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Court Summons No NCT No Tax

  • 09-07-2014 6:15pm
    #1
    Registered Users, Registered Users 2 Posts: 335 ✭✭


    Hi, this is a long one, apologies in advance.

    Back in April we had just moved house. My little fella, 10, was missing his old home, not taking the move very well at all and he was being bullied in school. Anyway long story short he 'ran away.' It is totally out of character for him (he's a quiet caring little dude) and I panicked. I have two other kids so I bunged them into the car and drove after him.

    The car was a busted up mess that hadn't been driven in months, we were saving up to get it fixed or buy a new one. There was no tax nor nct on it, but I hadn't bothered canceling the insurance as I thought it would mess with my no claims bonus.

    Anyway, I got the young fella 50 yards up the road, already on his way back. Turned the car and noticed a squad car behind me.

    I pulled over, at this stage me and the kids were crying ( I think my son scared himself as much as he scared me) and I apologised to the guards and explained what was happening.

    One of them was really nice and kept telling me not to worry, the other wasn't particularly nice and kept asking why did he run away, what was the reason, what did I do?

    I understand that they have to check that I am not abusing the kids but we are a quiet family, never been in trouble, my kids are all well behaved and this was a horrific event for us.

    I was told to present my license (which was in my purse at home), which I did. I received a fine for the tax, and paid it.

    Today I received a summons. I am terrified. I have never been to court so don't know what to expect. We gave away the old car and bought a new one (it is taxed, ncted and insured.) What is going to happen? Will I lose my license?


Comments

  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    You'll probably get a fine for the no tax, and a fine and 5 penalty points over the NCT. You can also expect to see your case reported in the local press if it's a dull week.
    You won't lose your licence over this unless you've already accumulated enough penalty points that the 5 NCT points put you over the limit.

    PS appropriate username NickD :pac:


  • Registered Users, Registered Users 2 Posts: 335 ✭✭NickD


    slimjimmc wrote: »
    You'll probably get a fine for the no tax, and a fine and 5 penalty points over the NCT. You can also expect to see your case reported in the local press if it's a dull week.
    You won't lose your licence over this unless you've already accumulated enough penalty points that the 5 NCT points put you over the limit.

    I don't have any penalty points so that's a relief. I know it was a stupid decision to make, and I regret doing it but I wasn't thinking straight


  • Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    NickD wrote: »
    I don't have any penalty points so that's a relief. I know it was a stupid decision to make, and I regret doing it but I wasn't thinking straight

    Just tell your story to the judge. There not all bad!


  • Registered Users, Registered Users 2 Posts: 723 ✭✭✭Luke92


    Judge will most likely be sympathetic if he believes you are genuine (just tell it as it is and he will be able to make his own decisions on experience).

    That guard doesn't sound too nice. Certainly sounds as if he hadn't a clue how to handle the situation.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    I should add that if you are convicted for no NCT the 5 penalty points are mandatory, the judge has no power to alter the number of points other than by not convicting. 5 points is very likely to increase your insurance premiums come renewal time. Get a good solicitor and, as above, telling your story could make a difference.


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  • Registered Users, Registered Users 2 Posts: 335 ✭✭NickD


    slimjimmc wrote: »
    I should add that if you are convicted for no NCT the 5 penalty points are mandatory, the judge has no power to alter the number of points other than by not convicting. 5 points is very likely to increase your insurance premiums come renewal time.

    I don't mind that to be honest, I made a stupid decision, and I'll pay for it. I just don't want to lose my license over it


  • Registered Users, Registered Users 2 Posts: 335 ✭✭NickD


    Luke92 wrote: »
    Judge will most likely be sympathetic if he believes you are genuine (just tell it as it is and he will be able to make his own decisions on experience).

    That guard doesn't sound too nice. Certainly sounds as if he hadn't a clue how to handle the situation.

    As I said one guard was lovely the other guy made out that I was a terrible mother who was beating her children and seemed to only half listen to me. I even showed them that the car had no petrol (told you I wasn't thinking straight!)


  • Registered Users, Registered Users 2 Posts: 6,710 ✭✭✭flutered


    did you no state that you have paid a fine for no tax on that date, which you have paid, i do not think that you can be summoneses agin on that one, get a solicitor, the judges always seem to add the cost of a solicitor to the fine if you do ot have one, make sure that the solicitor tells the story as you have set it out, sometimes they do not.


  • Registered Users, Registered Users 2 Posts: 335 ✭✭NickD


    flutered wrote: »
    did you no state that you have paid a fine for no tax on that date, which you have paid, i do not think that you can be summoneses agin on that one, get a solicitor, the judges always seem to add the cost of a solicitor to the fine if you do ot have one, make sure that the solicitor tells the story as you have set it out, sometimes they do not.

    I haven't spoken to my solicitor yet. I only got the summons at half 5 so her office was closed I'll call her tomorrow.


  • Registered Users, Registered Users 2 Posts: 335 ✭✭NickD


    Hi guys, just wanted to update. I was in court on Wednesday. All the charges were struck out. Hooray!! I have learned my lesson though, never, ever want to face a court date again. It was a really scary experience. Also just wanted to thank you all for your help.


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  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Sound, glad it worked out for you. Thanks for letting us know.


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