Court summons for not producing valid NCT cert within 10 days?

Overature

Hi,

So I got pulled over and with the NCT being out, got a ticket for 60 euro and the three points. Paid fine straight away and got the 3 points as deserved.

I was asked to produce a valid NCT cert and insurance to the station within ten days which I did for the insurance but my car had some major problems and was on its last legs and was not worth fixing so it was impossible to get the NCT for it. I have two failed test to show that I had been putting it through. I explained this to the guard in the station and they said not to worry about it. I did try to contact the guard who gave me the ticket but didn't have his details.

I didnt drive the car again after that day, its been sitting in my driveway since then (a few months) which ive been meaning to scrap. got a new one a week later which I am all upto date on.

This morning I get a summons for not producing the nct cert within 10 days and am just wondering is the judge likely to through it out when I go? or what kind of fine would I get?

I hear you can get 5 points in court if convicted of no nct, but i already paid the fine and got the 3 so does that mean that they can tak on another 5 to my license? the summons is only for not producing the valid cert.

Any advice appreciated. Thanks.

Dave_Kilkenny

I'd suggest going down to the station to have a chat. I absolutely could be wrong but you should only be getting the court summons in the event the where a fixed penalty charge isn't paid.

Have a read of this, you may be another example of an on going trend.

https://www.rte.ie/lifestyle/motors/2017/0323/862025-14-500-traffic-offences-to-be-quashed-over-garda-error/

"Failure to have an NCT Certificate became a fixed charge offence on 8th December 2014 and from that date on, no summons should have issued for failing to have an NCT Certificate unless the driver had firstly been issued with a fixed charge notice, and the fixed charge had not been paid.

An initial examination of records for offence - 'Not having a valid NCT Certificate' indicated that in 759 cases, where a fixed charge notice (FCN) had been issued and paid a summons was later issued. The examination of all fixed charge offences, since the roll out of the FCPS system, identifies that 1,130 cases have had summonses issued for offences where the FCN has been paid. "

Overature

Dave_Kilkenny wrote: »

I'd suggest going down to the station to have a chat. I absolutely could be wrong but you should only be getting the court summons in the event the where a fixed penalty charge isn't paid.

Have a read of this, you may be another example of an on going trend.

https://www.rte.ie/lifestyle/motors/2017/0323/862025-14-500-traffic-offences-to-be-quashed-over-garda-error/

"Failure to have an NCT Certificate became a fixed charge offence on 8th December 2014 and from that date on, no summons should have issued for failing to have an NCT Certificate unless the driver had firstly been issued with a fixed charge notice, and the fixed charge had not been paid.

An initial examination of records for offence - 'Not having a valid NCT Certificate' indicated that in 759 cases, where a fixed charge notice (FCN) had been issued and paid a summons was later issued. The examination of all fixed charge offences, since the roll out of the FCPS system, identifies that 1,130 cases have had summonses issued for offences where the FCN has been paid. "

Thanks for the reply and useful info. It seems then that I am only being prosecuted for not producing the valid nct cert at the station and not for not having the nct as I paid the fine for that.

That gives me a bit more reassurance that its not as serious as it could be.

Sam Quentin

You will most likely still have to appear on the day, just find that prosecuting Garda and explain yourself, on the day dpp V overature should be struck out!?

Cabaal

You're saying car hasn't been driven, but has it been declared off the road? If it's insured the gardai would have no proof you're not using it?

Overature

Cabaal wrote: »

You're saying car hasn't been driven, but has it been declared off the road? If it's insured the gardai would have no proof you're not using it?

It's not insured, have the documentation that I transferred the insurance to the new car.