Car had no tax. Stopped at checkpoint

Hi,

I have a question around the above as it is not something I am familiar with.
I have a convertible car which I use mainly in the summer but have not since July of last year. It's tax was up since July 2016 but as it was parked off road in my house I never declared it off the road.
It has insurance and NCT. I have group insurance for my cars.

Anyway, I took car out today as needs to get a new roof. I knew it had no tax. I was stopped at a checkpoint. Guard who stopped me said car might be seized but then said I need to bring my insurance cert, licence and tax to station in ten days.

What can happen from here. I am afraid of court or points or car being seized. I will be able to bring in insurance cert and licence but not tax in ten days

Truckermal

It won't be seized since he let you go plus you won't get points, you may get a fine for no tax but I think you met a sound guard! You will be liable for back tax though unless you sell it as the new owner won't be liable for the back tax.

223vmax

Pay the tax, bring proof to station and hope they haven't already prosecuted you for non tax. Most Gards would have seized it on you. That gard was sound....

biko

You are looking at backtaxing it since you didn't declare it off road.
You may just get a fixed fine for 60 euro, but bring the documents in and they might just let you off.

whoopsadoodles

If you don't bring tax within the 10 days, you'll most likely end up with a court summons.

whoopsadoodles

whoopsadoodles wrote: »

If you don't bring tax within the 10 days, you'll most likely end up with a court summons.

Ok..had thought a fine myself. Back tax could be 1500 though and I don't think I can do that in ten days is my problem. Also fixing roof to sell car

bertie4evr

Skyrimaddict wrote: »

Ok..had thought a fine myself. Back tax could be 1500 though and I don't think I can do that in ten days is my problem. Also fixing roof to sell car

Transfer the car ownership to a family member. Then you won't have any back tax to worry about.

The ownership change might look a bit dodgy once you sell it though.

whoopsadoodles

bertie4evr wrote: »

Transfer the car ownership to a family member. Then you won't have any back tax to worry about.

The ownership change might look a bit dodgy once you sell it though.

There's not really anyone for it to look dodgy to, just that it will have an extra owner on the log book which may affect the selling price, but for the OP to be able to show tax/insurance/nct to the garda. he won't get the ownership changed and new tax disc issued within 10 days.

ToonArmy89

You'll get a fine for no tax . But still make sure to produce other documents.

No point putting into another family members name and then transfering back to pay tax when it comes back into your name because 10 days will have elapsed and you'll still get the fine .

Produce NCT, Licence and Insurance and take the hit for the FCPS when u get it. No Tax doesn't result in penalty points. If you don't pay the fine then you will get a summons but you will get a fine first

whoopsadoodles

ToonArmy89 wrote: »

Produce NCT, Licence and Insurance and take the hit for the FCPS when u get it. No Tax doesn't result in penalty points. If you don't pay the fine then you will get a summons but you will get a fine first

While not paying a fine will result in a summons, so will not producing the documents.

Definitely still produce everything else though.

Hitman3000

Sell the car, buy it back at a later date.

ToonArmy89

Hitman3000 wrote: »

Sell the car, buy it back at a later date.

How will this matter he will still get a fine for No Tax if he did this and will be in the same position except having wasted a significant amount of time selling and buying a car

uck51js9zml2yt

bertie4evr wrote: »

Transfer the car ownership to a family member. Then you won't have any back tax to worry about.

The ownership change might look a bit dodgy once you sell it though.

That won't wash with AGS. As they have already stopped the OP without a valid tax disk.

OP , you need to suck it up, bring your tax up to date and present within 10 days


Edit: I used to work in motor tax and saw this frequently.

Hitman3000

ToonArmy89 wrote:

How will this matter he will still get a fine for No Tax if he did this and will be in the same position except having wasted a significant amount of time selling and buying a car

Fine of 60 euro, back tax of 1500 euro. Who knows maybe a close family member would like to buy it.

Hitman3000

223vmax wrote:

Pay the tax, bring proof to station and hope they haven't already prosecuted you for non tax. Most Gards would have seized it on you. That gard was sound....

It's a FCPN where are you getting prosecution out of?
This is the problem with asking for advice on the internet.

Hitman3000

Mmm... I have seen you having to be corrected on some of the advice you have giving aswell, despite your experience.

Thanks all.

I don't mind the fine too much as I know it was wrong to have no tax I just won't have the money to back tax the car.

I was planning to sell once roof is fixed just needed the car to go to motorshop.

tevey08

Just go to the station and produce your insurance and licence and hope that you don't hear anything again. I doubt the guard will waste his time chasing you for tax.

ION08

So many possible outcomes so I won't take as guess as to what will happen.

I will say two things though:

1. The Gard you met was sound and you are lucky he did not take the car off you there and then.

2. Gardai really need to be more clear about where you stand when you leave a checkpoint. Too many times I have seen people unsure of "what will happen next" in checkpoint situations where they didn't have everything in order.

Thanks to all.
My concern is the car isn't worth the tax. I usually tax it for three months during summer since taking it over from my deceased father early last year.

Just unsure of what to do

Del2005

tevey08 wrote: »

Just go to the station and produce your insurance and licence and hope that you don't hear anything again. I doubt the guard will waste his time chasing you for tax.

It's an automated system once the original Garda puts the details into the system. If the documents aren't updated in PULSE it'll flag, I got stopped and had to produce. When I presented my documents I gave a name for the road yet the receipt I got had an alternative name for the road. Had a friend who produced yet didn't get a receipt who later got summonsed.

Expired tax, of upto €1500, would be an easy result for a Garda.

Del2005

Del2005 wrote: »

It's an automated system once the original Garda puts the details into the system. If the documents aren't updated in PULSE it'll flag, I got stopped and had to produce. When I presented my documents I gave a name for the road yet the receipt I got had an alternative name for the road. Had a friend who produced yet didn't get a receipt who later got summonsed.

Expired tax, of upto €1500, would be an easy result for a Garda.

Hi

I don't understand what you mean by a result ?
Even if I pay tax it goes to someplace else, guards only of it's a fine.
Again just don't think I will get back to station and be able to bring tax up in time

I will bring insurance and license in tonight though

RustyNut

whoopsadoodles wrote: »

There's not really anyone for it to look dodgy to, just that it will have an extra owner on the log book which may affect the selling price, but for the OP to be able to show tax/insurance/nct to the garda. he won't get the ownership changed and new tax disc issued within 10 days.

Well, if the op was to transfer ownership to a family member, fill out the log book and walk into their local motor tax office with the filled out log book they will tax the car there and then and send the book off to shannon for change of ownership.

All achievable in an hour or two and no back tax.

ToonArmy89

Skyrimaddict wrote: »

Hi

I don't understand what you mean by a result ?
Even if I pay tax it goes to someplace else, guards only of it's a fine.
Again just don't think I will get back to station and be able to bring tax up in time

I will bring insurance and license in tonight though

Most people haven't a clue and advise is been given wrong apart from a select few. Produce your insurance, NCT and licence in the station and ask for a receipt of producing them. Your not going to pay the back tax of €1500 so when you get the fine of €60 pay it and that'll be the end of it.

uck51js9zml2yt

RustyNut wrote: »

Well, if the op was to transfer ownership to a family member, fill out the log book and walk into their local motor tax office with the filled out log book they will tax the car there and then and send the book off to shannon for change of ownership.

All achievable in an hour or two and no back tax.

He can do that but it doesn't deal with the issue of him being stopped and told to produce.

CeilingFly

Declare it back on the road immediately, pay tax from now for 3 months. Once you do it by Tuesday you will have an Oct tax disc. Bring a copy in with licence and insurance and you're fibe.

Declare it off the road again for 1st Jan until you plan using it again.

Edit - Misread op, car not declared off road so this won't work.

RustyNut

ToonArmy89 wrote: »

Most people haven't a clue and advise is been given wrong apart from a select few. Produce your insurance, NCT and licence in the station and ask for a receipt of producing them. Your not going to pay the back tax of €1500 so when you get the fine of €60 pay it and that'll be the end of it.

If im not mistaken the €60 fine is for non display, using a car with no tax is a court appearance. I'm open to correction.

Briggs Unimportant Talc wrote: »

He can do that but it doesn't deal with the issue of him being stopped and told to produce.

But it will give him a tax disc that covers the time he was stopped that can be produced along with his licence and insurance.

ToonArmy89

ToonArmy89 wrote: »

Most people haven't a clue and advise is been given wrong apart from a select few. Produce your insurance, NCT and licence in the station and ask for a receipt of producing them. Your not going to pay the back tax of €1500 so when you get the fine of €60 pay it and that'll be the end of it.

Thanks.

To be honest last time this happened me was in 2006 and this was similar to what happened. No tax, pay fine and don't be stupid enough to do it again. I do learn my lesson from things like this

PrettyBoy

CeilingFly wrote: »

Declare it back on the road immediately, pay tax from now for 3 months. Once you do it by Tuesday you will have an Oct tax disc.

He can't do that because it wasn't declared off the road so it's liable for tax from the date the last tax disc expired (unless the ownership changes).

OP, you are getting a fixed charge penalty of €60 for no tax. In my experience this doesn't mean that the car has to be taxed. if I were you I'd go to the station tonight with your insurance cert. If they ask for a tax disc (which they mightn't) then tell them you're going to get it taxed tomorrow. I think all that's going to happen here is you'll get the fine in the post. Pay it and that will be the end of it.

Del2005

Skyrimaddict wrote: »

Hi

I don't understand what you mean by a result ?
Even if I pay tax it goes to someplace else, guards only of it's a fine.
Again just don't think I will get back to station and be able to bring tax up in time

I will bring insurance and license in tonight though

The result is that the Garda will have an easy conviction on their record which will look good as when large organisations review employees they use statistics and rarely review details.

The somewhere else that the motor tax goes is the Garda's wages.

Thanks for all replies.

I dropped in licence and insurance there. Guard on duty took copy and have receipt for same. That was it, he wasn't same guy who pulled me over just asked where it happened and gave me the receipt that I brought them in.

Del2005

Skyrimaddict wrote: »

Thanks for all replies.

I dropped in licence and insurance there. Guard on duty took copy and have receipt for same. That was it, he wasn't same guy who pulled me over just asked where it happened and gave me the receipt that I brought them in.

The problem is that they have up to 6 months to apply for a summons and no limit on when to serve it.

Make sure to keep all your current documents. If you renew insurance or NCT don't dispose of the current ones.

PrettyBoy

Skyrimaddict wrote: »

I dropped in licence and insurance there. Guard on duty took copy and have receipt for same. That was it, he wasn't same guy who pulled me over just asked where it happened and gave me the receipt that I brought them in.

There, that's your business at the station done. When the €60 fine comes just pay it and that will be the end of it. No need to tax the car, declare it off the road, change ownership. etc.

It really isn't as complicated as some people make it out to be.

RustyNut

PrettyBoy wrote: »

There, that's your business at the station done. When the €60 fine comes just pay it and that will be the end of it. No need to tax the car, declare it off the road, change ownership. etc.

It really isn't as complicated as some people make it out to be.

Does the €60 fine cover both offences? Use in a public place without tax and failure to display tax.

whoopsadoodles

PrettyBoy wrote: »

There, that's your business at the station done. When the €60 fine comes just pay it and that will be the end of it. No need to tax the car, declare it off the road, change ownership. etc.

It really isn't as complicated as some people make it out to be.

No, it's not as simple as that.

Failure to display is one part and that's what the time will be for. If he pays that, he won't be summonsed for failure to display.

What he will be summonsed for, is failure to produce documents.

They're two separate offences.

whoopsadoodles

whoopsadoodles wrote: »

No, it's not as simple as that.

Failure to display is one part and that's what the time will be for. If he pays that, he won't be summonsed for failure to display.

What he will be summonsed for, is failure to produce documents.

They're two separate offences.

I don't know to be honest. I have dropped the bits I have in now so can see. I checked there to tax a 2.2 petrol 01 is 1800 for the time I had it last till today but I need to go to tax office to do this. I am away in morning for work for 14 days so won't get to go in. I am stuck with dropping in and hoping for best

PrettyBoy

whoopsadoodles wrote: »

No, it's not as simple as that.

It is as simple as that.

The guard had the opportunity to seize the car there and then, but he didn't. If he did seize the car then the OP would have had no choice but to pay the tax arrears in order for it to be released. The guard essentially let him away with a €60 fine, which will be paid in due course.

The OP has produced his insurance documents at the station within 10 days and he has proof of this. If the guard contacts him demanding to see a current tax disc (highly unlikely) the OP will tell him that the car has since been sold and, therefore, it is impossible for him to tax it. If the case then goes to court (extremely unlikely) then the judge will ask why the guard didn't just seize the car in the first place.

Simple as that.

CeilingFly

PrettyBoy wrote: »

He can't do that because it wasn't declared off the road so it's liable for tax from the date the last tax disc expired (unless the ownership changes).

.

Misread op.

Rubberchikken

Pay the tax.
You're lucky with the Garda. Personally he was a lot fairer than I would be.
Then sell the car and abide by the rules.

Bigus

If the Garda sees the car is really sold , he may back down.
He can't seize the car now once it's off a public road , and he can do no more than summons you for no tax maybe a fixed fine or court , after that it's up to the judge whether to go hard or not ,but if the car is sold or scrapped I'd say you'd have nothing to worry about.

whoopsadoodles

PrettyBoy wrote: »

It is as simple as that.

The guard had the opportunity to seize the car there and then, but he didn't. If he did seize the car then the OP would have had no choice but to pay the tax arrears in order for it to be released. The guard essentially let him away with a €60 fine, which will be paid in due course.

The OP has produced his insurance documents at the station within 10 days and he has proof of this. If the guard contacts him demanding to see a current tax disc (highly unlikely) the OP will tell him that the car has since been sold and, therefore, it is impossible for him to tax it. If the case then goes to court (extremely unlikely) then the judge will ask why the guard didn't just seize the car in the first place.

Simple as that.

I've been in almost the exact situation as the OP and no, it's not.

Two separate offences. I got taken to court for failure to produce. The fine for the non display of tax was a separate notice.

PrettyBoy

Rubberchikken wrote: »

Pay the tax.

Then sell the car and abide by the rules.

Why would he pay the tax arrears and then sell the car??

Worst advice of the thread so far, well done.

whoopsadoodles wrote: »

I've been in almost the exact situation as the OP and no, it's not.

Two separate offences. I got taken to court for failure to produce. The fine for the non display of tax was a separate notice.

I've been in the exact situation - to a tee. I'm speaking from my own experience only and from what the OP has told us I can't see this going much further than a €60 fine. I don't believe the guard will pursue the tax arrears and take the issue to to court. If he really wanted the OP to pay the tax then he would have seized the car. He missed his chance so to speak, but, like I said, I don't think the guard is going to pursue this.

Rushden

whoopsadoodles wrote: »

I've been in almost the exact situation as the OP and no, it's not.

Two separate offences. I got taken to court for failure to produce. The fine for the non display of tax was a separate notice.

Almost the same situation isn't the same. There's no offence for failing to produce tax, there is for insurance , licence and nct tho, my guess is you were summonsed for failing to produce one of them.

Worst that can happen the OP now is an FCPN for tax, pay it and the situation is gone

fyfe79

Essentially it seems that if you have a high-tax low-value car, then it's worth not taxing it and taking a chance. At worst, the car will be seized and you'll be issued a €60 fine if caught. At that point, you may be willing to just say "keep the car" instead of back-taxing the car in order to get it back! Hard to justify taxing my dodgy 2L petrol 17 year old car anymore...

CiniO

PrettyBoy wrote: »

It is as simple as that.

The guard had the opportunity to seize the car there and then, but he didn't. If he did seize the car then the OP would have had no choice but to pay the tax arrears in order for it to be released. The guard essentially let him away with a €60 fine, which will be paid in due course.

That's not correct.
There's never a need to pay the tax to release the car.

Reasons cars are being seized is because they can't be driven any further, so once gard doesn't want to allow a person to drive away in non-legal car, they have to seize it.
But there's nothing stopping owner to pick up the car the same evening, as it's his property, and he can pick it up whenever they wish, no matter if it's taxed, insured, etc...
Obviously it can't be driven, but needs to be towed if it had no tax, insruance or NCT.

Thanks for all replies.

Hopefully the case does not go to court. I have advised car for sale today also .

Thanks again.

RustyNut

Skyrimaddict wrote: »

Thanks for all replies.

Hopefully the case does not go to court. I have advised car for sale today also .

Thanks again.

Put a link to the add up here, someone might be interested.

Hitman3000

Skyrimaddict wrote:

Hopefully the case does not go to court. I have advised car for sale today also .

So is there no family member or close friend without a car interested?