Expired NCT District Court Summons

Dave Brubeck

Not sure if this belongs here or in motoring, but I'll start here.

This time last year I was stopped at a Garda checkpoint with an out of date NCT, 9 months expired, silly of me.

The Garda asked if I had a test booked, which I did for about a month later. Upon request I showed him the booking confirmation on my phone.

He took my name and address and asked that I present the new NCT cert at my local station once the car had passed, he also asked which station that would be (this was in Dublin, I was visiting from Cork). I agreed and apologised and he let me on my way.

A month later I brought the car for its test and it passed. I brought the cert down to my local station a number of times that same week, but on each occasion it was closed up. It seems my local station is either unmanned or infrequently manned, so instead I presented it at the next nearest station.

I had expected to receive notice of points or a fine or both in the post but heard nothing. Instead I received a district court summons by registered post towards the end of the summer requesting that I attend court next month in the district that it occurred.

Is this the typical course of action for such an offence? I'm now worried that I somehow missed notice of points or a fine and that this is some form of escalation. Or, am I essentially turning up to be given my punishment.

Is it appropriate to seek the assistance of a solicitor for such a scenario, or would this be deemed overkill. I certainly don't intend to contest anything. Apologies if this part contravenes the forum charter, I'm unsure as to how to define legal advice.

Many thank.

Dave

Pat Mustard

It is not unusual for people to plead guilty to offences such as this without any legal representation. However, in this instance where your NCT had been out for 9 months, I think that the wiser course of action is to hire a solicitor.

Dave Brubeck

Pat Mustard wrote: »

It is not unusual for people to plead guilty to offences such as this without any legal representation. However, in this instance where your NCT had been out for 9 months, I think that the wiser course of action is to hire a solicitor.

Hi Pat,

Thank you for your prompt reply.

With regard to the course of events, do you think that I may have been sent notices of points or fine that I may have missed?

Pat Mustard

Dave Brubeck wrote: »

With regard to the course of events, do you think that I may have been sent notices of points or fine that I may have missed?

If you didn't get one, tell that to your solicitor.

FishOnABike

Dave Brubeck wrote: »

A month later I brought the car for its test and it passed. I brought the cert down to my local station a number of times that same week, but on each occasion it was closed up. It seems my local station is either unmanned or infrequently manned, so instead I presented it at the next nearest station

I'd talk to a solicitor and try to have as much proof as you can to backup your story. Proof of NCT booking, pass result + certificate, check with the Garda station you presented the NCT certificate at if they recorded it in the station log book - did you get any receipt or proof at the time?

Make sure you attend court and have all your vehicle documentation with you on the day in court to show everything is in order and you presented your NCT (albeit at a different Garda station to the one you nominated).

Is there a chance that because you presented your NCT at the wrong station that it appears to the prosecuting Garda that you never presented it?

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FishOnABike wrote:

Is there a chance that because you presented your NCT at the wrong station that it appears to the prosecuting Garda that you never presented it?

I think this could very well be the case

Dave Brubeck

FishOnABike wrote: »

Is there a chance that because you presented your NCT at the wrong station that it appears to the prosecuting Garda that you never presented it?

I suppose this is quite possible. Would it be inappropriate to contact the prosecuting Garda to confirm if this is the case?

FishOnABike

Dave Brubeck wrote: »

I suppose this is quite possible. Would it be inappropriate to contact the prosecuting Garda to confirm if this is the case?

I'd say if the station you presented your NCT to recorded the fact or you have a receipt from the station showing you presented your NCT it's worth trying contacting the prosecuting garda.

I'd still anticipate having to turn up in court with all your documentation in order. I don't think a summons can be 'unissued'.

On a good day you might end up with the charge being withdrawn or struck out or a small(ish) fine or contribution to the poor box. On a bad day you might still be prosecuted for driving a car with a nine month expired NCT.

Obviously the more you can show everything is now in order and you did everything you could to sort out your NCT as soon as you realised your original oversight the better.

If you have to, go to the trouble of travelling down from Dublin to attend court, it would possibly also count in your favour. A local (to the court) solicitor might also know best how to present the facts to a particular judge if the charge is not withdrawn by the prosecuting garda on the day.

Dave Brubeck

Thanks for all of the posts.

Garda station - prosecuting Garda - solicitor, seems like the best preparation alright.