the road".

The tax liability is actually for a vehicle being used on a public road afaik.

Is a car left parked for a month in an area it has a permit for, "in use"?

CiniO

Guy:Incognito wrote: »

Its a public street. For it to be off the road it has to actually be off any public property. Parked on your own driveway/garage/plot of land is "off the road".

Stheno wrote: »

But it's classed as a public place, and as the car is not taxed in a public place that is what you are getting fined for

Cars are required to be taxed when "being used" (which includes "being parked") on "public road". Not "public place".

There is no requirement for cars to be taxed if they are parked on "public place" which is not "public road".

Anyway - I don't think that makes any difference for OP, as from what he described places he parks is "public road".

moikey

CiniO wrote: »

Cars are required to be taxed when "being used" (which includes "being parked") on "public road". Not "public place".

There is no requirement for cars to be taxed if they are parked on "public place" which is not "public road".

Anyway - I don't think that makes any difference for OP, as from what he described places he parks is "public road".

Whats classed as a public place? as it's a residential area where I got the fines.

CiniO

moikey wrote: »

Whats classed as a public place? as it's a residential area where I got the fines.

I imagine "public place" is any place where public has access to.
But I might be wrong about it, beside it's not really relevant to your case.
Only thing which could save you, if place where you park was not a "public road", which I doubt could be the case.

So more important question should be "what is a public road"??

flutered

moikey wrote: »

OK I'm screwed

possibly not, go to the gaurds, explain that you are not driving it, take the distributer cap with you, you may meet an understanding person, never give up until you have to.

Bruthal

I think its ridiculous myself, to have a permit to park, car not in use, and have to pay motor tax on it.

No pollution, no use of or wear of roads etc, just use of a parking space provided via a permit due to the nature of the residency.

In my opinion, that`s not a car in use.

Gingernuts31

Surely there is somewhere u can move it too? Parents, friends, neighbours? If you don't then you may tax it and just leave it parked up with parking permit.

CiniO

flutered wrote: »

possibly not, go to the gaurds, explain that you are not driving it, take the distributer cap with you, you may meet an understanding person, never give up until you have to.

If gards decided to cease the fines because of that, it would be totally unfair for those who pay their tax when parked on public road.

Bruthal

CiniO wrote: »

If gards decided to cease the fines because of that, it would be totally unfair for those who pay their tax when parked on public road.

People who pay their tax are paying it for use of the car, not to park.

Where is a parking permit holder supposed to park, if they declare a car off the road when that system comes in? You think its fair they should pay motor tax for parking an out of use car?

bobin fudge

In england they are looking at, you have to be taxed even if the car is in private property or on your driveway with the wheels off and bricks instead -saw the ads for this a few months ago and in the papers. Not sure if it has come into effect yet

basically if you own a car you pay tax all the time

bobin fudge

robbie7730 wrote: »

People who pay their tax are paying it for use of the car, not to park.

Where is a parking permit holder supposed to park, if they declare a car off the road when that system comes in? You think its fair they should pay motor tax for parking an out of use car?

this has been explained properly in this thread tbf, the road is a public road therefore you need tax. what would be for everyone to not tax their car and say it is off the road whenever a tax fine was imposed when car parked on a public road?

As earlier suggested,rent a parking space in a garage, family/friends drive way etc

djimi

robbie7730 wrote: »

Where is a parking permit holder supposed to park, if they declare a car off the road when that system comes in? You think its fair they should pay motor tax for parking an out of use car?

Its parked on a public road; legally it is defined as being in use. Fair doesnt come into it. Lots of things in life arent fair; its not fair that I pay a ridiculous insurance premium because a load of little bellends gave my car a bad name and scumbags love to steal them, but such is life. No point in whinging about it...

Bruthal

bobin fudge wrote: »

this has been explained properly in this thread tbf, the road is a public road therefore you need tax.

As earlier suggested,rent a parking space in a garage, family/friends drive way etc

Explain how the car is in use if parked in a permit spot for 3 months then?

motortax.ie

When must I pay motor tax?
1A. Liability for motor tax arises when a vehicle is used in a public place/road. Motor tax discs are issued for periods of three, six, or 12 whole calendar months and are not issued in respect of months already elapsed. Vehicles with an annual tax of 99 euro or less can only be taxed for a 12-month period. As discs are issued for whole calendar months, the preferred option on first taxing is to register or first use the vehicle early in a month.

what would be for everyone to not tax their car and say it is off the road whenever a tax fine was imposed when car parked on a public road?

In my opinion, a car with a permit to park due to the residency being what it is, should be looked at differently than someone parking using pay and display.

To expect people to pay the same tax for parking a car up and out of use at their place of residence, as someone driving every day, is ridiculous. Of course we will have the law quoters here who see it as perfectly fair, most likely as it does not ever affect them.

bobin fudge

I dont need to explain anything, Im not saying I agree with it-it is the law and that is fact. Ask all these questions to the guards / court etc and I doubt you will change their minds on your fines.

oh and the irony is my car is not taxed for months due to being off the road, I dont have a drive way or private parking so I rent an underground parking space the last 7 years now

corktina

bobin fudge wrote: »

In england they are looking at, you have to be taxed even if the car is in private property or on your driveway with the wheels off and bricks instead -saw the ads for this a few months ago and in the papers. Not sure if it has come into effect yet

basically if you own a car you pay tax all the time

no you don't , you declare it is off the road (SORNd)

bobin fudge

I saw the add campaigns for this and in the papers at the time, I dont have any sources off hand and as I said in the post, I dont know if this has been carried out yet or if it will be

corktina

you are thinkig about the legislation that now says (in the UK) that your car must be taxed if it is Insured even if it isn't on the road.... otherwise it must be SORNd and woebetide you if they catch you on the road!

CiniO

robbie7730 wrote: »

People who pay their tax are paying it for use of the car, not to park.

According to our beloved government - having a car parked on public road is the same as using it on public road.

Where is a parking permit holder supposed to park, if they declare a car off the road when that system comes in? You think its fair they should pay motor tax for parking an out of use car?

I don't think it's fair. I personally don't agree with motortax at all - I think we shouldn't be paying it. And if there was anything I could do to convince the authorities to abolish motortax - I would.

But fact is that no one really can do anything about it, and rules are in place.
Therefore it would be unfair if one person could get away with paying tax just because he went to garda station and explained his circumstances, while other person in exactly the same circumstances would keep paying tax.

Our man in Havana

The next back seat mod gets a ban from here for a week.

keithclancy

CiniO wrote: »

According to our beloved government - having a car parked on public road is the same as using it on public road.



I don't think it's fair. I personally don't agree with motortax at all - I think we shouldn't be paying it. And if there was anything I could do to convince the authorities to abolish motortax - I would.

But fact is that no one really can do anything about it, and rules are in place.
Therefore it would be unfair if one person could get away with paying tax just because he went to garda station and explained his circumstances, while other person in exactly the same circumstances would keep paying tax.

I think its very necessary, too many cars on the road already.

CiniO

keithclancy wrote: »

I think its very necessary, too many cars on the road already.

And you reckon there would be more if motortax didn't exist?

I hardly believe many people gave up driving because they can't afford motortax.

Our man in Havana

Stick the car on your driveway/garden or in a lock up garage.

This is just another sense of entitlement threads.

Reloc8

robbie7730 wrote: »

I think its ridiculous myself, to have a permit to park, car not in use, and have to pay motor tax on it.

No pollution, no use of or wear of roads etc, just use of a parking space provided via a permit due to the nature of the residency.

In my opinion, that`s not a car in use.

The space is provided for people with permits who tax their cars. Of course the car is in use - in law certainly - but in point of fact its using the car-parking space provided on the public road.

Bruthal

Reloc8 wrote: »

The space is provided for people with permits who tax their cars. Of course the car is in use - in law certainly - but in point of fact its using the car-parking space provided on the public road.

I think its possibly more likely provided for people who fill in the application form and pay the annual fee, €400 is it?

osheen

Just call to your local garda station. they are the only ones able to answer your question/ declare it not in use or otherwise

Reloc8

robbie7730 wrote: »

I think its possibly more likely provided for people who fill in the application form and pay the annual fee, €400 is it?

I wouldn't agree - that's just the fee to have permission to park without being clamped or ticketed.

No more so than if I paid and displayed to park in the same space, I'd have paid the fee to be entitled to park a car there.

None of this has anything to do with whether I've taxed my car.

Parking in these circumstances is still use of the facility of a public road - no more so than in any other instance, people who avail of it also have to have their car taxed.

Bruthal

Reloc8 wrote: »

I wouldn't agree - that's just the fee to have permission to park without being clamped or ticketed.

It is actually a fee you pay after proving you have a residence there. Not a fee simply to park.

So the resident unable to use the car for some reason, and leaving it in the space he pays for, is hardly the same as someone driving every day to the place and parking.

fasttalkerchat

I had a similar problem myself. I left the car in a supermarket car park until it was sold and there was no issue.

Our man in Havana

robbie7730 wrote: »

It is actually a fee you pay after proving you have a residence there. Not a fee simply to park.

So the resident unable to use the car for some reason, and leaving it in the space he pays for, is hardly the same as someone driving every day to the place and parking.

They still need motor tax.

Del2005

CiniO wrote: »

I imagine "public place" is any place where public has access to.
But I might be wrong about it, beside it's not really relevant to your case.
Only thing which could save you, if place where you park was not a "public road", which I doubt could be the case.

So more important question should be "what is a public road"??

Any road that the council /NRA look after. Apartment complexs aren't consider a public road. Some industrial estates and as posted private car parks.

Which is why they have to pay to get abandoned vehicles removed.

Time

moikey wrote: »

Hi I live in a area where our parking for our household is for public pay and display as well,
I have a permit for parking there, the thing is my car has been off the road for the last few months but I have gotten two parking fines in the last month because I am not showing a recent tax disc,
I am going to the Garda station tomorrow to get them to sign it for off the road.

My question is will I still have to pay the parking fines?

All you need to do is get a car cover, they aren't going to bother taking that off to check whether you have a valid tax disc or not

Our man in Havana

You think they would not bother?

h3000

Time wrote: »

All you need to do is get a car cover, they aren't going to bother taking that off to check whether you have a valid tax disc or not

That's asking for trouble I would think. Be it from the authorities or undesirables.

keithclancy

CiniO wrote: »

And you reckon there would be more if motortax didn't exist?

I hardly believe many people gave up driving because they can't afford motortax.

Yes

Sure ffs ... people were trading up to the same car just to save a few quid on motor tax