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Fixed charge notice for no NCT

  • 22-10-2015 11:23am
    #1
    Registered Users, Registered Users 2 Posts: 7


    I had my car for sale a few weeks back, it had no tax or NCT as I was in Australia for the last year! a man came to view it and brought it for a test drive, he loved the car, he then drove it to town to a petrol station to use the ATM to withdraw money for a deposit, the car was parked in the petrol station car park and I had the keys in my pocket.
    The man paid a deposit and left, I sat in with my friend waiting for my uncle to come in and bring the car home on his recovery Lorry.
    While I was waiting a Garda traffic corp car pulled in and pulled up to my car. I walked over and explained the situation, I told him that my uncle was collecting it and that a man test drove it from my house, the Garda and I agreed that I would not drive it without it being NCTd, shortly after my uncle arrived loaded it up and brought me home!
    A few days ago I received a fixed charge notice for no tax and the use of a vehicle without a valid NCT! This can't be right!

    I went out of my way to specifically not drive the car since I came home as I was in bother when I was younger for pulling hand break turns and wanted to avoid anything remotely similar ever happening again!

    The car was parked up in a car park on what I assume is private property.

    I wrote a letter to my local superintendent who sent me a form to have the fixed charge notice cancelled. I filled it out and sent it off. Today I recieved a letter back to say my appeal had been rejected.

    The fixed charge notice carries 3 penalty points and if I bring it to court I could receive 5 points!

    Should I take the 3 penalty points on the chin or should I fight it with the risk of 5 penalty points?
    Any help would be much appreciated.


Comments

  • Moderators, Regional Midwest Moderators Posts: 11,183 Mod ✭✭✭✭MarkR


    You let the car be driven. On the chin I think.


  • Registered Users, Registered Users 2 Posts: 1,672 ✭✭✭thebiglad


    motormad13 wrote: »

    The car was parked up in a car park on what I assume is private property.

    You admit that you allowed someone to take a car registered in your name onto the public road.

    I do not think you have an argument.


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


    Your car was in use in a public place. This includes parking it in a public place. It doesn't matter if it is private property. What matters is if it comes under the definition of public place under the Road Traffic Act.


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