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summoned to court for driving offence after i paid the fixed fine.

  • 20-01-2019 8:50pm
    #1
    Registered Users Posts: 14


    Hi everyone, i was just wondering if someone could give me some advice on this.
    June of last year i was stopped by Garda while bringing my partner to a hospital appointment in Mullingar for a pregnancy checkup. The appointment was sent out to us to check that everything was ok with the pregnancy as a few months before this my partner had a miscarriage.
    My car was out of NCT and Tax but since we couldnt get anyone to bring us over i decided to take the chance and drive over myself as we wanted to make sure everything was ok over what happened the last time.
    On the way we where stopped by the Garda, i explained to them why i was driving the car and what happened and apologized, since my car had no tax or NCT they took it and impounded it and made us walk home (My partner ended up having another miscarriage and we lost twins). I wasnt asked to produce anything as i showed everything there and then.
    Not long after i received 3 fixed fines, 1 for driving with no NCT another for no tax, and another for driving on a provisional license without L plats.
    I paid all 3 fines on time.
    However today i received 3 charges to appear in court for failed to produce an NCT cert, No insurance and failed to produce insurance certificate.

    Last year was a very stressful year for myself and my partner and now this. I was just wondering how can i be summonsed to court when i paid the fixed fines and was never asked to produce anything in any garda station as i produced them on the side of the road. What will happen with this?, and how should i go about dealing with it?.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 5,477 ✭✭✭Oops69


    were you insured at the time or not ?


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Seems the court summons are separate to the fixed fines you paid.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    The car wouldn't be insured as per clause in insurance contract. No NCT no insurance.

    Did you actually have a policy?

    You will need to attend court and I would advise getting a solicitor whether before hand or find one in the court on the day.


  • Registered Users, Registered Users 2 Posts: 2,788 ✭✭✭9935452


    The car wouldn't be insured as per clause in insurance contract. No NCT no insurance.

    Did you actually have a policy?

    You will need to attend court and I would advise getting a solicitor whether before hand or find one in the court on the day.

    What about the insurance companies 3rd party obligation?
    Basically my understanding of it is , they have an obligation to take care of the 3rd party but can come after you for the costs meaning as long as the op had a policy in place he had insurance .


  • Registered Users, Registered Users 2 Posts: 2,788 ✭✭✭9935452


    The car wouldn't be insured as per clause in insurance contract. No NCT no insurance.

    Did you actually have a policy?

    You will need to attend court and I would advise getting a solicitor whether before hand or find one in the court on the day.

    What about the insurance companies 3rd party obligation?
    Basically my understanding of it is , they have an obligation to take care of the 3rd party but can come after you for the costs meaning as long as the op had a policy in place he had insurance .


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  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    9935452 wrote: »
    What about the insurance companies 3rd party obligation?
    Basically my understanding of it is , they have an obligation to take care of the 3rd party but can come after you for the costs meaning as long as the op had a policy in place he had insurance .

    He can still be done.


  • Registered Users Posts: 507 ✭✭✭Sinus pain


    Could be a clerical error? Do you paid the fines and have received a summons for the same breaches? Have you got proof of payment? If so turn up at the court with your proof and it will be dismissed

    Ok I read it wrong. Just plead to the judge that you weren’t asked to produce - you were asked to pay fines and complied and would have complied with the production of certain had you have known. If you were covered by certs at the time you were asked to produce them you should be ok


  • Registered Users, Registered Users 2 Posts: 36,169 ✭✭✭✭ED E


    Should the charge not be no insurance not failure to produce same?


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    He can still be done.

    No he can't. Under European law, clauses relating to the condition of a vehicle or the licensing of the driver can't be used to void a policy. There is a separate charge of obtaining insurance by fraud. Once there is an insurance cert the charge of driving without insurance can't be made out. Unfortunately for the o/p he will have to hope to get a fair hearing from the judge. If he had no NCT or Tax it is unlikely he can afford a solicitor.


  • Registered Users Posts: 14 mcdgray129


    Oops69 wrote: »
    were you insured at the time or not ?


    I was, i even showed my insurance cert on the road


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  • Registered Users, Registered Users 2 Posts: 13,245 ✭✭✭✭Losty Dublin


    mcdgray129 wrote: »
    I was, i even showed my insurance cert on the road

    Gardaí at the roadside don't always have the time or the means to check up on the validity of an insurance certificate when roadside, or to see if there are any special conditions or endorsements attached to same. Also, very few people carry their papers with them in their vehicle. Therefore they will generally ask you to produce it at a station of your choosing. Similarly, they may ask you to produce evidence of having a valid NCT for your car

    Bear in mind that there are separate offences of failing to display an Insurance Disc, failing to produce an Insurance Certificate and failing to have Valid Insurance. The latter is the most serious of the three and will be treated as such by a prosecuting Garda and a Judge in court. There are also similar offences in relation to the NCT.

    Given that you seem to have some confusion as to what you have and haven't paid, that your car was seized and that you were traveling on a Learners Permit, you really should approach a local solicitor with experience in road traffic offences or you could be risking a conviction and disqualification.


  • Registered Users Posts: 596 ✭✭✭crusier


    You should have you act together when your partner is pregnant and make sure you can complete journeys. It's not fair to blame gardai who have to try and decide who's acting the Mick and continuously chancing their arm. No sympathy here for your Summons but yes for your partner


  • Registered Users Posts: 14 mcdgray129


    Sinus pain wrote: »
    Could be a clerical error? Do you paid the fines and have received a summons for the same breaches? Have you got proof of payment? If so turn up at the court with your proof and it will be dismissed

    Ok I read it wrong. Just plead to the judge that you weren’t asked to produce - you were asked to pay fines and complied and would have complied with the production of certain had you have known. If you were covered by certs at the time you were asked to produce them you should be ok


    I have the letter they sent me out from the RSA after i paid the fines that states how many penalty points will be put on my license but im sure if i rang them with the PP Notice ID they should be able to send me a letter stating i paid the fines.

    Im also going to ring my insurance to get a letter from them stating how i was insurance at the time also.


  • Registered Users Posts: 14 mcdgray129


    crusier wrote: »
    You should have you act together when your partner is pregnant and make sure you can complete journeys. It's not fair to blame gardai who have to try and decide who's acting the Mick and continuously chancing their arm. No sympathy here for your Summons but yes for your partner


    Im not blaming the Garda for taking the car as that is their job, i knew the risk could be having the car taking off me if i drove it, only for this appointment came up in an emergency i never would of been driving the car in the first place. But at the time my partner just found out she was pregnant from her GP and we where giving a letter to go straight to mullingar the next day over the last miscarriage and my partner having other problems. But since i was insured and since the garda never asked me to produce anything (If he did i would of) or never informed me that i could be summons to court i didn't think id receive a summons to court after paying the fixed fine and receiving my penalty points.


    But once i bring proof that i had a valid insurance at the time of being stopped and paid the fixed fine for the NCT shouldn't that be enough for the case to be dismissed?.


  • Closed Accounts Posts: 128 ✭✭Johnny Red Cab


    Gardaí at the roadside don't always have the time or the means to check up on the validity of an insurance certificate when roadside, or to see if there are any special conditions or endorsements attached to same. Also, very few people carry their papers with them in their vehicle. Therefore they will generally ask you to produce it at a station of your choosing. Similarly, they may ask you to produce evidence of having a valid NCT for your car

    Bear in mind that there are separate offences of failing to display an Insurance Disc, failing to produce an Insurance Certificate and failing to have Valid Insurance. The latter is the most serious of the three and will be treated as such by a prosecuting Garda and a Judge in court. There are also similar offences in relation to the NCT.

    Given that you seem to have some confusion as to what you have and haven't paid, that your car was seized and that you were traveling on a Learners Permit, you really should approach a local solicitor with experience in road traffic offences or you could be risking a conviction and disqualification.
    Loads of misinformation in this thread.

    Once a roadside Garda makes a lawful demand for insurance and an insurance cert is produced, that demand has been satisfied. Any subsequent demand to produce at a Garda Station is unlawful. It is not the motorists problem that the Garda doesn't want to read the cert at the roadside.


  • Registered Users Posts: 244 ✭✭La Haine


    mcdgray129 wrote: »
    1 for driving with no NCT another for no tax, and another for driving on a provisional license without L plats.

    You know what - skip the personal reasons and we're left with the above.
    Not only were you a danger to yourself and your partner, but you were a danger to other roads users. Touch wood you get a ban and are priced out of insuring a car ever again.


  • Registered Users Posts: 14 mcdgray129


    La Haine wrote: »
    You know what - skip the personal reasons and we're left with the above.
    Not only were you a danger to yourself and your partner, but you were a danger to other roads users. Touch wood you get a ban and are priced out of insuring a car ever again.


    Thats a bit harsh. I've been driving for over 9 years just never got around to going for my full license yet so id suspect im a better driver then many people who has a full license.

    Also im not being summons to court for No L plats or for driving with a provisional license.

    Im being summons for 1, Failing to produce an NCT cert yet the garda knew my car was out of NCT since they told me id get a fixed fine and 3 penalty points on my license after i paid (And i did pay i got proof of this) and also never asked me to produce an NCT cert as they already knew i didnt have NCT on the car at the time.

    and 2, Failing to produce an Insurance cert yet i showed my cert at the side of the road and the garda said that will do, nothing about bringing it into the Garda station. And 3 not having insurance yet i have proof i was insured on the car at that time.
    So heres hoping all charges will be dropped. what say you?.


  • Registered Users, Registered Users 2 Posts: 40,526 ✭✭✭✭ohnonotgmail


    Have you spoken to the guard at all?


  • Registered Users Posts: 244 ✭✭La Haine


    Too busy over a 9 year period were you? Sure with the 'better than most' experience you have, you wouldn't have considered doing the test to save on insurance costs no?

    Save it all for the judge, but do PLEASE come back on here and let us all know how you got on in court.


  • Registered Users, Registered Users 2 Posts: 160 ✭✭Jem123


    La Haine wrote: »
    You know what - skip the personal reasons and we're left with the above.
    Not only were you a danger to yourself and your partner, but you were a danger to other roads users. Touch wood you get a ban and are priced out of insuring a car ever again.

    :( Hopefully you're never in a similar situation La Haine. A little compassion wouldn't go astray.


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  • Registered Users, Registered Users 2 Posts: 3,133 ✭✭✭Mervyn Skidmore


    Loads of misinformation in this thread.

    Once a roadside Garda makes a lawful demand for insurance and an insurance cert is produced, that demand has been satisfied. Any subsequent demand to produce at a Garda Station is unlawful. It is not the motorists problem that the Garda doesn't want to read the cert at the roadside.

    This happened to me, asked on road side to show cert of insurance. Went to glove box and got it out only for the garda to tell me to show it at a station within 10 days. Completely ridiculous, and very inconvenient for me. Told a friend and he said the same happened to him.


  • Registered Users Posts: 72 ✭✭Blazedup


    4ensic15 wrote:
    No he can't. Under European law, clauses relating to the condition of a vehicle or the licensing of the driver can't be used to void a policy. There is a separate charge of obtaining insurance by fraud. Once there is an insurance cert the charge of driving without insurance can't be made out. Unfortunately for the o/p he will have to hope to get a fair hearing from the judge. If he had no NCT or Tax it is unlikely he can afford a solicitor.


    This is interesting... Where can I find out more about this?


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    He can still be done.
    This is 100% incorrect.

    Not having an NCT does not invalidate your mandatory insurance. End of story.
    mcdgray129 wrote: »
    I've been driving for over 9 years just never got around to going for my full license yet so id suspect im a better driver then many people who has a full license.
    Bluntly, most people don't get done for no NCT, no Tax and no qualified driver. Being a good driver is not about staying between the lines, it's about driving safely and in accordance with the law.
    You can't claim to be better than most drivers in a thread where you admit to having been stopped for 3 separate offences in one go.
    Im being summons for 1, Failing to produce an NCT cert

    and 2, Failing to produce an Insurance cert

    And 3 not having insurance yet i have proof i was insured on the car at that time.

    The "no insurance" charge is related to the non-production charge. If you don't produce the cert, it's assumed you weren't insured. So if you can bring your proof of insurance to court, at the very least the judge will strike out the "no insurance" charge.

    In terms of non-production, it's standard practice after a stop to require someone to produce certificates at the station, so an appropriate note can be made of the details. The Garda noting it in his personal book is usually insufficient.
    Your problem is that the Garda may have not mentioned it to you at the time, but when he reviews his notebook at the end of the day, he doesn't remember that. He thinks he did.

    So he comes back to your case, notes that certs were never produced, and initiates the process.

    In court it's your word against his.

    I think for the sake of a few sheckles, it's worth engaging a solicitor on this who can advise on putting your best foot forward in court.


  • Registered Users, Registered Users 2 Posts: 1,433 ✭✭✭AlanG


    Whatever about the circumstances the question you are asking is fairly simple - If you pay a fixed fine on time for an offense can you still be brought to court.
    I would think the law of double jeopardy would apply in that you cannot be punished twice for the same incident.

    If you are sure the summons is for the same incidents then you probably have a good case and I would expect it was a clerical error.


  • Registered Users, Registered Users 2 Posts: 28,332 ✭✭✭✭drunkmonkey


    Isn't there something in EU law about taking a vehicle if it can endanger someones humans rights.
    Did the Guard just leave the two of you on the side of the road. Completely out of order if they did as you were on the way to hospital.
    I'd get a good solicitor to look at this and not just from the point of getting help with the charges.


  • Registered Users, Registered Users 2 Posts: 40,526 ✭✭✭✭ohnonotgmail


    Isn't there something in EU law about taking a vehicle if it can endanger someones humans rights.
    Did the Guard just leave the two of you on the side of the road. Completely out of order if they did as you were on the way to hospital.
    I'd get a good solicitor to look at this and not just from the point of getting help with the charges.


    they were going to hospital for an appointment.


  • Registered Users Posts: 244 ✭✭La Haine


    Jem123 wrote: »
    :( Hopefully you're never in a similar situation La Haine. A little compassion wouldn't go astray.

    Nothing hopeful about it Pal. I know what legal obligations I need to fulfil, and do so, in order to drive on our public road. Don't care if the dog ate his homework or not, end of.


  • Registered Users Posts: 34 tomatofruit


    bring your insurance certs and any other relevant docs (NCT) to the garda named on the summons prior to court date, asap really, get a contact number for him and follow up with a call to make sure all boxes are ticked, u will still need to attend on the day but will be dismissed when your number is called if you have produced everything,


  • Registered Users, Registered Users 2 Posts: 13,245 ✭✭✭✭Losty Dublin


    Loads of misinformation in this thread.

    Once a roadside Garda makes a lawful demand for insurance and an insurance cert is produced, that demand has been satisfied. Any subsequent demand to produce at a Garda Station is unlawful. It is not the motorists problem that the Garda doesn't want to read the cert at the roadside.

    No misinformation here. The lawful demand is to present your valid insurance certificate at a station of your choosing within a specified time. To not do so is an offence. That you may have a cert on hand at the time is all well and good but if the Garda requests production then that's what you should do. If not, well that's a different issue altogether. Bear in mind that you may be possession of what looks to be a valid certificate but it may well be an invalid certificate for any amount of reasons both fair and foul.

    Again, I should repeat that OP should obtain professional legal advice here as he clearly is in unsure of exactly what he should do from here.


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    No misinformation here. The lawful demand is to present your valid insurance certificate at a station of your choosing within a specified time. To not do so is an offence. That you may have a cert on hand at the time is all well and good but if the Garda requests production then that's what you should do. If not, well that's a different issue altogether. Bear in mind that you may be possession of what looks to be a valid certificate but it may well be an invalid certificate for any amount of reasons both fair and foul.

    Again, I should repeat that OP should obtain professional legal advice here as he clearly is in unsure of exactly what he should do from here.

    Actually the requirement to produce within 10 days is only lawful if you fail to produce there and then, if you produce there and then and they still request within 10 days then no offence is committed by failing to do so.

    The conditions for the offence is for failing to produce there and then and failing to produce within 10 days. The problem is it is your word against theirs.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    4ensic15 wrote: »
    No he can't. Under European law, clauses relating to the condition of a vehicle or the licensing of the driver can't be used to void a policy.

    No, under EU law such clauses can't be used to prevent a claim by a third party, noting stops them from revoking a policy otherwise.


  • Registered Users, Registered Users 2 Posts: 1,662 ✭✭✭BaronVon


    With regards the insurance, there are 2 offences, failging to produce a certificate of insurance, and having no insurance. Section 69 (1) of the RTA 1961 states:
    ....if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

    If you produced it at the side of the road, and it's valid, these 2 offences will be struck out.

    With regards NCT, there are 3 offences, Using a Vehicle with No NCT, failure to produce NCT, and failure to produce an NCT certificate. If you have no NCT, you commit all 3 offences (providing an NCT certificate was demanded from you), Using a vehicle without an NCT is a Fixed Charge offence, hence you were issued a ticket. The other 2 offences are not, hence you received the summons. That has nothing to do with the Guard, that is just the glorious FCPS system at work. The option for the Guard to demand production of the NCT certificate is there for people who have no disc on the window, but insist they have it. (presumably)

    Generally all 3 NCT offences would be dealt with as 1 by the judge. Since you have already paid the ticket for NCT, the judge will no doubt take this into consideration.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    GM228 wrote: »
    No, under EU law such clauses can't be used to prevent a claim by a third party, noting stops them from revoking a policy otherwise.

    The policy remains active but the insurance company can sue their own isured for breach of condition. The policy is not voided.


  • Registered Users, Registered Users 2 Posts: 13,245 ✭✭✭✭Losty Dublin


    GM228 wrote: »
    Actually the requirement to produce within 10 days is only lawful if you fail to produce there and then, if you produce there and then and they still request within 10 days then no offence is committed by failing to do so.

    My Garda Sgt. cousin tells me differently to you, and I'd trust his word over you.


  • Closed Accounts Posts: 128 ✭✭Johnny Red Cab


    Ah the Templemore fallacy.


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  • Registered Users, Registered Users 2 Posts: 1,019 ✭✭✭Mike3549


    Op does your partner have a full licence? if she doesnt, theres a chance that your insurance is invalid in this situation if you were not accompanied by experienced driver.
    I know we had to produce insurance cert and my full licence to garda when my wife crashed her car while on provisional licence.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    4ensic15 wrote: »
    The policy remains active but the insurance company can sue their own isured for breach of condition. The policy is not voided.

    Yes the policy can be voided, it is known as an enforced cancellation and nothing under EU law prevents this. Other than statutory requirements normal contractual law comes into play, in such a circumstance the contract is voidable and the insurance company have the ability to make it void.

    The EU Motor Insurance Directive simply makes such clauses void in relation to claims by a third party.
    Article 13

    Exclusion clauses

    1.   Each Member State shall take all appropriate measures to ensure that any statutory provision or any contractual clause contained in an insurance policy issued in accordance with Article 3 shall be deemed to be void in respect of claims by third parties who have been victims of an accident where that statutory provision or contractual clause excludes from insurance the use or driving of vehicles by:

    (a) persons who do not have express or implied authorisation to do so;

    (b) persons who do not hold a licence permitting them to drive the vehicle concerned;

    (c) persons who are in breach of the statutory technical requirements concerning the condition and safety of the vehicle concerned.

    If they somehow find out they can void and will not fall foul of any statutory provisions, they still obviously have to honour any third party claim.


  • Closed Accounts Posts: 128 ✭✭Johnny Red Cab


    GM228 wrote: »
    Yes the policy can be voided, it is known as an enforced cancellation and nothing under EU law prevents this. Other than statutory requirements normal contractual law comes into play, in such a circumstance the contract is voidable and the insurance company have the ability to make it void.

    The EU Motor Insurance Directive simply makes such clauses void in relation to claims by a third party.



    If they somehow find out they can void and will not fall foul of any statutory provisions, they still obviously have to honour any third party claim.
    Which will leave the Gardaí not interested in pursuing a Section 56 charge.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    My Garda Sgt. cousin tells me differently to you, and I'd trust his word over you.

    Well apart from the fact I come from a family of Gardaí don't take my word, but perhaps take the word of the Road Traffic Act 1961 as amended which is the authority for such:
    Production of certificate on demand.

    69.— (1) ( a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use of the vehicle by the person on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

    As you can see you can't commit an offence unless you both fail to produce there and then and fail to produce within ten days. If you did produce there and then you can't be done for failing to produce ten days later, it's there in black and white.


  • Registered Users, Registered Users 2 Posts: 367 ✭✭Marz66


    You can ring the guard and meet him to go through the case, show them your documents etc.
    if they are traffic division, they will be out of the station lots and you will have to keep ringing until you get through to them.

    It’s in the guards interest to sort it out before court as well. If he agrees all is ok, he might agree to say “charges withdrawn” when the case is called in court. This happens all the time but you have to meet the guard beforehand.
    Good luck.

    That’s easier than trying to explain yourself in court. If it does go to court, do get a solicitor who deals with these things. They can talk the talk etc.


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    infacteh wrote: »
    With regards NCT, there are 3 offences, Using a Vehicle with No NCT, failure to produce NCT, and failure to produce an NCT certificate. If you have no NCT, you commit all 3 offences (providing an NCT certificate was demanded from you), Using a vehicle without an NCT is a Fixed Charge offence, hence you were issued a ticket. The other 2 offences are not, hence you received the summons.

    There are only two NCT related offences, using a vehicle without an in force test certificate (also a FCPN carrying penalty points) and failure to produce.

    It's also interesting to note that unlike tax and insurance there is actually no legal requirement to display a NCT disc in your window.


  • Registered Users, Registered Users 2 Posts: 2,788 ✭✭✭9935452


    A couple of questions op.
    How long was the car out of tax and nct ?
    Was the car declared off the road for tax purposes?


  • Registered Users Posts: 1,666 ✭✭✭Muppet Man


    OP, firstly sorry to hear about your partner - truly tragic. Best of luck in the future.

    Secondly, some very harsh comments here about what you've done, for which you admitted and acknowledged you were taking a chance and was wrong. I've been in a similar position, where I was told I had to wait an hour (seriously, in dublin) for an ambulance for my wife. If I was of the opinion that it was serious or life threatening, I would have driven her myself - insurance or not. You do what you need to do to protect your loved ones. Of course it would have been wrong, but I do wrong things every day and sometimes the end justifies the means.

    Lastly try and get a solicitor - he will plead better with the judge on the day and you have a better chance of a more successful outcome.

    Best of luck.
    Muppet man.


  • Registered Users, Registered Users 2 Posts: 1,699 ✭✭✭ronaneire


    La Haine wrote: »
    You know what - skip the personal reasons and we're left with the above.
    Not only were you a danger to yourself and your partner, but you were a danger to other roads users. Touch wood you get a ban and are priced out of insuring a car ever again.


    Are you perfect? Was it not personal reasons they drove their car.



    OP go to court and explain to the Judge, hopefully they are understanding!


  • Registered Users, Registered Users 2 Posts: 861 ✭✭✭goldenhoarde


    The insurance cert is the page that the disc comes off and it's not the actual disc.

    That's what is required (NCT is the same)

    OP As has been said in posts try and get to see the guard and see what he will do, but have all proof of payment and certs.

    No joy there get a solicitor for court, they should be able to sort if you have proof of payment and certs.


  • Registered Users Posts: 244 ✭✭La Haine


    ronaneire wrote: »
    ....Was it not personal reasons they drove their car.......

    A 9 year provisional licence holder and this was the first time he took a punt and took the car out for a spin; ya think?

    Maybe his tax and insurance were only out by a couple of days too and the Gardai were just being insensitive to his and his wife's position by taking the car off him at the side of the road – and making them WALK home? Instead of giving him and her an escort to the hospital?

    An appointment was sent out by the hospital, well in advance of the expected date of it no doubt (as they are) and our OP decided to carry-on flying in the face of the law regardless.

    Clowns like this that run up my premiums every year should be off the road permanently.

    Here's hoping.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    GM228 wrote: »
    There are only two NCT related offences, using a vehicle without an in force test certificate (also a FCPN carrying penalty points) and failure to produce.

    It's also interesting to note that unlike tax and insurance there is actually no legal requirement to display a NCT disc in your window.

    You are correct in the sense that there are only two offences - but there is a legal requirement to display the disc here: http://www.irishstatutebook.ie/eli/2009/si/548/made/en/print

    What's unusual is that there is no associated offence for failing to display the disc in accordance with that SI, as far as I can ascertain (by way of my clumsy analysis of the RTAs etc!)


  • Registered Users, Registered Users 2 Posts: 1,699 ✭✭✭ronaneire


    La Haine wrote: »
    A 9 year provisional licence holder and this was the first time he took a punt and took the car out for a spin; ya think?

    Maybe his tax and insurance were only out by a couple of days too and the Gardai were just being insensitive to his and his wife's position by taking the car off him at the side of the road – and making them WALK home? Instead of giving him and her an escort to the hospital?

    An appointment was sent out by the hospital, well in advance of the expected date of it no doubt (as they are) and our OP decided to carry-on flying in the face of the law regardless.

    Clowns like this that run up my premiums every year should be off the road permanently.

    Here's hoping.


    Come down from your high horse!! Your world must be perfect?



    Also go back an see where the OP mentions anything about his insurance being out?


    Their doctor advised them to go the hospital after they found she was pregnant and had miscarried previously. There was no appointment sent out.



    Did he cause an accident to put up your insurance premium?


  • Registered Users Posts: 244 ✭✭La Haine


    ronaneire wrote: »
    ....There was no appointment sent out.....

    Have another read pal:

    "The appointment was sent out to us to check that everything was ok with the pregnancy "

    Pretty sure your car needs to be up to speed on TAX and NCT if you expect your insurance to be valid WHILIST DRIVING ON A PUBLIC ROAD.


    Anyway, apart from that; have a read up on the new Clancy Amendment that went live on Dec 22nd 2018.

    For your interest it's named after the Clancy family, who lost two members in a crash involving an unaccompanied learner three years. Noel Clancy lost his wife Geraldine (58) and daughter Louise (22) on December 22, 2015.


  • Registered Users, Registered Users 2 Posts: 1,699 ✭✭✭ronaneire


    La Haine wrote: »
    Have another read pal:

    "The appointment was sent out to us to check that everything was ok with the pregnancy "

    Pretty sure your car needs to be up to speed on TAX and NCT if you expect your insurance to be valid WHILIST DRIVING ON A PUBLIC ROAD.


    Anyway, apart from that; have a read up on the new Clancy Amendment that went live on Dec 22nd 2018.

    For your interest it's named after the Clancy family, who lost two members in a crash involving an unaccompanied learner three years. Noel Clancy lost his wife Geraldine (58) and daughter Louise (22) on December 22, 2015.


    What has it to do with the Clancy Law?



    The OP knows and excepts he made a mistake. He is questioning why he has to appear in court after paying his fines and showing the Guard his insurance.



    If you have issue with it, why don't you attend the court date and plead with the judge for a harsher fine!!


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