NO NCT

barbie13

Hi Guys,
I was involved in a crash last week and the car behind hit me. The crash was not in anyway my fault, the other party has accepted liability but Gardai was at the scene and brought the cars involved to the pound, they would only release it if it was brought out of the pound by a recovery vehicle due to NO NCT. I had to pay €250 to the pound for my car being there, and €150 to the recovery truck to bring my car home. My car is now up at a local garage being fixed due to crash and i had an NCT date booked for Good Friday but had to cancel as car was not ready for it. i rang the NCT centre for another one and they wont have one til the end of June . Gardai have said that i could be facing prosecution for no NCT on my car. And when my car is released from the garage i still wont have an NCT on it as the next available date is JUNE. Basically my question is:

Can You be prosecuted twice over the same offence? of having no NCT on my car. as when i get it out of the garage i will have to wait til JUNE for the next available date in the NCT centre and if i am stopped in the meantime can the Gardai prosecute me twice even tho they NCT centre is booked up til June. I need my Car as i live in the country with kids. and need it to get to appointments, playschools etc.

Any help would be appreciated please :-)

Stheno

I'd imagine you can, it's the same offence but occured repeatedly as you are driving the car with no nct on different dates and times.

It's five penalty points per offence btw, get done twice for it and you'll have ten.

It's also a mandatory court appearance.

On the NCT booking, they are obliged to give you a free test if they cannot book you one within four weeks at a centre of your choice, if you call them up and mention this, you'll be put on a list for cancellations and/or given a test within four weeks. You could carry proof of the booking if you are stopped by the police.

timmy4u2

How long out of date was your NCT. That would be a crucial element of any opinion given.

I also assume that at the time of the accident you had already cancelled the NCT appointment and that you had not rebooked a date. Am I correct?

billy few mates

On the NCT booking, they are obliged to give you a free test if they cannot book you one within four weeks at a centre of your choice, if you call them up and mention this, you'll be put on a list for cancellations and/or given a test within four weeks.

Where does it say that...?

barbie13

Hiya, Thanks for the reply, The NCT centre has put me on a priority list, and cannot give me a definite date in June as they only get there lists for the centers next week.

No Pants

Stheno wrote: »

It's five penalty points per offence btw, get done twice for it and you'll have ten.

It's also a mandatory court appearance.

Don't forget he already has five points due now because of the crash. Could possibly see a jump in the insurance premium too.

barbie13

Timmy4u2 :

The NCT test was cancelled after the accident as the garage told me it wouldnt be ready for it.

challengemaster

barbie13 wrote: »

Can You be prosecuted twice over the same offence?

Of course you can. If you get caught speeding today, it doesn't mean you're immune from being caught speeding tomorrow also.

It's the same offence but occurring at different times/places.

No Pants

barbie13 wrote: »

Timmy4u2 :

The NCT test was cancelled after the accident as the garage told me it wouldnt be ready for it.

When did the previous cert expire is what he was asking.

Stheno

billy few mates wrote: »

Where does it say that...?

From the nct website

Ensure that the average lead time for an appointment at an individual test centre is less than three weeks and no greater than four weeks. The customer will be provided with a test free of charge where an appointment cannot be offered within a four week period provided that:

• The Customer has not declined a test appointment (either confirmed or provisional) more than twice, at a centre of their choosing, for the test due at this time

• The Customer has not previously accepted a booking outside of the 4 week period.

barbie13 wrote: »

Hiya, Thanks for the reply, The NCT centre has put me on a priority list, and cannot give me a definite date in June as they only get there lists for the centers next week.

Call them back, and if they can't give you an appointment within four weeks, ask if the test will then be free.

They will most likely find an appointment rather than stump up for a free test

vickers209

Where are you based

If its dublin theres a slot free at 8.20 in northpoint tomorrow week

billy few mates

• The Customer has not previously accepted a booking outside of the 4 week period.

What does this mean.....?
Does it mean that if I have ever had to accept a date outside the 4 week period I can never then demand one within the 4 week period...?

Stheno

billy few mates wrote: »

What does this mean.....?
Does it mean that if I have ever had to accept a date outside the 4 week period I can never then demand one within the 4 week period...?

Yeah basically.

So if you ring up and they give you an appointment in six weeks time and you accept it, you can't then say, I want one in four weeks, you'd have to refuse the six week appointment and ask for one within four weeks or a free test

timmy4u2

No Pants wrote: »

When did the previous cert expire is what he was asking.

Yep, as these offences are determined by a district justice the length of time that it was out of test will be a deciding factor as that will determine if the delay in getting the test was yours or if it was the fault of the NCTS.

It goes without saying that the system is a shambles but if you are to take advantage of the shambles you must show thapt you are not at fault.

Again how long was it out of date?

billy few mates

Well that's not a lot of use then, I'm pretty sure in the past I've accepted whatever date I could get, and I'm sure some of these dates would be more than four weeks, by doing this I've now waived my right to be treated in accordance with their customer charter for ever...?

This makes no sense, I once bought a dodgy chicken sandwich in the garage across the road, the fact that I did this doesn't now give them the right to sell me a dodgy chicken sandwich every time I come in....!

ceegee

billy few mates wrote: »

Well that's not a lot of use then, I'm pretty sure in the past I've accepted whatever date I could get, and I'm sure some of these dates would be more than four weeks, by doing this I've now waived my right to be treated in accordance with their customer charter for ever...?

This makes no sense, I once bought a dodgy chicken sandwich in the garage across the road, the fact that I did this doesn't now give them the right to sell me a dodgy chicken sandwich every time I come in....!

No, it only applies to the current booking. If you accept a booking 5 weeks away you cant go back tomorrow and look for a more recent one.

It doesnt affect any future test bookings