Summons for not displaying tax disc

Private Joker

Just received a summons to court for non-payment of a FCN for not displaying my tax disc. I was stopped in April with my tax out of date and don't dispute that fact. but I never received the fcn or the reminder.
I have never been to court before, I doubt the judge would believe that I didn't get any letters. What is the likely outcome of the court case?

Odyssey 2005

Private Joker wrote: »

Just received a summons to court for non-payment of a FCN for not displaying my tax disc. I was stopped in April with my tax out of date and don't dispute that fact. but I never received the fcn or the reminder.
I have never been to court before, I doubt the judge would believe that I didn't get any letters. What is the likely outcome of the court case?

6 months in wheatfield:)

If you paid the backtax I'm sure the garda will speak up for you to the judge,if you can find him before the case begins.

OOnegative

Private Joker wrote: »

Just received a summons to court for non-payment of a FCN for not displaying my tax disc. I was stopped in April with my tax out of date and don't dispute that fact. but I never received the fcn or the reminder.
I have never been to court before, I doubt the judge would believe that I didn't get any letters. What is the likely outcome of the court case?

Explain to the judge that you received no letters regarding FCPN, how you suppose to pay for something you got no notification about. More then likely he will strike the matter out.

Private Joker

OOnegative wrote: »

Explain to the judge that you received no letters regarding FCPN, how you suppose to pay for something you got no notification about. More then likely he will strike the matter out.

that's what I was hoping to do but aren't there new regulations that the burden of proof of non-delivery falls on the accused rather than the gardai.

Caliden

Private Joker wrote: »

that's what I was hoping to do but aren't there new regulations that the burden of proof of non-delivery falls on the accused rather than the gardai.

Find out where the FPN was sent.

If it's your current address then you're kinda screwed and should just show up and offer to pay the fine there and then.

If the delivery address differs then bring proof of your current address.

Get a solicitor.

Pelvis

OOnegative wrote: »

Explain to the judge that you received no letters regarding FCPN, how you suppose to pay for something you got no notification about. More then likely he will strike the matter out.

Of course it won't be struck out! Why would anyone pay if all they had to do to get out of it is tell the judge they never received the notice?

coylemj

Pelvis wrote: »

Of course it won't be struck out! Why would anyone pay if all they had to do to get out of it is tell the judge they never received the notice?

Several judges have commented on a stream of people coming into their court and doing just that - under oath. One judge came straight out and said the majority of them were perjurers.

Judge says courtroom ‘stinking of perjury’ after drivers walk away

Driver told ‘pack of lies’ when giving evidence he did not receive Garda speeding notice

Longford judge says perjury is being committed in his court

coylemj

Odyssey 2005 wrote: »

If you paid the backtax I'm sure the garda will speak up for you to the judge,if you can find him before the case begins.

This is the principal way of getting some mitigation. The judge often asks the Garda if the arrears have been paid and if the Garda says that they have, the defendant often gets away with a small fine.

So make sure you're paid up to date and bring any evidence showing that you paid arrears to show to the Garda before the case is called.

Savman

Guess they should use registered post then eh?

Private Joker

coylemj wrote: »

This is the principal way of getting some mitigation. The judge often asks the Garda if the arrears have been paid and if the Garda says that they have, the defendant often gets away with a small fine.

So make sure you're paid up to date and bring any evidence showing that you paid arrears to show to the Garda before the case is called.

Didn't have any tax on the car at the time because I was selling it and it was in the garage for a new flywheel/clutch and egr valve before I could sell it. I was actually bringing it back from the garage when I got stopped

Mervyn Skidmore

Savman wrote: »

Guess they should use registered post then eh?

Registered post costs a lot and doesn't guarantee delivery. They need to be able to print off a ticket on the spot and hand it to you.

Private Joker

Mervyn Skidmore wrote: »

Registered post costs a lot and doesn't guarantee delivery. They need to be able to print off a ticket on the spot and hand it to you.

That would make more sense. I honestly thought he had either forgotten about it or let me away with it, then I just forgot about it.

Ineedaname

Pelvis wrote: »

Of course it won't be struck out! Why would anyone pay if all they had to do to get out of it is tell the judge they never received the notice?

I think you'll find that's exactly what happens. Once you make a statement under oath that you didn't receive it then it's up to the prosecutors to prove you did. Given the refusal to use registered post that is very difficult to do.

elperello

They could send it to your phone.

GM228

Ineedaname wrote: »

I think you'll find that's exactly what happens. Once you make a statement under oath that you didn't receive it then it's up to the prosecutors to prove you did. Given the refusal to use registered post that is very difficult to do.

That is no longer the case since 1st June 2017.

OP was there the new "Section 44 Notice" attached to the summons?

okidoki987

All the courts/guards would have to do is to add the €7 cost of sending it by registered post to the original fine.

Transit Times: Next Working Day
Service Features:
Premium Secure Delivery Service
Signature Proof of Delivery
Track & Trace

grogi

GM228 wrote: »

That is no longer the case since 1st June 2017.

OP was there the new "Section 44 Notice" attached to the summons?

At least a bit of normality...

Is the fine from section 44 as high as the original FCPN, or is it higher?

grogi

okidoki987 wrote: »

All the courts/guards would have to do is to add the €7 cost of sending it by registered post to the original fine.

Transit Times: Next Working Day
Service Features:
Premium Secure Delivery Service
Signature Proof of Delivery
Track & Trace

Big volumes correspondence is much cheaper.

Ineedaname

GM228 wrote: »

That is no longer the case since 1st June 2017.

OP was there the new "Section 44 Notice" attached to the summons?

Wasn't aware of this. Good to know

boardsuser1

I was in court multiple times from 2007-2011 for no tax, each time i back taxed the car, produced a document from the local M.T.O to verify there was no loss to the state and the cases were struck out. Hasn't happened since nor will it!

GM228

grogi wrote: »

At least a bit of normality...

Is the fine from section 44 as high as the original FCPN, or is it higher?

Higher, 100% higher.

GM228

Ineedaname wrote: »

Wasn't aware of this. Good to know

Part of the Road Traffic Act 2016 to stop the "I didn't receive the FCPN" excuse, commenced in June.

Ineedaname

GM228 wrote: »

Part of the Road Traffic Act 2016 to stop the "I didn't receive the FCPN" excuse, commenced in June.

Fair play. Dunno how I missed that.

coylemj

Sending FCNs notices by registered post is no solution. In lots of households nowadays, there is nobody at home when the postman is delivering and even if there is someone at home, you could simply refuse to answer the door when he arrives with a registered letter.

ebbsy

Cork Truck Driver wrote: »

I was in court multiple times from 2007-2011 for no tax, each time i back taxed the car, produced a document from the local M.T.O to verify there was no loss to the state and the cases were struck out. Hasn't happened since nor will it!

Yep

Same with me. Just don't be a smart arse and Op will be fine.

It was the gob****es that didn't turn up that got roasted.