Fixed penalty for car just bought..

Trick of the Tail

I bought a car on 3rd Jan that had no current tax or nct, as it had been off the road for a while.

I was stopped at a Garda checkpoint on the 7th, before I'd received the docs back, and have now received fixed penalty notices for non displaying of tax and nct.

After being stopped I got the tax from the start of the month, and booked the nct - which is for April!

How is it fair for me to be fined for non displaying a tax disc when I couldn't possibly have done so having just acquired the car? And for non displaying of an nct when I had it booked but the nct system has a huge backlog?

And what is the legality of the fixed penalty notice, when I have no opportunity to deny my guilt of the alleged offence?

Thanks.

MarkAnthony

Dealing first with the NCT had you got the booking done before you were stopped you might have been able to convince the guard you were doing all you could in that regards. The guard is under no obligation to accept than, neither is the court and the backlog is nowhere near as bad as you suggest; urgent cases are being prioritised to ensure the NCT is done before the due date, I even got my retest in before the due date.

The tax, again if you'd tried to get it before you were stopped you might have had some wiggle room but really if you can't get the documentation sorted out you should have had the car towed to where you were going to store it until it was properly taxed/NCT'd. Either that or buy a car with tax and NCT.

Through your own admission you didnt even try and sort the documentation out until after you were stopped. The law doesn't allow for an excuse, the car shouldn't have been on the road if you couldn't tax it. Speak to a solicitor and see if they can minimise the damage, but if it's sympathy you're looking for I'd move along.

You can put your case forward in court but you might attract a higher penalty, again consult with a solicitor.

whippet

Trick of the Tail wrote: »

And what is the legality of the fixed penalty notice, when I have no opportunity to deny my guilt of the alleged offence?

Thanks.

you can choose not to pay the fixed penalty notice and take it to court and argue your case there.

BTW .. the offence is not displaying tax and not having a current NCT, while there might be mitigating circumstances the alleged offences seem to have actually been committed.

Polo_Mint

When did you apply for the Tax and NCT . Was this before or after you got stopped?

Trick of the Tail

It was after, since I had not yet received the registration doc back in my name.

It arrived a couple of days later, I bought the tax then. I'm afraid u was under the impression that I needed to have tax to be able to book an nct, so I hadn't yet booked that either, but did so when I bought the tax.

Thanks for your thoughts.

MarkAnthony

Trick of the Tail wrote: »

It was after, since I had not yet received the registration doc back in my name.

It arrived a couple of days later, I bought the tax then. I'm afraid u was under the impression that I needed to have tax to be able to book an nct, so I hadn't yet booked that either, but did so when I bought the tax.

Thanks for your thoughts.

Unfortunately then it should have been towed to somewhere to store it until it could be made road legal. Speak to FLAC or a solicitor how best to proceed.

Trick of the Tail

Fair enough, thanks.

slimjimmc

MarkAnthony wrote: »

Unfortunately then it should have been towed to somewhere to store it until it could be made road legal. Speak to FLAC or a solicitor how best to proceed.

I thought even a towed car needs Motor Tax, so he would have to transport the car on a truck or trailer.

Trick of the Tail

Doesn't a car have to be taxed whether on or off the road now?

What then is one supposed to do if one buys a car that's not currently taxed?

slimjimmc

Trick of the Tail wrote: »

Doesn't a car have to be taxed whether on or off the road now?

What then is one supposed to do if one buys a car that's not currently taxed?

Doesn't need to be taxed while off road.

If you buy an untaxed car you can tax it yourself at a motor tax office. You don't need the new log book.
http://www.environ.ie/en/LocalGovernment/MotorTax/Renewal/

Renewing motor tax where there is:
a change in ownership, following completion/dispatch of the relevant change in ownership form, viz. RF200 (pre 1993 vehicles), vehicle licensing certificate (post 1993 vehicles) or vehicle registration certificate (post May 2004 vehicles)
The following are required to renew motor tax in these circumstances:

• Tax renewal Form RF100A available from Motor Tax Offices, Public Libraries and Garda Stations.
• Appropriate fee
• A certificate of roadworthiness /pass statement issued by an authorised tester for all goods vehicles/buses/coaches/ambulances one year old or over. Goods trailers having a design gross vehicle weight exceeding 3,500 kgs, one year old or over.
• A weight docket from an authorised weightbridge (only applies to a new owner of a goods vehicle)
• A goods declaration Form RF111a, available from Motor Tax Office (only applies to a light goods vehicle whose unladen weight does not exceed 1524 kg )
• PSV licence (only applies to small andlarge public service vehicles)
• Article 60 licence (only applies to school buses)
• A certificate of approval from the Revenue Commissioners for a disabled driver/passenger (only applies to an exempt vehicle)

Otherwise leave it there off the road , truck it, trailer it, get the current owner to tax it (with your money if needs be).

Victor

The law's position will be that nobody forced you to drive before you had the paperwork sorted.