Uk reg car impounded in Ireland. What can I do?

Sheepfield101

Hi all. Just looking for any info or advise.
While i was away in OZ my uk reg car got impounded just over the border in CO Cavan. Because my half wit of a brother decided he'd take it for a spin with no road tax or M.O.T....

Anyway, i found out 6 months later when i returned to Belfast.. So i ring the Garda and they tell me the car is gone(Destroyed) and that theirs nothing i can do now. I try to argue my point, that i had no idea my brother was driving it as i was away in OZ, to no joy they tell me again there is nothing i can do. Meanwhile a wee mechanic friend of mine is telling me that they cant dispose of a UK registered car!

Does anyone know exactly what the Garda are legaly able to do. Or what would be my best course of action in this terrible situation? Or have any info or advise that could help me in ANY way possible?

:-/

Stheno

Ask your brother when he is going to give you the money for a new car.

That's about the only thing you can do

_Kaiser_

If the car is destroyed there's not much you can really do now. The Gardai won't care about the circumstances as you've found out, so really it's between you and your brother now I'm afraid.

slimjimmc

I doubt it was seized do to lack of tax or MOT, more likely your brother had no insurance or licence. If you drive on any country's roads you are subject to that country's laws, I don't see why a foreign reg car should be given special privilege that prevents it being impounded or eventually destroyed when the owner fails to claim it back.

I reckon your brother owes you a car.

GrumpyMe

Would doing a "motorcheck" on the vehicle give confirmation that it has been destroyed?
I think it would give the opposite i.e. current status if the vehicle had not been destroyed but had possibly been reregistered and living under an assumed name in a witness protection programme!:D

Stheno

slimjimmc wrote: »

I doubt it was seized do to lack of tax or MOT, more likely your brother had no insurance or licence. If you drive on any country's roads you are subject to that country's laws, I don't see why a foreign reg car should be given special privilege that prevents it being impounded or eventually destroyed when the owner fails to claim it back.

I reckon your brother owes you a car.

Possibly seized for lack of VRT

slimjimmc

I just found a glimmer of hope of getting something to lessen the pain.

http://www.irishstatutebook.ie/2011/en/si/0460.html

Claim by owner after disposal

10. Where, before the expiration of the period of one year commencing on the date of the disposal of a vehicle by the Commissioner, a person satisfies the Commissioner that he or she was the owner of the vehicle at the time of its disposal, the Commissioner shall pay him or her any proceeds from the disposal less the sum of the charges due for the detention, removal and storage of the vehicle and the expenses reasonably incurred in the disposal of the vehicle.

Roger Mellie Man on the Telly

You should slap your idiotic brother about the face with a very large fish.

It's bad enough that he had it confiscated, but he could at least have made efforts to retrieve it. At the very least he could have called you to say what had happened.

Stheno

slimjimmc wrote: »

I just found a glimmer of hope of getting something to lessen the pain.

http://www.irishstatutebook.ie/2011/en/si/0460.html

That might be something alright, depends on the value of the car.

OP what make/model and year was it?

Sheepfield101

Thanks for the response. I dont think i can do much to be honest. Just thought id trow it out there... :-(

bazz26

The best course of action imo is to give your brother a seriously good kick up the hole.



He should be replacing your car so that a lesson earned is a lesson learned.

Little CuChulainn

slimjimmc wrote: »

I just found a glimmer of hope of getting something to lessen the pain.

http://www.irishstatutebook.ie/2011/en/si/0460.html

Fees would be about 5k after six months storage.

Youngblood.III

"Shall pay him or her any proceeds from the disposal"
Don't they crush them, not sell them, a crushed car would be worth sweet F. all

mfceiling

Stheno wrote: »

That might be something alright, depends on the value of the car.

OP what make/model and year was it?

I'm guessing audi A4 tdi or something else from the VAG stable...any takers?

corcaigh1

mfceiling wrote: »

I'm guessing audi A4 tdi or something else from the VAG stable...any takers?

Nah its gotta be something with less value I reckon..

slimjimmc

Little CuChulainn wrote: »

Fees would be about 5k after six months storage.

The car can be disposed of in a matter of weeks, it's unlikely to have been in storage for 6 months.

http://www.irishstatutebook.ie/1994/en/act/pub/0007/sec0041.html#sec41

(3) Notwithstanding any other provisions of this section, a vehicle shall not be disposed of thereunder before the expiration of a period of 6 weeks from the date of its detention or 2 weeks after notice of the intended disposal has been given in the prescribed manner, whichever is the longer.

http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0090.html#sec90

90.— Section 41(3) of the Act of 1994 is amended by substituting “3 weeks” for “6 weeks”

goochy

times like this make me proud of revenue / gardai

goochy

times like this make me proud of revenue / gardai

goochy

times like this make me proud of revenue / gardai

Stheno

goochy wrote: »

times like this make me proud of revenue / gardai

Jaysis, no need to say it so many times!

Atlantic Dawn

A few months ago in the paper there was a lists of cars with registrations that the Gardaí were going to dispose of if the owners didn't contact them, it gave a months notice or so, there was non IRL plated cars in the list.

galljga1

goochy wrote: »

times like this make me proud of revenue / gardai

Goochy is in virtual stutter mode again.

Kalman

Sheepfield101 wrote: »

Hi all. Just looking for any info or advise.
While i was away in OZ my uk reg car got impounded just over the border in CO Cavan. Because my half wit of a brother decided he'd take it for a spin with no road tax or M.O.T....

Anyway, i found out 6 months later when i returned to Belfast.. So i ring the Garda and they tell me the car is gone(Destroyed) and that theirs nothing i can do now. I try to argue my point, that i had no idea my brother was driving it as i was away in OZ, to no joy they tell me again there is nothing i can do. Meanwhile a wee mechanic friend of mine is telling me that they cant dispose of a UK registered car!

Does anyone know exactly what the Garda are legaly able to do. Or what would be my best course of action in this terrible situation? Or have any info or advise that could help me in ANY way possible?

:-/

Speech by Martin Cullen T.D., Minister for Transport
[​IMG]
13 April 2006

The Government has this morning approved the Heads of the new Road Safety Bill, 2006.



5. Detention of uninsured, untaxed, unlicensed vehicles
•Increased powers to allow Gardai impound untaxed, uninsured , unlicensed and uncertified vehicles, including foreign registered cars.

The Bill will close the existing loophole which states that only vehicles 'registered' in the State can be impounded where they do not have valid insurance in place.
Now, all vehicles 'within' the State will be covered.

The measure means that An Garda Síochána can impound vehicles, in the event of their being untaxed, uninsured, being driven by an unlicensed driver, without a valid NCT certificate or DOE certificate.

Sheepfield101

04 vw golf... not so expensive

Stheno

Sheepfield101 wrote: »

04 vw golf... not so expensive

I'd say after all of the storage/disposal costs you'd get next to nothing, still worth trying though

Think storage is charged at about 50 per day, someone else will know

slimjimmc

Stheno wrote: »

I'd say after all of the storage/disposal costs you'd get next to nothing, still worth trying though

Think storage is charged at about 50 per day, someone else will know

http://www.irishstatutebook.ie/2011/en/si/0460.html

€125 for seizure and 1st day storage, €35 per day storage after that. The fees can be waived if the car was taken and used without the owner's consent, but that would mean the OP would have to hang his brother for car theft.

corcaigh1

Sheepfield101 wrote: »

04 vw golf... not so expensive

tdi or petrol?

Bigus

Ask for a certificate of destruction at least .

savagethegoat

your brother might have had the balls to tell you straight away when you might have been able to do something about it.

Victor

Tell the brother to pay for a new car or you report him for theft.

Youngblood.III wrote: »

"Shall pay him or her any proceeds from the disposal"
Don't they crush them, not sell them, a crushed car would be worth sweet F. all

Why would they crush a valuable vehicle when they can get money out of it to cover their costs?

Del2005

Victor wrote: »

Why would they crush a valuable vehicle when they can get money out of it to cover their costs?

They crush them as a deterrent, and governments never do anything to save money to cover the costs as they just increase taxes if it costs too much.