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Summons for not displaying tax disc

  • 12-09-2017 2:29pm
    #1
    Registered Users, Registered Users 2 Posts: 655 ✭✭✭


    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 I was stopped in April with my tax out of date and don't dispute that fact.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?


Comments

  • Registered Users, Registered Users 2 Posts: 21,065 ✭✭✭✭Odyssey 2005


    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 I was stopped in April with my tax out of date and don't dispute that fact.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.


  • Registered Users, Registered Users 2 Posts: 4,834 ✭✭✭OOnegative


    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 I was stopped in April with my tax out of date and don't dispute that fact.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.


  • Registered Users, Registered Users 2 Posts: 655 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 5,982 ✭✭✭Caliden


    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.


  • Closed Accounts Posts: 1,752 ✭✭✭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?


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  • Registered Users, Registered Users 2 Posts: 25,704 ✭✭✭✭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


  • Registered Users, Registered Users 2 Posts: 25,704 ✭✭✭✭coylemj


    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.


  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    Guess they should use registered post then eh?


  • Registered Users, Registered Users 2 Posts: 655 ✭✭✭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


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭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.


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  • Registered Users, Registered Users 2 Posts: 655 ✭✭✭Private Joker


    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.


  • Closed Accounts Posts: 369 ✭✭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.


  • Registered Users, Registered Users 2 Posts: 16,628 ✭✭✭✭elperello


    They could send it to your phone.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭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?


  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭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


  • Registered Users, Registered Users 2 Posts: 8,617 ✭✭✭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?


  • Registered Users, Registered Users 2 Posts: 8,617 ✭✭✭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.


  • Closed Accounts Posts: 369 ✭✭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


  • Closed Accounts Posts: 6,186 ✭✭✭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!


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭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.


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭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.


  • Closed Accounts Posts: 369 ✭✭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.


  • Registered Users, Registered Users 2 Posts: 25,704 ✭✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 7,140 ✭✭✭ebbsy


    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.


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