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RTA alleged failure to produce

  • 05-11-2018 8:18pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    I'll try keep this condensed as possible.

    Summer 2017 I was stopped at a checkpoint, my nct and tax were overdue, he told me I'd probably have to pay a fine and gave me a warning and told me to get it sorted since I was sorting the nct that exact week and selling the car. I sorted both, paid all arrears and sold the car. However never received a fine. SWEET!

    Received a summons to court about 6months later for no tax or nct. So I started freaking out. The date arrived, went into court, waited 4hours for all the others to be heard before being called. The judge called me, read out the offences and asked why I hadn't produced my documents or paid the fines. I said I never received any fines but that I had updated and produced my documents. I was coming from work and didn't have my insurance cert with me(the offences were nothing to do with insurance since that was fine)

    Then I was scholded for not having my insurance with me and told I'd have to come back AGAIN with my insurance cert. and to wait for a letter for the next court date. That never came, what did come was a notice of disqualification. Like a MADMAN I raced into the court and peace commissioner to lodge the appeal reitterating that I've since shown all documents to several garda stations including the superintendent in the district who all confirmed that they could see I've produced all documents for 2017 and 2018 now.

    Appeal lodged and told to wait to be notified for the appeal date. I waited all summer and checked with the district court office but was told to wait. None came. What did come was a re-issue of up to €1300 in fines for driving with no insurance, no nct, no tax, not producing documents for any. And for the record, I now have an ADDITIONAL offence that states that I was stopped by a guard and had no insurance, a fine of €750 alone. (This makes absolutely no sense since the car should have been taken off me if I was driving with no insurance)

    This has to be paid in 40days.

    I'm at my wits end. I am not being notified of any of these court dates and/or appeal dates. There is no way in heaven I can afford to pay these fines for tax and insurance I'm already paying.

    I've contacted a solicitor and the advice is to go back to the court office this week and try to get it back on the appeal list again. If I don't get anywhere to go back to solicitor again and try to figure out how to pay for them to represent me.

    I mean to me this is utter madness and is causing me serious distress at this point. Also before anyone advises me to talk to the guard in question, I've tried to contact him 28times this year unsuccessfully. either out on duty, on holidays, in court, or his unit is on rest leave.

    Forgive me if I've left out any vital info, I'm also trying to keep details vague. I really am at my wits end and want to get out of this nightmare cycle of being issued fines and nobody looking at my documentation.


Comments

  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Why not let your solicitor sort this out with court officers and Gardaí?
    This is what solicitors do
    Will leave open for general discussion subject to forum rule on legal advice.


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    This is an awful mess for which I do not blame OP.

    I would seriously suggest to OP not to waste any more time dealing with the various people mentioned but to get this in front of the Circuit Court asap. This situation is just not going to improve over time.

    A good bit of applied focus from a competent solicitor will go a long way to resolving this. If the present solicitor's priority is the payment of fees I would suggest somebody else. There are many competent in this field.

    If OP is really lucky and the prosecuting garda is still having a rest and does not get out of bed for the appeal there might be a decent sporting prospect of everything being allowed on appeal.


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