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Car seized

  • 10-03-2021 11:05pm
    #1
    Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭


    Hi all,
    Friend's car got seized this evening. She is a provisional licence holder so no issues there.

    However, the car is not in her name. She purchased from a friend a few weeks ago and looks like he never transferred it. As part of the collection process only the registered owner can collect the car. However, the registered owner is not in Dublin, so cannot travel to the Garda station to get the car released. She (the driver) is insured and taxed on the car so she can bring documents with her to the Garda station but not the log book.

    Anyone have any suggestions/advice how to go about this?

    Thanks


«1

Comments

  • Registered Users, Registered Users 2 Posts: 84,750 ✭✭✭✭Atlantic Dawn
    M


    Seller could post the logbook in your friends name to Shannon with the date of sale used instead of a date post the incident where it would then be re-issued in your friends name, this should be ok provided 'a few weeks ago' wasn't many many months ago. Problem with this solution is that whole process will take guts of 10 working days, the costs at the Garda pound are €35 a day so could be €420 gone plus the initial charge if these charges are standard...http://www.gannonscityrecovery.ie/garda.htm


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    Thanks for that. That's the main issue unfortunately. It genuinely was at the end of February and the previous owner has been working outside of Dublin.


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    I’d class that as an essential reason to travel to Dublin


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    Assuming the owner can come up and get the log book can he fill the log book with her details on the back and date of sale?

    I'm also assuming if he can come up, he would need to go to the Garda station with my friend with her documents?


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    Gael23 wrote: »
    I’d class that as an essential reason to travel to Dublin

    I can't even see getting your own vehicle out of lockup being a valid excuse to travel, getting someone else's not a chance.


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  • Registered Users, Registered Users 2 Posts: 1,188 ✭✭✭kennethsmyth


    Del2005 wrote: »
    I can't even see getting your own vehicle out of lockup being a valid excuse to travel, getting someone else's not a chance.

    How do you see from that height of a horse, go on out of it. The car maybe essential, both you or I cannot determine if it is or not.

    According to the legislation other than the named reasons there is a catch all that states "reasonable excuse". This is why the fixed penalties for travel have 28 days to be appealed through the Garda website prior to going anywhere. This is to ensure only idiotic reasons are continued on to be prosecuted and not anything that could be debatable in court.


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    What was the reason the car was seized?


  • Registered Users, Registered Users 2 Posts: 3,817 ✭✭✭Darc19


    1874 wrote: »
    What was the reason the car was seized?

    Literally Read the first line of the op


  • Registered Users, Registered Users 2 Posts: 84,750 ✭✭✭✭Atlantic Dawn
    M


    1874 wrote: »
    What was the reason the car was seized?


    Provisional/Learner permit driver on their own I'd imagine, 'Clancy Amendment'.


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    Provisional/Learner permit driver on their own I'd imagine, 'Clancy Amendment'.

    Yep this it exactly. Had dropped her kids off to their fathers and was on the way home


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  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    Darc19 wrote: »
    Literally Read the first line of the op


    Hi all,
    Friend's car got seized this evening. She is a provisional licence holder so no issues there.


    Hi all? Yes they stated the person is a provisional licence holder, but didnt specify that was the reason for seizure, it could have been some other issue, or why would they say "So no issues there" that suggests it is something other than her being a provisional licence holder because there could have been someone else in the car with a full licence, the wording suggests it was for something else or at least nothing to do with her licence status,
    SO where you are getting it was literally in the first line of the OP, when it literally wasn't.

    As that is the case, there clearly is an issue with that


  • Registered Users, Registered Users 2 Posts: 3,053 ✭✭✭Eggs For Dinner


    antodeco wrote: »
    Yep this it exactly. Had dropped her kids off to their fathers and was on the way home

    An unqualified driver, driving on her own with children in the car is not on


  • Registered Users, Registered Users 2 Posts: 30,282 ✭✭✭✭AndrewJRenko


    Could she run into difficulties with insurance? How could she have valid insurance if yer man still owns the car?

    Mind you, how could she have valid insurance if she's illegally driving unaccompanied?

    Isn't there a legal responsibility on the owner of the vehicle in cases of unaccompanied driving?


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    Yes I agree with the issues with driving unaccompanied. She's know understands the gravitas of this (I had said to her several times).

    The question more so is in relation to getting the car back. She won't be driving it back herself but just needs to figure out how to get the car when there is no log book.


  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    Could she run into difficulties with insurance? How could she have valid insurance if yer man still owns the car?

    Mind you, how could she have valid insurance if she's illegally driving unaccompanied?

    Isn't there a legal responsibility on the owner of the vehicle in cases of unaccompanied driving?

    Insurance shouldn't be a problem. Ownership actually has little or nothing to do with log book and registration.

    Once the purchaser pays for the car they become owner, not when some form is filled out.


  • Registered Users, Registered Users 2 Posts: 10,273 ✭✭✭✭Hurrache


    pippip wrote: »
    Insurance shouldn't be a problem. Ownership actually has little or nothing to do with log book and registration.

    Not quite sure what you mean? The issue is that the car is currently not owned by her or a spouse which may exclude her having insurance on her by the insurer she took the policy out with.


  • Registered Users, Registered Users 2 Posts: 5,450 ✭✭✭LollipopJimmy


    Could she run into difficulties with insurance? How could she have valid insurance if yer man still owns the car?

    Mind you, how could she have valid insurance if she's illegally driving unaccompanied?

    Isn't there a legal responsibility on the owner of the vehicle in cases of unaccompanied driving?

    Ownership isn't determined by the VLC I the eyes of the insurance company.

    Where is the car now? I would say the VLC is not needed or a photo of the VLC with new details filled in and backdated will suffice


  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    I understood that the car will be released to the owner, provided they have a full license, there is no other problem legally with the car, and that the storage is paid.


  • Registered Users, Registered Users 2 Posts: 5,450 ✭✭✭LollipopJimmy


    Hurrache wrote: »
    Not quite sure what you mean? The issue is that the car is currently not owned by her or a spouse which may exclude her having insurance on her by the insurer she took the policy out with.

    VLC lists the registered keeper not the 'owner'

    A receipt would have more of a standing than the VLC


  • Registered Users, Registered Users 2 Posts: 982 ✭✭✭Dick Turnip


    Sorry OP, I can't give an advice on your request but I am curious - is the main reason she's desperate to get the car back so quickly to reduce the daily fines building up?

    Or does she plan on just going back driving unaccompanied on a daily basis again?

    She'll need to sort the lessons & test out pronto when restrictions ease


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  • Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    How do insurers treat a driver in a case like this at renewal?

    Do they load or decline for example?


  • Registered Users, Registered Users 2 Posts: 10,273 ✭✭✭✭Hurrache


    VLC lists the registered keeper not the 'owner'

    A receipt would have more of a standing than the VLC

    But registration itself is a requirement, for example Aviva's assumptions are that the vehicle
    Is owned and mainly driven by you or your spouse/partner
    Is registered in you or your spouse/partner's name


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    Sorry OP, I can't give an advice on your request but I am curious - is the main reason she's desperate to get the car back so quickly to reduce the daily fines building up?

    Or does she plan on just going back driving unaccompanied on a daily basis again?

    She'll need to sort the lessons & test out pronto when restrictions ease

    She's admitted it's given her the kick in the hole to get her sh!t sorted (at long last).

    Her concern is the impound costs. €125 + €35 a day.

    Also in relation to the VLC the form says the registered owner to get the car. So she is the owner, but not the "registered owner".


  • Registered Users, Registered Users 2 Posts: 4,425 ✭✭✭maestroamado


    cml387 wrote: »
    I understood that the car will be released to the owner, provided they have a full license, there is no other problem legally with the car, and that the storage is paid.

    The reason for the car being seized needs to be clarified as if the car was seized because of the license only as storage and collection fees the responsibility of driver.
    However if it is because the seller did not bother posting the reg form to Clare they should be paying this...
    I assume the buyer has a receipt with date of purchase as if this runs it can run into a nice few €€€...

    These people may advise...

    Department of Transport, Tourism and Sport, Shannon Town Centre, Shannon, Co. Clare
    Email:motortax@dttas.ie
    Phone number:0818 411 412...


  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    I'd go out on a limb here and say if you have the logbook and a license you can pick up the car once you pay the fine.

    I don't see them turning anyone away.


  • Registered Users, Registered Users 2 Posts: 5,450 ✭✭✭LollipopJimmy


    Hurrache wrote: »
    But registration itself is a requirement, for example Aviva's assumptions are that the vehicle

    So technically then you can't drive a car off a forecourt.


  • Registered Users, Registered Users 2 Posts: 10,273 ✭✭✭✭Hurrache


    When you drive it off the car I suppose is in the process of being registered in your/spouse's name so I'm sure that's covered, you've signed for it at that point.

    It would take an arsey agent to make this an issue in the instance the OP outlined as the time passed is not that great, but I imagine if you have the cars 6 months or so and there's no action from the new and old owner they could flag you over it.


  • Registered Users, Registered Users 2 Posts: 5,450 ✭✭✭LollipopJimmy


    Hurrache wrote: »
    When you drive it off the car I suppose is in the process of being registered in your/spouse's name so I'm sure that's covered, you've signed for it at that point.

    It would take an arsey agent to make this an issue in the instance the OP outlined as the time passed is not that great, but I imagine if you have the cars 6 months or so and there's no action from the new and old owner they could flag you over it.

    The car in question was purchased only a few weeks ago though? So 'in progress' The longest I've ever had to wait for a logbook is when I bought from a dealer. And for my current bike I was waiting a while too, I signed the cert then the seller lost it, I informed my insurance company when I was getting a quote for another bike (yes I'm aware I have a problem) and the answer was a receipt for the bike would suffice to show I was the owner.


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    Bring a photocopy of the completed reg cert and say it’s gone to Shannon.


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  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    Del2005 wrote: »
    I can't even see getting your own vehicle out of lockup being a valid excuse to travel, getting someone else's not a chance.

    Well then they can’t charge you an impounding fee if they don’t allow you to collect the car.


  • Registered Users, Registered Users 2 Posts: 2,004 ✭✭✭FileNotFound


    You can get the car collected on a trailer.

    Dependent on the gardai, having a chat and explaining may get them to release it.

    I got a UK registered car I had only bought back off them. This was a local town and years ago though.


  • Registered Users, Registered Users 2 Posts: 2,004 ✭✭✭FileNotFound


    Gael23 wrote: »
    Well then they can’t charge you an impounding fee if they don’t allow you to collect the car.

    Not true at all. You get screwed both ways


  • Registered Users, Registered Users 2 Posts: 15,812 ✭✭✭✭Witcher


    You can get the car collected on a trailer.

    Dependent on the gardai, having a chat and explaining may get them to release it.

    I got a UK registered car I had only bought back off them. This was a local town and years ago though.

    They won't be releasing a car unless it's to the registered owner, what difference would a trailer make ffs?:pac:

    Imagine you had your car seized and it was released to someone else, 'oh well he took it on a trailer', that would be acceptable to you?


  • Registered Users, Registered Users 2 Posts: 2,004 ✭✭✭FileNotFound


    Witcher wrote: »
    They won't be releasing a car unless it's to the registered owner, what difference would a trailer make ffs?:pac:

    Imagine you had your car seized and it was released to someone else, 'oh well he took it on a trailer', that would be acceptable to you?

    They released it to me without much supporting docs, just told them the true story and they let me off with it.

    Guess I was just describing my experience and then a solution to the legal driving on road issue if there is one.

    But hey, what would real life experience mean.


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    Thanks for all the replies. I asked her why she was driving around on a provisional and she said she's not able to get a test as it's only available to essential workers? I checked the RSA website and this seems true. So even if she wanted to be a full licenced driver, she can't. System seems very messed up over that.

    Anyway, it looks like the registered owner is going to drive up to Dublin today or tomorrow. He will need to go to the Garda station with her as she has all the paperwork but he has the log book.


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  • Registered Users, Registered Users 2 Posts: 15,812 ✭✭✭✭Witcher


    They released it to me without much supporting docs, just told them the true story and they let me off with it.

    Guess I was just describing my experience and then a solution to the legal driving on road issue if there is one.

    But hey, what would real life experience mean.

    It was a UK registered car by your own admission, they had no way of proving one way or the other who was the owner.

    They will not be releasing cars to people who aren't the owner, even with a magic trailer.


  • Registered Users, Registered Users 2 Posts: 5,450 ✭✭✭LollipopJimmy


    antodeco wrote: »
    Thanks for all the replies. I asked her why she was driving around on a provisional and she said she's not able to get a test as it's only available to essential workers? I checked the RSA website and this seems true. So even if she wanted to be a full licenced driver, she can't. System seems very messed up over that.

    Anyway, it looks like the registered owner is going to drive up to Dublin today or tomorrow. He will need to go to the Garda station with her as she has all the paperwork but he has the log book.

    A picture of it with the details will suffice, where is the car? Gannons, Derek Behans or in a Garda Station?


  • Registered Users, Registered Users 2 Posts: 2,004 ✭✭✭FileNotFound


    Witcher wrote: »
    It was a UK registered car by your own admission, they had no way of proving one way or the other who was the owner.

    They will not be releasing cars to people who aren't the owner, even with a magic trailer.

    Thanks for your helpful responses.

    The OP will be well informed. :D:D:D


  • Posts: 2,799 ✭✭✭ [Deleted User]


    So technically then you can't drive a car off a forecourt.

    Well I never drove one off that I wasn't insured to. You sort before you take.


  • Registered Users, Registered Users 2 Posts: 5,450 ✭✭✭LollipopJimmy


    Well I never drove one off that I wasn't insured to. You sort before you take.

    You haven't read what I replied to.


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  • Registered Users, Registered Users 2 Posts: 15,812 ✭✭✭✭Witcher


    Thanks for your helpful responses.

    The OP will be well informed. :D:D:D

    'bring a trailer' lol fantasy


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    A picture of it with the details will suffice, where is the car? Gannons, Derek Behans or in a Garda Station?

    Gannon's on the long mile road. I think the owner needs to sort out the Garda release form in Ballyfermot however.


  • Registered Users, Registered Users 2 Posts: 4,425 ✭✭✭maestroamado


    You can get the car collected on a trailer.

    Dependent on the gardai, having a chat and explaining may get them to release it.

    I got a UK registered car I had only bought back off them. This was a local town and years ago though.

    I be surprised if individual Garda has any discretion in this.... Rules etc... i am pretty sure there is strict practice...


  • Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭newmember2


    I be surprised if individual Garda has any discretion in this.... Rules etc... i am pretty sure there is strict practice...

    He did say "years ago though" although I had a car seized about a year ago and guard said he'd leave it in the station yard for a few hours before getting it impounded, giving me the chance to get it back without having to pay a fee.


  • Registered Users, Registered Users 2 Posts: 4,425 ✭✭✭maestroamado


    newmember? wrote: »
    He did say "years ago though" although I had a car seized about a year ago and guard said he'd leave it in the station yard for a few hours before getting it impounded, giving me the chance to get it back without having to pay a fee.

    I hope you bought him a few pints...


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    It must be limiting the fees that is the motivation here, she can't be wanting the car back to continue driving her children around as an unaccompanied learner.

    I'd chance going in to get it back without having the VLC, explaining the car was recently bought and she hadn't got it yet IF ASKED. Take a licensed Driver with her of course


  • Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭newmember2


    Isambard wrote: »
    It must be limiting the fees that is the motivation here, she can't be wanting the car back to continue driving her children around as an unaccompanied learner.

    I'd chance going in to get it back without having the VLC, explaining the car was recently bought and she hadn't got it yet IF ASKED. Take a licensed Driver with her of course

    She's not the owner of the car regardless of having the logbook or not - they're not going to give her the car.


  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    newmember? wrote: »
    She's not the owner of the car regardless of having the logbook or not - they're not going to give her the car.

    If she paid for the car she's legally the owner from when the money changed hands otherwise you wouldn't be able to insure as discussed earlier.

    She's not the registered owner according to the VLC which is a different matter.

    So the issue is whether they'll release to the owner (assuming with proof of sale) or only to registered VLC owner. As others have mentioned success with proof of sale I don't believe VLC owner is fully required.


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    The document from the Garda she received says the registered owner which I'd assume means the person who's name is on the VLC.

    Either way, he travelled up to Dublin to try and get this sorted and he's giving her the VLC so she can send off anyway.

    Next step is to try and get a test, which she can't because she's not an essential worker


  • Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭newmember2


    pippip wrote: »
    If she paid for the car she's legally the owner from when the money changed hands otherwise you wouldn't be able to insure as discussed earlier.

    She's not the registered owner according to the VLC which is a different matter.

    So the issue is whether they'll release to the owner (assuming with proof of sale) or only to registered VLC owner. As others have mentioned success with proof of sale I don't believe VLC owner is fully required.

    Registered owner is what I had meant. They can hardly release a vehicle to anyone showing up with a receipt for xyz and a story that they'own' the car.


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