Failure to Display Insurance

jackmcgo

Hi all,

I have recently received a court summons for failure to produce insurance, while actually holding valid insurance. I will give some context to the situation before asking for advice.

Sometime early September I was pulled over for a speeding offence on the motorway and was asked to provide proof of tax, insurance and NCT. For whatever reason, my insurance disk was not in my dash (I still don't know how) and I had left my license/wallet at home.

I was instructed to produce proof of insurance & license within 10 days to my local Garda station. I rang my insurance company to send out a new certificate of insurance, but it did not arrive in time for the 10 days cut off. So on the final day, I decided to present my license and insurance documents such as emails letters received etc(essentially everything but the certificate of insurance). The guard at the station didn't seem to pay any notice so I thought this was OK and all was sorted.

I subsequently received penalty points and paid my FCN for the speeding-related offence. However, yesterday I received a court summons for failure to present proof of insurance.

My questions to you are:

Is it possible (or likely) that I can have this stricken out by supplying the guard in question with my certificate of insurance and thus avoiding the day in court? Or is it past the point where this is possible as the summons has been issued & received?

Is a solicitor required? I imagine on the court date I will only need to provide the court with my certificate of insurance and be issued with a subsequent fine for failure to display? I feel like this should be something I should be able to manage, but court procedure might dictate otherwise....


Any help on the above would be much appreciated

Regards

French Toast

jackmcgo wrote: »

Is it possible (or likely) that I can have this stricken out by supplying the guard in question with my certificate of insurance and thus avoiding the day in court? Or is it past the point where this is possible as the summons has been issued & received?

Similar story here a few years back.

Had no NCT disk showing. Garda was cool, just said produce it at a station within 10 days. I did so and everyone was happy.

Like that, I got a summons in the post maybe a month later. I gave my local station a ring and got speaking to the Garda I presented the disk to. He couldn't understand the summons.

He checked their system and noticed he made a mistake in updating the file, hadn't linked X to Y or something, can't remember exactly how he worded it. Long story short, he said he would sort it and that I could ignore the summons. I didn't hear anything after that.

I'd say ring the station and see if anything is amiss. People make genuine mistakes.

mgbgt1978

The difference here is that the OP has not produced an Insurance Cert.

Lenar3556

If the car was in fact insured, and the issue is down to non-display, the Garda may agree to withdraw the matter on the day. Otherwise you are looking at a small fine for the non-display offence.

Would suggest attend at the court in any case, even if the Garda agree in advance to consent to a strike out.

A straightforward matter, but you will want to avoid a recoded conviction if at all possible. Might be safer having a solicitor represent you, if the Garda don’t agree to withdraw.

Pasteur.

Is it going to court

If it is get a solicitor now

jackmcgo

French Toast wrote: »

Similar story here a few years back.

Had no NCT disk showing. Garda was cool, just said produce it at a station within 10 days. I did so and everyone was happy.

Like that, I got a summons in the post maybe a month later. I gave my local station a ring and got speaking to the Garda I presented the disk to. He couldn't understand the summons.

He checked their system and noticed he made a mistake in updating the file, hadn't linked X to Y or something, can't remember exactly how he worded it. Long story short, he said he would sort it and that I could ignore the summons. I didn't hear anything after that.

I'd say ring the station and see if anything is amiss. People make genuine mistakes.

This is the general advice I seem to be receiving from friends and will hopefully be the case, I'm going try ring the prosecuting guard on Monday and see if anything can be done, but I think I'd still be incredibly paranoid about the situation even if he agrees to accept things

Lenar3556 wrote: »

If the car was in fact insured, and the issue is down to non-display, the Garda may agree to withdraw the matter on the day. Otherwise you are looking at a small fine for the non-display offence.

Would suggest attend at the court in any case, even if the Garda agree in advance to consent to a strike out.

A straightforward matter, but you will want to avoid a recoded conviction if at all possible. Might be safer having a solicitor represent you, if the Garda don’t agree to withdraw.

I'm inclined to agree with you, I'm incredibly paranoid over the whole situation, particularly in relation to any possible conviction, and while it should be a formality to resolve reality might differ.

I will try to contact a local solicitor on Monday and see if I can get a quotation for this. If Solicitors even offer quotations...

Lenar3556

I think it might be best.
An offence was committed, so you are hoping for some latitude here, on the basis that the car was in fact fully insured.

Regrettably judge, the defendants child pulled down the insurance disc, then made his way to the glove box where he found the insurance certificate and ate it? Hence the inability to produce within the 10 days, but he has all in order now judge, and was of course insured at the time.

C3PO

Personally I wouldn’t bother with a solicitor. I would turn up in court with all the correct documentation and explain the situation to the judge. I have done this on a number of occasions for similar issues and have always found the judges to be very reasonable and willing to listen.

coylemj

I find it hard to understand why the Garda summonsed the OP for failing to produce only and did not also summons him/her for driving without insurance. Which is what normally happens when you don't produce a cert. within 10 days.

If it's only failing to produce, a solicitor would be totally OTT and would cost significantly more than what you'd be fined if you don't turn up for the court. Failing to produce is a very minor offence, it's on the statute book simply to give people an incentive to go to the Garda Station to produce their documents.

OP, does the summons mention S.56 (1) and (3) of the Road Traffic Act 1961?

Wuff Wuff

i had similar situation a few years ago, was moving house and some documents went missing along the way,

tried locating the Garda who issued the summons to speak to him and explain but was never at the station.

went to court on the day with all my documents, spoke to the Garda before we were due up and he said all in order and agreed to strike it out.

your best option is to try get in contact with the Gada who issued the summons and explain.

Claw Hammer

I would recommend showing the insurance to the guard well in advance of the court date. Some judges get annoyed when insurance documents are produced in court and the guard sees them for the first time when he is in the witness box. It is better that the guard sees the insurance in advance and is satisfied with it.
I would also go to court and be sure that the matter is struck out.