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gaurds took my car

  • 15-07-2014 2:06am
    #1
    Registered Users, Registered Users 2 Posts: 7


    My boyfriend got my car impounded by the garda but the car is not yet in my name I have no log book and I don't know who the owner was it also had no tax or insurance how do I get it out will there be a problem


«1

Comments

  • Closed Accounts Posts: 6,720 ✭✭✭Sir Arthur Daley


    How did you acquire the car in the first place?


  • Registered Users, Registered Users 2 Posts: 7 Steviemcl


    How did you acquire the car in the first place?
    The original ower sold it and I bought off the person they sold it to and they lost the log book


  • Registered Users, Registered Users 2 Posts: 2,674 ✭✭✭Skatedude


    i dont think you will be able to get it released without the log book and the fee's will be building up while you are waiting.
    As for no tax or insurance? they are really clamping down on this so expect fines etc and worse, and the car can be crushed after 6 weeks. the standard fees were 125 euros for the first day and 25 euro per day. and that dosent include any fines for no tax, insurance etc.

    Why was your boyfriend using it if it wasnt taxed or insured?


  • Closed Accounts Posts: 6,720 ✭✭✭Sir Arthur Daley


    Steviemcl wrote: »
    The original ower sold it and I bought off the person they sold it to and they lost the log book

    That is a train wreck, why would you buy a car without a log book following it?


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Steviemcl wrote: »
    car impounded...car is not yet in my name...no log book...don't know who the owner was...no tax or insurance...will there be a problem
    :pac:


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  • Registered Users, Registered Users 2 Posts: 22,438 ✭✭✭✭endacl


    Who did you buy the keyboard from OP? Definitely needs the <full stop> and <comma> keys seen to.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    That is a train wreck, why would you buy a car without a log book following it?
    If this user got the train, it would get a puncture.


  • Registered Users, Registered Users 2 Posts: 22,438 ✭✭✭✭endacl


    Ok, I suppose its time somebody called shenanigans on this thread...

    OP, you're just having a laugh, right?


  • Registered Users, Registered Users 2 Posts: 20,661 ✭✭✭✭kneemos


    How do you know the car even belonged to whoever you bought it from?


  • Registered Users, Registered Users 2 Posts: 20,661 ✭✭✭✭kneemos


    How do you know the car even belonged to whoever you bought it from?


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  • Registered Users, Registered Users 2 Posts: 972 ✭✭✭Digital Society


    That is one hell of a mess. Your boyfriend is an idiot for driving around with no Tax and Insurance.

    Probably gonna be crushed and youll be sent a bill for a few thousand. Thats without the fines for driving with no tax and insurance.

    Maybe youll think twice about driving without tax and insurance in future.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    You will be going to court for allowing your boyfriend drive car without insurance. You will be charged for offences eg no tax no tax displayed , nct offences etc. your boyfriend will be charged for driving without insurance - tax etc and other offences.

    You will be hit with a large bill for seizure and storage by guards.

    If you can prove it's your you can probably get a tow truck to collect it as it obviously should not be on a public road

    Lastly you got what you deserved. Thank god your boyfriend didn't do any damage or injury anyone. Good work by the cops .


  • Registered Users, Registered Users 2 Posts: 4,881 ✭✭✭TimeToShine


    You basically took the keys of a car and now you're wondering where your legal backing is with regards to getting it back?

    You're going to court anyway. If there's no proof it's in your name and it's a banger then dump it.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    You basically took the keys of a car and now you're wondering where your legal backing is with regards to getting it back?

    You're going to court anyway. If there's no proof it's in your name and it's a banger then dump it.

    Agreed


  • Registered Users, Registered Users 2 Posts: 107 ✭✭henryd65


    You basically took the keys of a car and now you're wondering where your legal backing is with regards to getting it back?

    You're going to court anyway. If there's no proof it's in your name and it's a banger then dump it.

    How is the op going to court if there is no registered connection between op and car ?


  • Registered Users, Registered Users 2 Posts: 22,438 ✭✭✭✭endacl


    henryd65 wrote: »
    How is the op going to court if there is no registered connection between op and car ?

    Somebody's going to court! It won't be the previous owner, as it wasn't his boyfriend who acted the muppet.


  • Registered Users, Registered Users 2 Posts: 4,881 ✭✭✭TimeToShine


    henryd65 wrote: »
    How is the op going to court if there is no registered connection between op and car ?

    I meant she would be going to court if any link is found between her and the car, ergo if there is no connection to be found she should leave it be.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    I meant she would be going to court if any link is found between her and the car, ergo if there is no connection to be found she should leave it be.
    In that case I suppose it'll be the dude found in the car. He's the one who was nabbed driving it on a public road. None of what has been mentioned so far would bring any penalty back to her anyway.


  • Registered Users, Registered Users 2 Posts: 1,121 ✭✭✭ghogie91


    Your BF is going to court as there is no connection with you and the car. The owner who is registered as the official log book will also be dragged into it.

    If this is a stolen car you will also be dragged into this situation. Do you have any proof of purchase at all incase of worst case scenario, you being look at as a car snatcher?

    This could end up more legal than a no tax/insurance offence.


  • Registered Users, Registered Users 2 Posts: 37,269 ✭✭✭✭BorneTobyWilde


    How old is car, are we talking about a 200 euro banger or a 2008 bmw 530 ?


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  • Registered Users, Registered Users 2 Posts: 867 ✭✭✭sundula


    If the cars not in your name then walk away, let the Garda send bills and fines to who ever the car is registered too.

    It really depends how much you have invested into the car.


  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    henryd65 wrote: »
    How is the op going to court if there is no registered connection between op and car ?
    Well naturally the question is going to come up as to how the OP's boyfriend came to be driving the vehicle.

    And the trail of breadcrumbs will lead back to the OP. Allowing the boyfriend to drive the vehicle uninsured is an offence in itself, so the original owner(s) will happily say that they sold the vehicle onto someone else.

    At that point the boyfriend can either say that the OP owns the vehicle, that he owns the vehicle or he can be charged with unlawful taking of a vehicle. Pretty obvious which one he'll go for.

    The OP will be legally off the hook, but I doubt her boyfriend is going to stump up the cash for the fines.


  • Registered Users, Registered Users 2 Posts: 53,835 ✭✭✭✭tayto lover


    Thank God there's 2 more uninsured drivers off the road.


  • Registered Users, Registered Users 2 Posts: 7 Steviemcl


    I got the car back today without log book for 125 euro and drove it right outta the cop shop so do research before givin idiotic answers


  • Registered Users, Registered Users 2 Posts: 848 ✭✭✭ravima


    Are you for real? no tax and you simply pay €125 and drive away?


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    ravima wrote: »
    Are you for real? no tax and you simply pay €125 and drive away?
    You forgot about the lack of insurance and a log book.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Steviemcl wrote: »
    I got the car back today without log book for 125 euro and drove it right outta the cop shop so do research before givin idiotic answers

    You should probably expect a summons. More than one actually. A lot more.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    Photocopy receipt for fee you paid, before insulting people giving their opinions.
    Post here. Don't believe a word of it.


  • Registered Users, Registered Users 2 Posts: 2,408 ✭✭✭Westernyelp


    Steviemcl wrote: »
    I got the car back today without log book for 125 euro and drove it right outta the cop shop so do research before givin idiotic answers

    And Garth Brooks gave ya a lift in to collect it I suppose


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  • Registered Users, Registered Users 2 Posts: 24,633 ✭✭✭✭punisher5112


    The impound is like prison the op probably got it out due to overcrowding.

    Wow some must think the internet is stupid:P

    Some great advice and answers on here if this did happen the car would have to be driven away by a fully licensed and insured for that specific car.

    They are not doing this enough as there are some amount driving around illegaly.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Photocopy receipt for fee you paid, before insulting people giving their opinions.
    Post here. Don't believe a word of it.

    It's likely correct. €125 is the impound fee. It can only be driven out if it has been taxed and insured since it was seized, otherwise it must be towed.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    Hold tight till you see receipt here. You won't.


  • Closed Accounts Posts: 6,219 ✭✭✭pablo128


    I've driven an untaxed motorcycle out of Ballyfermot Garda station after paying the fee. No problems at all.


  • Registered Users, Registered Users 2 Posts: 24,633 ✭✭✭✭punisher5112


    pablo128 wrote: »
    I've driven an untaxed motorcycle out of Ballyfermot Garda station after paying the fee. No problems at all.


    Insurance is a must.
    They could do you for tax the minute you leave:pac:


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Insurance is a must.
    They could do you for tax the minute you leave:pac:

    They won't allow the car to leave unless it's taxed.


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  • Closed Accounts Posts: 6,219 ✭✭✭pablo128


    They won't allow the car to leave unless it's taxed.
    They will once you pay the fee. I've done it, and seen others do it. If you get stopped again, it's your own lookout.


  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    If you pull a sob story about how you're waiting for the paperwork to come through and it'll be weeks before you actually have the documentation to tax it, they'll probably let you pay the impound fee and drive out with it. They're not nazis about this stuff.

    However, taking the car out doesn't mean that the OP won't receive fines and summons. She has in effect admitted liability now to all of the charges.


  • Registered Users, Registered Users 2 Posts: 38,244 ✭✭✭✭Guy:Incognito


    That's handy so. might head down and have a root around the recent arrivals and see does anything take my fancy. €125 for a new car sounds like a good deal.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    pablo128 wrote: »
    I've driven an untaxed motorcycle out of Ballyfermot Garda station after paying the fee. No problems at all.

    Not in the last five years you haven't. They don't even bring the vehicles back to stations anymore.


  • Closed Accounts Posts: 6,219 ✭✭✭pablo128


    Not in the last five years you haven't. They don't even bring the vehicles back to stations anymore.
    Agreed. It was a good few years ago now. But the B.I.L. did get his car back out of the pound about 6 months ago, without taxing it first. It was insured properly of course.


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  • Registered Users, Registered Users 2 Posts: 1,390 ✭✭✭h2005


    pablo128 wrote: »
    Agreed. It was a good few years ago now. But the B.I.L. did get his car back out of the pound about 6 months ago, without taxing it first. It was insured properly of course.

    He got it back if it was towed back.


  • Closed Accounts Posts: 6,219 ✭✭✭pablo128


    h2005 wrote: »
    He got it back if it was towed back.
    Oh you know him then, do you?

    Let me be a little clearer. His car was taken off him for having no tax for more than 2 months. He went to the pound the next day, and paid the feee plus a days storage. He drove his car out the gate and home, still untaxed.

    There was no towrope or trailer used at all.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    pablo128 wrote: »
    Oh you know him then, do you?

    Let me be a little clearer. His car was taken off him for having no tax for more than 2 months. He went to the pound the next day, and paid the feee plus a days storage. He drove his car out the gate and home, still untaxed.

    There was no towrope or trailer used at all.

    He has not got the car back.its a bluff


  • Registered Users, Registered Users 2 Posts: 1,390 ✭✭✭h2005


    pablo128 wrote: »
    Oh you know him then, do you?

    Let me be a little clearer. His car was taken off him for having no tax for more than 2 months. He went to the pound the next day, and paid the feee plus a days storage. He drove his car out the gate and home, still untaxed.

    There was no towrope or trailer used at all.

    I dont but if he's saying he simply drove it from the pound untaxed I'd say he's not telling the truth.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    h2005 wrote: »
    I dont but if he's saying he simply drove it from the pound untaxed I'd say he's not telling the truth.

    Correct


  • Closed Accounts Posts: 6,219 ✭✭✭pablo128


    Here it is lads. What makes Boards tick. An actual link! Imagine that!
    http://www.irishstatutebook.ie/2011/en/si/0460.html
    3. A member of the Garda Síochána is authorised in the case of a mechanically propelled vehicle referred to in section 41(1) of the Act of 1994 to detain, remove and store the vehicle and to make an arrangement with any other person for such detention, removal or storage.


    Release of vehicle


    4. Subject to Regulation 6 and 7, a vehicle which has been detained, removed and stored in accordance with Regulation 3 shall not be released until the person claiming the vehicle—


    (a) pays the charges in respect of the detention, removal and storage of the vehicle in accordance with Regulation 5, and


    (b) produces to the member of the Garda Síochána or to the authorised agent who is in charge of the place at which the vehicle is kept—


    (i) the vehicle registration book, vehicle licensing certificate or vehicle registration certificate which names the registered owner of the vehicle,


    (ii) photographic identification showing the person to be the owner named, and


    (iii) where the owner or another person intends to drive the vehicle away—


    (A) a driving licence licensing the intending driver to drive the vehicle, and


    (B) an approved policy of insurance in respect of the use of the vehicle by the intending driver.


    Charges for detention, removal and storage


    5. (1) Subject to Regulation 6 and 7, where a vehicle has been detained, removed and stored in accordance with Regulation 3, the owner of the vehicle shall pay to the Commissioner the following charges:


    (a) in the case of a vehicle with a design gross weight not exceeding 3,500 kg—


    (i) €125in respect of its detention, removal and storage for one day or a part of a day, and


    (ii) €35in respect of each further day or part of a day that it is stored;

    Now lads, would you kindly point out where it says the car must be taxed before you drive it out of the pound?


  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Here is what you were looking for. Road Tax is not required by the Road Traffic Act but by the Finance (Excise Duties) (Vehicles) Act, 1952 which is referred to in your own quote. So yes, the car does indeed need to be taxed.

    (http://www.irishstatutebook.ie/1952/en/act/pub/0024/sec0001.html#sec1)


    1.—(1) On and after the 1st day of January, 1953, there shall, subject to the provisions of this Act, be charged, levied and paid in respect of mechanically propelled vehicles used on public roads duties of excise at the rates specified in the Schedule to this Act.

    (2) (a) Subject to paragraph (b) of this subsection, the duties charged under this section shall be paid annually upon licences to be taken out by the person keeping the vehicle.

    (b) A licence may be taken out in respect of a vehicle (not being a tramcar or a vehicle on which a duty of five shillings is chargeable) for such periods of the year and on payment of duty at such rates as the Minister for Local Government may by regulations prescribe, but—

    (i) a rate of duty so prescribed shall be such as to bear to the full annual duty no less proportion than the period of the licence bears to a year, and

    (ii) the rate of duty so prescribed for a licence for a vehicle for one quarter of the year only shall not exceed thirty per cent. of the full annual duty.


  • Closed Accounts Posts: 6,219 ✭✭✭pablo128


    Lmklad wrote: »
    Here is what you were looking for. Road Tax is not required by the Road Traffic Act but by the Finance (Excise Duties) (Vehicles) Act, 1952 which is referred to in your own quote. So yes, the car does indeed need to be taxed.

    (http://www.irishstatutebook.ie/1952/en/act/pub/0024/sec0001.html#sec1)


    1.—(1) On and after the 1st day of January, 1953, there shall, subject to the provisions of this Act, be charged, levied and paid in respect of mechanically propelled vehicles used on public roads duties of excise at the rates specified in the Schedule to this Act.

    (2) (a) Subject to paragraph (b) of this subsection, the duties charged under this section shall be paid annually upon licences to be taken out by the person keeping the vehicle.

    (b) A licence may be taken out in respect of a vehicle (not being a tramcar or a vehicle on which a duty of five shillings is chargeable) for such periods of the year and on payment of duty at such rates as the Minister for Local Government may by regulations prescribe, but—

    (i) a rate of duty so prescribed shall be such as to bear to the full annual duty no less proportion than the period of the licence bears to a year, and

    (ii) the rate of duty so prescribed for a licence for a vehicle for one quarter of the year only shall not exceed thirty per cent. of the full annual duty.
    It is an offence to drive your car without tax. I think we're all agreed on that. However, as I quoted, you do not need tax to retrieve it after it has been siezed for no tax.
    I will say it's a slightly bizarre situation, but there you go.


  • Registered Users, Registered Users 2 Posts: 1,847 ✭✭✭desbrook


    If the car was towed out by a friend or whatever would it need tax?


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    pablo128 wrote: »
    It is an offence to drive your car without tax. I think we're all agreed on that. However, as I quoted, you do not need tax to retrieve it after it has been siezed for no tax.
    I will say it's a slightly bizarre situation, but there you go.
    Surely the guards would then stop you as soon as you leave the compound and take the car again? :confused:


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