Stopped at check point, help!!

chris_john_lane

I was stopped at a check point recently. He asked for my license (which I've just realized it's expired).. No tax on car and no NCT.. completely my fault, stupid. He asked me to produce everything in 10 days

Since my dad died in March I've been using his surname as I plan to officially make it my surname or part of it. I gave this surname to the guard as my log book says this name. My insurance does not however(I need to produce this=. Now I'll be going to him with a different surname! What should I do... Damage limitation!! Also my log book has an old address...

magicmushroom

I wouldn't think you'd have to worry about the difference in surname, that's easily explained. I have a maiden name and married name and switch between the 2 when it suits me lol.

Your driving license hasn't expired, just the paper part - you are still legal to drive. Send off for an updated paper license ASAP.

Tax your car immediately - you will need to backdate it so might cost you a chunk but you're going to have to do it.

Book an NCT. You might still get fined for not having one at the time of being pulled over but if you have one booked, they might go easy depending on who you get....

Update your address with the dept of transport, easily done, just need to fill out a form (can't remember if there's a fee) photocopy the form before sending it off so you can show it to the garda.

I think this is all you can really do - expect a fine of some sort, not meaning to sound harsh but it is your own fault for driving with no tax and NCT and you will need to suck it up and take whatever fine is given I'm afraid!

FreudianSlippers

Sensible advice above. In terms of the legal issues, you may want/need to see a solicitor after you produce the documents to the Gardaí

chris_john_lane

Would there be a problem with my log book having my dad's surname(the surname I gave the guard) and my insurance having my surmane (my mother's)...

Also should I produce my licence even tho it's expired?

magicmushroom

chris_john_lane wrote: »

Would there be a problem with my log book having my dad's surname(the surname I gave the guard) and my insurance having my surmane (my mother's)...

Also should I produce my licence even tho it's expired?

Yes you will need to show your license to prove that you are legal to drive.
It's only the paper that has expired - it has to be updated every few years (10 I think?) for the photo to be kept relatively up to date.
I only done mine a couple of weeks ago.
There's more info, including costs, here:
http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driver_licensing/renewing_a_full_driving_licence.html

Take your birth certificate to show your surname and just verbally explain why you gave a different one; I'm sure it won't cause any problems, it's not like you're using a name you've just made up or are trying to steal someone else's identity! Using your Fathers surname is perfectly acceptable.

magicmushroom

I just re-read your post, sorry I didn't see before that your query was the log book name being different to the insurance name.

I think you should probably call your insurance company to check that this is OK and if not, ask them to change your policy to the same name as your log book and send new documents to reflect this. You'll get them in the post within a couple of days.

chris_john_lane

I've a provisional licence, they need to be renewed every two years I think.

I think I'm screwed on the insurance, they could possibly charge me with driving without insurance as names don't match?

magicmushroom wrote: »

I just re-read your post, sorry I didn't see before that your query was the log book name being different to the insurance name.

I think you should probably call your insurance company to check that this is OK and if not, ask them to change your policy to the same name as your log book and send new documents to reflect this. You'll get them in the post within a couple of days.

Bepolite

OP I'm not sure you're giving us all the cold hard facts here.

If you were driving unaccompanied on a provisional + myriad of other issues you have you need to speak to a solicitor. I'd expect a fine and possibly enough points to see you banned. Anything less than this is going to be based on people's good graces, a solicitor will help you ensure you get the maximum benefit of these.

Do not bury your head in the sand and hope this goes away, it won't.

chris_john_lane

I do hope your wrong!

Bepolite wrote: »

OP I'm not sure you're giving us all the cold hard facts here.

If you were driving unaccompanied on a provisional + myriad of other issues you have you need to speak to a solicitor. I'd expect a fine and possibly enough points to see you banned. Anything less than this is going to be based on people's good graces, a solicitor will help you ensure you get the maximum benefit of these.

Do not bury your head in the sand and hope this goes away, it won't.

Bepolite

chris_john_lane wrote: »

I do hope your wrong!

I'm afraid OP I don't think I am. The turning point was you admitting you only have a provisional (or don't even have that if it's expired). That's 6 points before a ban rather than 12.

volchitsa

Can I ask what may seem like a harsh question here? Why do the rest of us bother taxing and insuring our flipping cars if all someone has to do is wait to they actually get caught without it and then get it all backdated?? :mad:

Going by the number of times I get stopped, I'd say I'd have made some serious savings if I only had to backdate a couple of weeks every ten or fifteen years

I'm really angry that the OP has the cheek to expect to get out of this, he should get a jail sentence, in my opinion!

OK, a suspended one, seeing the prisons are so overcrowded it appears. But seriously, like WTF?

sunshine and showers

The different surnames are definitely not your biggest problem. Seel legal advice as I think there's going to be trouble over an expired provisional, no nct, no tax, and driving unaccompanied. Fairly serious trouble too, to be honest.

RossieMan

If you're on a provisional and don't have Tax or an NCT, or insurance( basically if you were alone).
you haven't a leg to stand on.

As above, you'll most likely be banned. Giving different names(even surnames) is definitely not a good idea either.

Bepolite

RossieMan wrote: »

If you're on a provisional and don't have Tax or an NCT, or insurance( basically if you were alone).
you haven't a leg to stand on.

As above, you'll most likely be banned. Giving different names(even surnames) is definitely not a good idea either.

The insurance stands (AFAIK) if someone is driving on a valid learners permit even when unaccompanied. I welcome correction on that fact, I know mine was only 3rd party in that eventuality though. I'm wondering what the effects of having an expired licence is though?

chris_john_lane

I've admitted I am wrong... And I have paid for insurance, I've insured on this car for 2 years.

What I did wrong

- didn't pay car tax
-didn't renew my licence
- used my dad's surname on log book without realising I have used my mother's surname on insurance.. My fault but not done intentially.

I'm looking for advice not a lecture

volchitsa wrote: »

Can I ask what
may seem like a harsh question here? Why do the rest of us bother taxing and insuring our flipping cars if all someone has to do is wait to they actually get caught without it and then get it all backdated?? :mad:

Going by the number of times I get stopped, I'd say I'd have made some serious savings if I only had to backdate a couple of weeks every ten or fifteen years

I'm really angry that the OP has the cheek to expect to get out of this, he should get a jail sentence, in my opinion!

OK, a suspended one, seeing the prisons are so overcrowded it appears. But seriously, like WTF?

FreudianSlippers

You need a solicitor. Thread closed.