Fine for non display of tax disc while parked

smndly · 30-07-2013 5:44pm #1

My car was sitting outside my house parked in on-street parking which I pay for every year to the county council. The tax has been out of date by 2 months but I was not using the car. I got a fine in the post this morning saying that I have to pay 60euro for "driving or using a mechanically propelled vehicle" without a valid tax disc, presumably from the traffic warden.

I was not using or driving the vehicle and nor was anyone else. I was about 20miles away when the fine was issued. I don't understand why I have to have the car taxed just to sit in the parking space which I pay for with the engine off. :mad:

Does anyone think I have a chance if I contest this?

MagicMarker · 30-07-2013 5:46pm

No chance.

Greenmachine · 30-07-2013 5:46pm

I would say not a chance. It was on a public road by the sounds of it. That meets the definition of use on a public road.

colm_mcm · 30-07-2013 5:46pm

Nah, your car was in a public place untaxed. You haven't got a leg to stand on.

I am pie · 30-07-2013 5:48pm

You won't get one person here telling you that you can contest this.

Pay up, as you should.

corktina · 30-07-2013 5:50pm

you can contest this

actually no you can't

regress · 30-07-2013 6:10pm

If the car is on a public road it should be taxed. It would have to be "off road" to be exempt. It wasn't. You have no case.

By the way it's a bit impractical to suggest as you seem to be suggesting that fines can only be levied for no road tax while the vehicles are "in motion". Do you mean that traffic wardens should stay there till you drive off and then jump on the Bomnett and put a fine under your wiper as you drive down the road.

biko · 30-07-2013 6:15pm

I've been fined for this myself, was out a week or so

Public road = must have valid tax disc.

visual · 30-07-2013 6:41pm

Got caught on this too.
Once your on a public road garda or traffic warden can slap a fine on it.
Paying the fine is only half the story
They can come back and slap another fine on it.
You will need to tax it or move it off the public road to avoid collecting many more fines.

bazz26 · 30-07-2013 7:28pm

smndly wrote: »

My car was sitting outside my house parked in on-street parking which I pay for every year to the county council. The tax has been out of date by 2 months but I was not using the car. I got a fine in the post this morning saying that I have to pay 60euro for "driving or using a mechanically propelled vehicle" without a valid tax disc, presumably from the traffic warden.

I was not using or driving the vehicle and nor was anyone else. I was about 20miles away when the fine was issued. I don't understand why I have to have the car taxed just to sit in the parking space which I pay for with the engine off. :mad:

Does anyone think I have a chance if I contest this?

What exactly are you contesting?

If your vehicle is parked on a public road then it is required to be taxed and have a valid tax disc displayed on the windscreen. If your car is not in use and not taxed then it needs to be parked on private property.

aujopimur · 30-07-2013 9:21pm

This got me thinking, with the new Irish sorn, will cars need to be off the pubic road when declared so.

Mr Simpson · 30-07-2013 9:23pm

aujopimur wrote: »

This got me thinking, with the new Irish sorn, will cars need to be off the pubic road when declared so.

I'd imagine so

30-07-2013 9:27pm

Just pay up. The government will need a new fleet of Audis, come the new year.

irish bloke · 30-07-2013 9:27pm

aujopimur wrote: »

This got me thinking, with the new Irish sorn, will cars need to be off the pubic road when declared so.

Of course they will.

bumper234 · 30-07-2013 9:29pm

Your car was on the road.

you dad no road tax.

ergo you recieve a fine. Kapeesh????

cadaliac · 30-07-2013 9:31pm

Sorry OP, happened to me too. You will have to pay up or risk bigger fines and a day out in court, if you ignore the warning letters.

Camarillo Brillo · 30-07-2013 9:33pm

You can get them revoked, on two occasions I have been fined for out of date tax while parked on the street in Arklow. both times I photocopied the ticked and posted it to the company, Parkrite, with a letter explaining that I had just purchased the car and was awaiting the log book, it happened to be true. A couple of days letter I received a reply revoking the ticket.

aujopimur · 30-07-2013 9:38pm

irish bloke wrote: »

Of course they will.

Just checked on motortax.ie, it can't be kept in a public place.

SniperSight · 30-07-2013 9:49pm

[Deleted User] wrote: »

Just pay up. The government will need a new fleet of Audis, come the new year.

Maybe they'll get lucky and Audi will supply them for free again, and tax will have nothing to do with that....again.

slimjimmc · 30-07-2013 10:00pm

According to traffic law parking is using, so nothing to appeal.
http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0003.html#sec3

“use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

OldmanMondeo · 31-07-2013 8:06pm

Camarillo Brillo wrote: »

You can get them revoked, on two occasions I have been fined for out of date tax while parked on the street in Arklow. both times I photocopied the ticked and posted it to the company, Parkrite, with a letter explaining that I had just purchased the car and was awaiting the log book, it happened to be true. A couple of days letter I received a reply revoking the ticket.

Parkrite can not fine you for no tax. Only County Councils officials and An Gardai can.

Fred Swanson · 31-07-2013 8:16pm

This post has been deleted.

Camarillo Brillo · 31-07-2013 10:14pm

OldmanMondeo wrote: »

Parkrite can not fine you for no tax. Only County Councils officials and An Gardai can.

Well they did, so you're wrong.

ofcork · 01-08-2013 12:50pm

Will a traffic warden fine you for tax if its within the one month,ive heard of 2 weeks out being fined in cork.

bazz26 · 01-08-2013 1:04pm

ofcork wrote: »

Will a traffic warden fine you for tax if its within the one month,ive heard of 2 weeks out being fined in cork.

There are two separate fines that people seem to get confused with:

1. Failure to display a valid tax disc on the vehicle.
2. The vehicle is not taxed.

A traffic warden will issue a ticket/fine if the disc displayed on the car is not valid at the time i.e. the date on the disc has expired even if the car is taxed but forgot to replaced the old disc. There is no grace period around this afaik.

corktina · 01-08-2013 1:20pm

aujopimur wrote: »

Just checked on motortax.ie, it can't be kept in a public place.

..or a private place now if it hasn't been declared off the road presumably.

ofcork · 01-08-2013 1:23pm

bazz26 wrote: »

There are two separate fines that people seem to get confused with:

1. Failure to display a valid tax disc on the vehicle.
2. The vehicle is not taxed.

A traffic warden will issue a ticket/fine if the disc displayed on the car is not valid at the time i.e. the date on the disc has expired even if the car is taxed but forgot to replaced the old disc. There is no grace period around this afaik.

So therefore is that not an anomaly in the law where a garda will let you go if its within the month and the warden will fine you for the same offence?

corktina · 01-08-2013 1:27pm

i doubt there's any leeway any more ...you have to declare SORD before the disc runs out therefore if you haven't and haven't got a new disc, you can be fined straight away I assume

bazz26 · 01-08-2013 1:32pm

ofcork wrote: »

So therefore is that not an anomaly in the law where a garda will let you go if its within the month and the warden will fine you for the same offence?

Nope. See I don't think an on street traffic warden has the means to check if your car is taxed or not, they are fining you for not displaying a valid tax disc. Your car could still be taxed but you just didn't put up the new disc. The warden is fining you for not displaying the current tax disc.

A Garda can fine you for the above plus can check if the car is taxed and fine you for that too or impound the car if the tax is expired over 2 months. These are two different fines.

ofcork · 01-08-2013 1:52pm

I know they are different as such but if your tax is out by 2 weeks say,a garda will let you go whereas a warden can/will fine you.

Fred Swanson · 01-08-2013 1:55pm

This post has been deleted.

bazz26 · 01-08-2013 3:08pm

ofcork wrote: »

I know they are different as such but if your tax is out by 2 weeks say,a garda will let you go whereas a warden can/will fine you.

It probably all boils down to discretion. A Garda probably has more room for it than a Traffic Warden.

ofcork · 01-08-2013 3:11pm

I think alot of people assume when it says on the renewal form that you have the month to renew that they are ok,and normally they would except for the wardens.

goz83 · 01-08-2013 3:35pm

Sounds like the OP is hoping to contest the fine, because he is paying for the use o the parking spot. Seems a bit unfair to be fined in this way if you have nowhere to park your car other than a public place AND you have a permit for the particular space.

ardmacha · 01-08-2013 4:49pm

goz83 wrote: »

Sounds like the OP is hoping to contest the fine, because he is paying for the use o the parking spot. Seems a bit unfair to be fined in this way if you have nowhere to park your car other than a public place AND you have a permit for the particular space.

Not unfair. he is taking up a space that a taxed motorist might use. If he nowhere to park the car he should tax it or dispose of it.

Guy:Incognito · 01-08-2013 4:53pm

ofcork wrote: »

So therefore is that not an anomaly in the law where a garda will let you go if its within the month and the warden will fine you for the same offence?

A gard could decide to let you away eith lots of things. Doesnt make them any less against the law.

darkhorse · 01-08-2013 5:26pm

ardmacha wrote: »

he is taking up a space.

That he is paying the Council for annually.

Guy:Incognito · 01-08-2013 5:28pm

darkhorse wrote: »

That he is paying the Council for annually.

Paying for a space doesnt mean you no longer have to obey the law. Its notsome magic piece of land .
Hes paying for the use of the space, it doesnt become private property.

Fred Swanson · 01-08-2013 5:30pm

This post has been deleted.

darragh o meara · 01-08-2013 5:34pm

visual wrote: »

They can come back and slap another fine on it.

You will need to tax it or move it off the public road to avoid collecting many more fines.

Yep and now that they knows its there they'll be back every day. You'll keep his ticket quotas up.

corktina · 01-08-2013 5:38pm

Fred Swanson wrote: »

This post has been deleted.

yep and with the new system, that's going to catch a lot of people out...as far as I can see there is no middle ground... you are either taxed or sord'ed.

darragh o meara · 01-08-2013 5:42pm

corktina wrote: »

yep and with the new system, that's going to catch a lot of people out...as far as I can see there is no middle ground... you are either taxed or sord'ed.

My understanding if it is that you can still be untaxed but you will have to pay the arrears if your not Sorn'd

regress · 01-08-2013 5:48pm

darragh o meara wrote: »

My understanding if it is that you can still be untaxed but you will have to pay the arrears if your not Sorn'd

There is a grace period till Sept. You can still declare retrospectively that your car was "off road"

regress · 01-08-2013 5:52pm

Camarillo Brillo wrote: »

You can get them revoked, on two occasions I have been fined for out of date tax while parked on the street in Arklow. both times I photocopied the ticked and posted it to the company, Parkrite, with a letter explaining that I had just purchased the car and was awaiting the log book, it happened to be true. A couple of days letter I received a reply revoking the ticket.

Sad that you would do this anonymously on a public forum but am pretty sure that you are lying. Don't think that private companies are allowed to charge motorists for not having road tax.

Fred Swanson · 01-08-2013 5:54pm

This post has been deleted.

regress · 01-08-2013 5:59pm

Fred Swanson wrote: »

This post has been deleted.

Ok. Retract my previous accusation. You could be right. ****ing outsourcing.

2012paddy2012 · 01-08-2013 6:17pm

smndly wrote: »

My car was sitting outside my house parked in on-street parking which I pay for every year to the county council. The tax has been out of date by 2 months but I was not using the car. I got a fine in the post this morning saying that I have to pay 60euro for "driving or using a mechanically propelled vehicle" without a valid tax disc, presumably from the traffic warden.

I was not using or driving the vehicle and nor was anyone else. I was about 20miles away when the fine was issued. I don't understand why I have to have the car taxed just to sit in the parking space which I pay for with the engine off. :mad:

Does anyone think I have a chance if I contest this?

Not a hope in hell. You are so lucky and fortunate not to have got more . I know if I was the traffic warden in your area I would have given you 60 fines one for each day you committed a traffic offence.
All those that comply with the law and pay the bloody awful tax would appreciate it I'm sure ... Break the law take the consequences ... It's black and white ...

2012paddy2012 · 01-08-2013 6:19pm

Fred Swanson wrote: »

There is no month to renew. You are supposed to be taxed continuously. They send you the notice a month beforehand so there are no excuses.

They are not obliged to send notices either only a good will gesture

blade1 · 01-08-2013 6:51pm

What's the story so when you are just after buying a car with no tax?
Must you wait until you get the reg. form before you can even park it outside your house?

wandatowell · 01-08-2013 6:52pm

Freeman!

2012paddy2012 · 01-08-2013 6:55pm

blade1 wrote: »

What's the story so when you are just after buying a car with no tax?
Must you wait until you get the reg. form before you can even park it outside your house?

It's black and white dude. No current tax displayed - offence - ticket .... Cops can use discretion ... Traffic wardens don't have that option ... Take your chance ... I

Fine for non display of tax disc while parked

Comments