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car seized
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24-06-2007 8:31pm#1
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I'M RESIDENT HERE AND I KNOW THAT I SHOULD HAVE REGISTERED THE CAR( I IMPORTED IT) I Just want to know why the gardai are going around taking carsfrom people for not paying vrt is that not the job of the tax man it is a tax after all.. as for sympathy im not looking for any so its a good thing since im not going to get any!!!micmclo wrote:Are you resident here and when did you import it?
Your spelling isn't the best so I'm not sure.
I see you're new.
You'll get loads of advice but absolutly no sympathy
Edit:
WTF?
I'm not the OP so not sure why I am post No.10 -
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Finance Act 1992
139.—(1) It shall be an offence under this subsection for a person, in respect of a vehicle in the State—
( a ) to make a declaration under section 131 which is false or in any material respect misleading or to allow any other person to make such a declaration on his behalf,
( b ) to be in possession of a vehicle on which an identification mark referred to in section 131 (6) is not displayed or is not displayed in the prescribed manner,
( c ) to display an identification mark on the vehicle in contravention of section 131 (6),
( d ) to destroy, mutilate, deface, alter, amend or in any other way interfere with a certificate without authorisation from the Commissioners,
( e ) to fail to make a declaration under section 133 (2) (a), or to make it in the prescribed manner, when required to do so by the Commissioners, or
( f ) to contravene or fail to comply, whether by act or omission, with any other provision of this Chapter or of regulations under section 141.
(2) Without prejudice to any other penalty to which he may be liable, any person guilty of an offence under subsection (1) shall be liable on summary conviction to a penalty under the law relating to excise of £1,000.
(3) It shall be an offence under this subsection for a person, in respect of a vehicle in the State—
( a ) to be in possession of the vehicle if it is unregistered unless he is an authorised person or the vehicle is the subject of an exemption under section 135 for the time being in force and the vehicle is being used in accordance with any conditions, restrictions or limitations referred to in section 135,
( b ) if the vehicle is the subject of an exemption under section 134, to be in possession of the vehicle other than in accordance with any conditions, restrictions or limitations referred to in section 134,
( c ) to issue or to be in possession of a document which purports to be, but is not, a certificate,
( d ) to fail to pay any vehicle registration tax due by him,
( e ) if the vehicle is an unregistered vehicle or a converted vehicle, to fail to account for it in accordance with section 137, or
( f ) if the vehicle is an unregistered vehicle or a converted vehicle in relation to which particulars of the conversion have not been declared in accordance with section 131 or a converted vehicle in relation to which particulars of the conversion have been so declared but vehicle registration tax has not been paid on the declaration, to deliver the vehicle to a person other than an authorised person.
(4) Without prejudice to any other penalty to which he may be liable, any person guilty of an offence under subsection (3) shall be liable on summary conviction to a penalty under the law relating to excise of £1,000.
(5) A vehicle in respect of which an offence under subsection (3) was committed shall be liable to forfeiture.
It is not just a tax matter, it's also a traffic offence. If a vehicle is imported without being re-registered then it places the Gardaí any members of the public at a disadvantage as many of the consequences of traffic offences committed by the driver of such a vehicle cannot be pursued and the vehicle cannot be 'checked' in the normal manner.
It is also a major insult to those of us who are law abiding and pay our way in society.
Complete and utter rubbish! :rolleyes:slickmcvic wrote:I heard The guard that confiscates the car gets €400 per car0 -
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Wishbone Ash wrote:Finance Act 1992
139.—(1) It shall be an offence under this subsection for a person, in respect of a vehicle in the State—
( a ) to make a declaration under section 131 which is false or in any material respect misleading or to allow any other person to make such a declaration on his behalf,
( b ) to be in possession of a vehicle on which an identification mark referred to in section 131 (6) is not displayed or is not displayed in the prescribed manner,
( c ) to display an identification mark on the vehicle in contravention of section 131 (6),
( d ) to destroy, mutilate, deface, alter, amend or in any other way interfere with a certificate without authorisation from the Commissioners,
( e ) to fail to make a declaration under section 133 (2) (a), or to make it in the prescribed manner, when required to do so by the Commissioners, or
( f ) to contravene or fail to comply, whether by act or omission, with any other provision of this Chapter or of regulations under section 141.
(2) Without prejudice to any other penalty to which he may be liable, any person guilty of an offence under subsection (1) shall be liable on summary conviction to a penalty under the law relating to excise of £1,000.
(3) It shall be an offence under this subsection for a person, in respect of a vehicle in the State—
( a ) to be in possession of the vehicle if it is unregistered unless he is an authorised person or the vehicle is the subject of an exemption under section 135 for the time being in force and the vehicle is being used in accordance with any conditions, restrictions or limitations referred to in section 135,
( b ) if the vehicle is the subject of an exemption under section 134, to be in possession of the vehicle other than in accordance with any conditions, restrictions or limitations referred to in section 134,
( c ) to issue or to be in possession of a document which purports to be, but is not, a certificate,
( d ) to fail to pay any vehicle registration tax due by him,
( e ) if the vehicle is an unregistered vehicle or a converted vehicle, to fail to account for it in accordance with section 137, or
( f ) if the vehicle is an unregistered vehicle or a converted vehicle in relation to which particulars of the conversion have not been declared in accordance with section 131 or a converted vehicle in relation to which particulars of the conversion have been so declared but vehicle registration tax has not been paid on the declaration, to deliver the vehicle to a person other than an authorised person.
(4) Without prejudice to any other penalty to which he may be liable, any person guilty of an offence under subsection (3) shall be liable on summary conviction to a penalty under the law relating to excise of £1,000.
(5) A vehicle in respect of which an offence under subsection (3) was committed shall be liable to forfeiture.
It is not just a tax matter, it's also a traffic offence. If a vehicle is imported without being re-registered then it places the Gardaí any members of the public at a disadvantage as many of the consequences of traffic offences committed by the driver of such a vehicle cannot be pursued and the vehicle cannot be 'checked' in the normal manner.
It is also a major insult to those of us who are law abiding and pay our way in society.
Complete and utter rubbish! :rolleyes:
if you insist on quoting law to us why dont you at least put in the correct section vehiches are seized under section 140 not 139....
looked up some of your other posts not the first time you got the law wrong0 -
I'm not insisting on anything. You were asking the questions.kopparberg wrote:if you insist on quoting law to us
Is this one of those threads where the OP only wishes to hear what suits him/her? :rolleyes:
Here is section 140. Perhaps you could explain where it relates to forfeiture of a vehicle?kopparberg wrote:why dont you at least put in the correct section vehiches are seized under section 140 not 139....
140.—(1) In any proceedings for an offence under this Chapter in respect of failure to pay any amount of vehicle registration tax, it shall be presumed until the contrary is shown that the vehicle registration tax in respect of the vehicle to which the charge relates has not been paid.
(2) A certificate or a document purporting to be signed by an officer of the Commissioners and to contain particulars extracted from the register or a document purporting to be signed by an officer of the Commissioners and to contain particulars extracted from any other records relating to vehicles shall, without proof of the signature of such officer, or that he was an officer of the Commissioners, be evidence, until the contrary is shown, of the particulars aforesaid stated in the certificate or document.
Glad to see that you have time on your hands!kopparberg wrote:looked up some of your other posts
Please enlighten me as to where I have made a mistake - I'll gladly rectify it. I never claimed to be perfect but at least I haven't had my car seized for non-payment of VRT!kopparberg wrote:not the first time you got the law wrong 0 -
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