Penalty Points when my friend was driving

FTimon

Hi
I have friends from spain that come and stay with me for a month each year. One of them was driving my car. I got a letter but did not open it till after 28 days (It looked like a bill which i deal with every 2 months for vat) . He paid and sent in a copy of his licence

But they would not accept it. So i paid and i got 3 points . is there any way around this

Truckermal

It's a bit late asking now, why would they not accept it??

bazz26

I'm presuming your friend doesn't have a valid or current Irish driving license so they couldn't apply the points which is why they rejected it. In the past people would nominate their uncle or aunt living in the US or Australia as driving the car to avoid getting points but I think they have closed that loop hole now unless they hold a valid Irish license.

I'm no expert on the matter but I'd presume because you accepted the punishment which includes 3 points as well as the fine, that its a shut case now.

joujoujou

You did it wrong.

As the owner of the car, you're the first one to get an FPN. If there's NOT you who drove it, you must send it BACK to them with the personal details of the person driving your car on that particular moment. Then, they will send an FPN to that person with their details on it.

FTimon

You can nominate someone up to 28 days. I missed the windows and paid as I did not want 6 points

jimmycrackcorm

FTimon wrote:

You can nominate someone up to 28 days. I missed the windows and paid as I did not want 6 points

Then you should have refused to pay, gone to court and have your friend testify that he was driving.

Skatedude

You should have contested it. My old car was registered in my uncles name as he was the insurance policy holder for all the family cars which is the law for multiple cars on a single policy.
I got 3 points years ago (doing 53km in a 50 zone), but the letter was sent to him. I simply sent it back stating that i was the driver.
It's fairly common to be the owner of a car and still be registered to someone else such as family cars etc

CiniO

FTimon wrote: »

Hi
I have friends from spain that come and stay with me for a month each year. One of them was driving my car. I got a letter but did not open it till after 28 days (It looked like a bill which i deal with every 2 months for vat) . He paid and sent in a copy of his licence

But they would not accept it. So i paid and i got 3 points . is there any way around this

I'm guessing you paid increased penalty of €120, as it's normal to increase from €80 to €120 after 28 days.

Anyway - by paying the fine and accepting the points, you committed fraud, as you admitted you were driving, which in fact you weren't.
But don't worry - you won't get prosecuted for that fraud.

What you should have done, is not to pay the fine, and in court testify that you were not driving, and give details of person who was.
Simple as that.

ironclaw

CiniO wrote: »

Anyway - by paying the fine and accepting the points, you committed fraud, as you admitted you were driving, which in fact you weren't.
But don't worry - you won't get prosecuted for that fraud.

Its not fraud. To be fraudulent, the OP would need to make a gain in an unlawful manner. What the OP did is perjury as they falsely asserted they were driving.

But it doesn't matter what it is. The case is closed as they signed on the dotted line that they were driving. As previous stated, they should have gone to court or returned the letter in the 28 day window

rocky

Maybe he has open driving on his policy, don't think they can exclude EU citizens?

ironclaw

rocky wrote: »

Maybe he has open driving on his policy, don't think they can exclude EU citizens?

Mine makes no distinction. Over 25, under 75 with a valid license. The person has to be legally eligible to drive in Ireland e.g. If a Garda stopped them, they should be entitled to be on the road (Not banned etc)

slimjimmc

bazz26 wrote: »

I'm presuming your friend doesn't have a valid or current Irish driving license so they couldn't apply the points which is why they rejected it. In the past people would nominate their uncle or aunt living in the US or Australia as driving the car to avoid getting points but I think they have closed that loop hole now unless they hold a valid Irish license.

I'm no expert on the matter but I'd presume because you accepted the punishment which includes 3 points as well as the fine, that its a shut case now.

There's no loophole, law doesn't require an Irish licence and anyone with a valid EU licence or other recognised licence can legally drive here, pay fines and get points (a driving record is created for recording Irish points against their foreign licence). You can legitimately nominate your uncle or aunt living in US or Australia if they were driving but if you're found to be telling porkies then you can be prosecuted.
http://www.irishstatutebook.ie/eli/2010/act/25/section/40/enacted/en/html

(6) A person who, under section 35 (6), gives or sends to a member of the Garda Síochána or a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading commits an offence and is liable on summary conviction to a fine not exceeding €2,000.

keithclancy

OSI wrote: »

Your insurance most me mental having a random Spanish mate on it just to drive your car a few weeks a year.

Why ?

I always drive my Mother in laws car when I go back to Ireland, stuck me on the Insurance for the year was 100 euros.

Fred Swanson

This post has been deleted.

ironclaw

keithclancy wrote: »

Why ?

I always drive my Mother in laws car when I go back to Ireland, stuck me on the Insurance for the year was 100 euros.

Spanish drivers seem to attract a high loading, at least in my experience talking to colleagues.

FTimon

I have open insurance and have him and his wife as named drivers

FTimon

thanks