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Road Tax Court Date

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  • 22-03-2013 2:09am
    #1
    Registered Users Posts: 555 ✭✭✭


    Hello all,

    I have a quick question about a Motor Tax Fine that I have incurred. Here is the story. In May last year I purchased a car while waiting for the log book to arrive I drove the car for a few days. Of course I was stopped by a Garda on the 5th of May I explained to him the situation about the log book he checked my license and told me to produce my insurance details to my local Garda station. Which I did a day later. When I got around to taxing the car I didn't back tax it and a Garda signed it off the road for the date I was stopped (5th of May). Then about three months ago I got a court summons about this whole thing.


    I was just wondering what fine I will incur on the court date?

    Thanks in advance
    Tagged:


Comments

  • Registered Users Posts: 28,120 ✭✭✭✭drunkmonkey


    I would contact the Garda that signed that it was off the road immediately and ask their advice. Do it first thing in the morning, give him all the details you can.
    When you actually bought the car will have a big influence, it would work in your favour if you had a receipt from the garage that was close to the 5th of May.
    When did you say the car was off the road until?


  • Registered Users Posts: 1,939 ✭✭✭wingnut


    What is the relevance to Computers & Technology?


  • Registered Users Posts: 82 ✭✭MPB


    Facts I see being presented in court are that you were stopped on the 5th May and they have record of that. You later get the log book and dont back tax it and get a garda to sign it as off the road for the time which includes the date in question. I dont know what you could end up with but its messy. You got any idea who the prosecuting team are or the solicitors they are using for that? Wouldnt be a bad idea to get in contact with them. I aint in the legal profession and cant really give legal advice as Im sure mods would have something to say about it if I did but Id make every effort to work at it and be able to show how you have been working it prior to court date. Yep you need to contact that guard as he's about to land in the sauce aswell. He signed a doc stating your car was off the road when the other guard can prove it wasnt that he stopped you on the day in question. Im making the assumption you drove it all the time prior to having the month written off. It may actually have been the case that you were just moving the car from one location to another and not having drove it the rest of the time. I really dont know. Only you can answer that


  • Registered Users Posts: 555 ✭✭✭tim3000


    wingnut wrote: »
    What is the relevance to Computers & Technology?

    I must have posted this in the wrong forum


  • Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    wingnut wrote: »
    What is the relevance to Computers & Technology?

    +1 OP can you move this to Motors?


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  • Registered Users Posts: 555 ✭✭✭tim3000


    +1 OP can you move this to Motors?

    I am not quite sure how to do that I'm afraid


  • Registered Users Posts: 28,120 ✭✭✭✭drunkmonkey


    Click your fingers behind your back 3 times!


  • Moderators, Technology & Internet Moderators Posts: 11,011 Mod ✭✭✭✭yoyo


    Thread moved now, sorry about the delay :)

    Nick


  • Registered Users Posts: 3,843 ✭✭✭Jimdagym


    I think you are pretty screwed op. Making a false declaration. Best to talk to a solicitor, and pretty quickly too.


  • Registered Users Posts: 5,341 ✭✭✭mullingar


    +1

    A false declaration is a very serious offence.

    Make an appointment to see your solicitor TODAY


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  • Registered Users Posts: 28,871 ✭✭✭✭Quazzie


    MPB wrote: »
    Yep you need to contact that guard as he's about to land in the sauce aswell. He signed a doc stating your car was off the road when the other guard can prove it wasnt that he stopped you on the day in question.
    My understanding of it is that Guard is only acting as a witness to YOU declaring it off the road rather than verifying it was off the road. It shouldn't come back on the guard. All he was doing was witnessing you making a legal statement. In fact a commissioner of the peace can carry out this service too in the absence of a Guard.


  • Registered Users Posts: 17,875 ✭✭✭✭MugMugs


    With the very greatest of respects OP, nobody can predict what a judge will give you.

    Follow the previous advice given and contact a Solicitor straight away.

    What does the summons say out of interest?


  • Registered Users Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    MPB wrote: »
    Yep you need to contact that guard as he's about to land in the sauce aswell. He signed a doc stating your car was off the road when the other guard can prove it wasnt that he stopped you on the day in question. Im making the assumption you drove it all the time prior to having the month written off. It may actually have been the case that you were just moving the car from one location to another and not having drove it the rest of the time. I really dont know. Only you can answer that

    No you don't. The guard merely witnessed the OPs declaration that the car was off the road. The guard can actually give evidence against the OP saying he came into station and signed the declaration stating the car was off the road when it wasn't. The guard isn't in trouble, the OP is.

    There's no team if solicitors dealing with the case, it's the guards that will be taking the prosecution.

    There is nothing you can do to alleviate the matter prior to the court, you can't undo the false declaration and you can't go back to the tax office to pay the tax you owe.

    The fine will be based on how much revenue the state lost as a result of the OPs dishonesty and the mood of the judge. Best advice is to go to court, put your hands up immediately, apologise for your actions, do not try and make excuses as that generally only makes matters worse and hope the judge goes easy on you.


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    yes thats good advice, but see a Solicitor as well.. it's quite serious making a false declaration.

    (time we had declare at outset of off-road period SORN like in the UK)


  • Registered Users Posts: 1,254 ✭✭✭Thatnastyboy


    OP,

    WHY oh WHY would you declare it off the road after you had produced docs to the Gardai that show you were driving during the declared "period of non use"

    By all means I'm partial to the 3 months on 3 months off system, but NEVER do it when you've been stopped and requested to produce. I know its too late now though :o

    I hope they don't hop off you in court, but as said, false declarations are taken quite seriously .. :(


  • Registered Users Posts: 555 ✭✭✭tim3000


    MugMugs wrote: »
    With the very greatest of respects OP, nobody can predict what a judge will give you.

    Follow the previous advice given and contact a Solicitor straight away.

    What does the summons say out of interest?

    It is directing me to appear at the district court to answer about this back tax issue. I know it is quite messy but that is just my luck i guess ha.


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