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NCT,Tax and a Garda. What can I do?

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  • 20-02-2008 12:14pm
    #1
    Closed Accounts Posts: 38


    Ok.

    Get stopped last night. Tax out of date by 19 days, and NCT out of date by 14 months. I've been stopped a couple of times in the past year and the NCT has not even warranted a mention by the Gardai.

    I've been given 10 days to present Licence, Tax and NCT to a Garda station.

    Licence, insurance and tax is no problem, but the NCT cannot be got within the 10 days, they are fully booked up and waiting lists are a minimum of 2 weeks.
    He said he will summons me if I don't have the NCT in 10 days, even though I told him that was impossible due to the lists. I think he wants to summons me, the f**ker.

    I'm emigrating in a few weeks and I wonder if anyone has any ideas?
    Should I sell the car? or otherwise get rid of it? Would that nulify the NCT
    issue?


«13

Comments

  • Closed Accounts Posts: 602 ✭✭✭IrishRover


    You are allowed to renew your tax at any time during the month after your tax expires - it says that on the online renewal forms they post out.
    Therefore the only thing out of order is the nct and I'm surprised to hear some of them seem to want to enforce that now.
    If your insurance was not expired I wouldn't be too worried, but if you ring the nct people, who generally seem quite helpful, and tell them you are flexible and will take a cancellation you might find you could get a date within a few days.


  • Registered Users Posts: 18,484 ✭✭✭✭Stephen


    14 months is fairly taking the piss with the NCT tbh. You might get away with an appointment confirmation letter from the NCTS though.


  • Closed Accounts Posts: 38 NP14


    IrishRover wrote: »
    You are allowed to renew your tax at any time during the month after your tax expires - it says that on the online renewal forms they post out.
    Therefore the only thing out of order is the nct and I'm surprised to hear some of them seem to want to enforce that now.
    If your insurance was not expired I wouldn't be too worried, but if you ring the nct people, who generally seem quite helpful, and tell them you are flexible and will take a cancellation you might find you could get a date within a few days.


    Thanks IrishRover,

    He was young and very officious, very wet behind the ears, not long out of Templemore would be my guess. I got onto the NCT bookings this morning and they pretty much said I had no hope of getting it in time.:mad:

    IMO, all sectors of the ciil service have been given orders to increase the enforcement of anything that increases the tax take now that the wind has been taken out of the public finances.:(


  • Registered Users Posts: 2,817 ✭✭✭Tea drinker


    NP14 wrote: »
    Thanks IrishRover,

    He was young and very officious, very wet behind the ears, not long out of Templemore would be my guess. I got onto the NCT bookings this morning and they pretty much said I had no hope of getting it in time.:mad:

    IMO, all sectors of the ciil service have been given orders to increase the enforcement of anything that increases the tax take now that the wind has been taken out of the public finances.:(

    Come on, leave the Garda alone and take care of your own business!


  • Closed Accounts Posts: 38 NP14


    Stephen wrote: »
    14 months is fairly taking the piss with the NCT tbh. You might get away with an appointment confirmation letter from the NCTS though.


    I think the NCT is a bit of a piss-take in itself. Not necessary for insurance or Tax, not even mentioned by most Gardai on the roads.

    I suggested to him that I would be able to have a letter of appointment in 10 days, but no, he was determined to get me to court.


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  • Closed Accounts Posts: 602 ✭✭✭IrishRover


    Yeah, that approach doesn't really seem to benefit anyone or accomplish much.
    I agree that it seems as if the guys who are in the force a bit longer tend to take a more considered approach to policing.

    If you really can't get a test date anywhere within 10 days at least get the proof that you have an appointment booked.


  • Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    I wonder what happens if you emigrate without getting it sorted?

    Could it be.. cop escalates it, summons you to court, you don't show (naturally), and then either:
    a) judge issues bench warrant for your arrest, and you are "picked up" when you come back into the country, and kept in custody till your court appearance, or
    b) judge sentences you in your absense by means of a fine and penalty points, which you don't pay (naturally), and you get a criminal record which means you can't go to the USA and a whole pile of other countries.

    ..or maybe nothing will happen.


  • Registered Users Posts: 22,815 ✭✭✭✭Anan1


    NP14 wrote: »
    I think the NCT is a bit of a piss-take in itself. Not necessary for insurance or Tax, not even mentioned by most Gardai on the roads.

    I suggested to him that I would be able to have a letter of appointment in 10 days, but no, he was determined to get me to court.
    Don't take this the wrong way, but having read your posts i'm wondering whether the Guard just didn't like your attitude? After all, he's just doing the job we pay him to do - you're the one who's been driving around without a valid NCT for 14 months.


  • Closed Accounts Posts: 38 NP14


    Anan1 wrote: »
    Don't take this the wrong way, but having read your posts i'm wondering whether the Guard just didn't like your attitude? After all, he's just doing the job we pay him to do - you're the one who's been driving around without a valid NCT for 14 months.


    It was nothing to do with my attitude. I'm always nice to Gardai as I realise that they are just doing their job, and I know it's not the nicest job to be doing. I was totally respectful and subjugated myself to his authority.

    He just seemed determined for some reason, part of which I speculate that it may be something to do with orders to enforce measures that will increase the tax take. (We'll see a lot more of this in the months and years ahead IMHO.

    I'm just looking for some opinions. If I sell the car for scrap or whatever does anyone know of any breakers who might buy it?

    And, if I sell it, does that nulify the whole NCT thing? Can I be summonsed for not having NCT on a car that I do not own?Any opinions of this anyone please?

    I'm not trying to outwit the system, but as I said, I'm leaving the country. and I don't want it to escalate legally into something nasty, when in fact the
    whole matter is over something relatively minor, which may or may not be bothered with depending onthe Garda.


  • Closed Accounts Posts: 2,706 ✭✭✭craichoe


    Don't know if you've copped this but he can do you even if you get your NCT and tax sorted out within the 10 days.

    Say i get stopped .. say i have insurance but don't. Tell them i'll show it within 10 days and insure the car the next day, i still wouldn't have been insured when i got stopped.

    Anyways man, your screwed.
    Been there and done it !

    Why not tell the cop your leaving the country, he'll probably give up as he won't want the paperwork.


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  • Registered Users Posts: 18,484 ✭✭✭✭Stephen


    You owned it on the date you were pulled so I'd imagine they'd still be within their rights to summons you.


  • Registered Users Posts: 40,152 ✭✭✭✭Boggles


    NP14 wrote: »
    It was nothing to do with my attitude. I'm always nice to Gardai as I realise that they are just doing their job, and I know it's not the nicest job to be doing. I was totally respectful and subjugated myself to his authority.

    He just seemed determined for some reason, part of which I speculate that it may be something to do with orders to enforce measures that will increase the tax take. (We'll see a lot more of this in the months and years ahead IMHO.

    I'm just looking for some opinions. If I sell the car for scrap or whatever does anyone know of any breakers who might buy it?

    And, if I sell it, does that nulify the whole NCT thing? Can I be summonsed for not having NCT on a car that I do not own?Any opinions of this anyone please?

    I'm not trying to outwit the system, but as I said, I'm leaving the country. and I don't want it to escalate legally into something nasty, when in fact the
    whole matter is over something relatively minor, which may or may not be bothered with depending onthe Garda.

    Sounds like your car isn't road worthy, the reason the NCT was implemented in the first place. Did you not NCT it because you knew it wouldn't pass and it would cost you to get it fixed? 14 months is taking the pee pee, and if there is a contender for getting done it would probably be you. Maybe the guard realised this, it would explain why he is trying to do you for the NCT.


  • Registered Users Posts: 24,993 ✭✭✭✭Wishbone Ash


    NP14 wrote: »
    I think he wants to summons me, the f**ker
    You commited Road Traffic offences yet you refer to the Garda who aprehended you as a "f**ker"! He is doing his job and is funded by those of us who pay our way in society.

    It's times like this that we need a huge 'Roll Eyes' icon!


  • Registered Users Posts: 1,028 ✭✭✭greglo23


    go to your local NCT centre and tell them your problem. in most cases the guys will help you out if your willing to let the car with them for the day. if someone does'nt show up for their test they will fill the empty slot with your car. worth a try in any case.


  • Registered Users Posts: 49 oriain


    I have to agree. You've been driving a car which the law states is not road worthy for over a year. So you had no tax and no NCT. The Garda is doing what we, the tax payers, pay him for. I'd be a lot more annoyed if he let you off tbh. How you managed to get away with it that long is amazing, I've seen people get caught without it for as little as 2 months. IMO you deserved to get caught for the NCT but in saying that, I can understand that this is a p***er of a situation to be in so close before you leave.

    I honestly don't know what the situation would be if you sold/scrapped it as you've already been caught for it. If I were you I would probably ask the citizens advice bureau although not sure if this would fall under it's remit. I'm sure theres an advice bureau out there somewhere that can deal with issues like this without paying solicitor fees.


  • Users Awaiting Email Confirmation Posts: 294 ✭✭XJR


    I'm not aware of there being any sanction for not having a current NCT cert. Does anyone know different?


  • Closed Accounts Posts: 38 NP14


    Thanks craichoe, greglo23 and Stephen,
    Appreciate the thoughts, opinions and help.

    No the car is perfectly roadworthy, it's a 97, the reason I say I might scrap it is
    that noone wants cars this old anymore, which is more an image thing than a safety thing IMO. So why not get a few bob for it?. Scrap now or scrap later seems the options.That was the reasoning.

    Anyway a diesel will be my next purchase as the rationing of petrol will be much worse than the rationing on diesel.


  • Closed Accounts Posts: 38 NP14


    [QUOTE= I can understand that this is a p***er of a situation to be in so close before you leave.

    I honestly don't know what the situation would be if you sold/scrapped it as you've already been caught for it. If I were you I would probably ask the citizens advice bureau although not sure if this would fall under it's remit. I'm sure theres an advice bureau out there somewhere that can deal with issues like this without paying solicitor fees.[/QUOTE]

    Thanks.


  • Closed Accounts Posts: 2,290 ✭✭✭ircoha


    oriain wrote: »
    I have to agree. You've been driving a car which the law states is not road worthy for over a year.

    Where does it say that once the NCT cert expires that the car is not roadworthy?

    The OP's attitude towards the guard who is doing his job is simply deplorable.


  • Closed Accounts Posts: 38 NP14


    It was nothing to do with my attitude. I'm always nice to Gardai as I realise that they are just doing their job, and I know it's not the nicest job to be doing. I was totally respectful and subjugated myself to his authority.



    ^^^^^^^

    please read the thread.


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  • Registered Users Posts: 40,152 ✭✭✭✭Boggles


    ircoha wrote: »
    Where does it say that once the NCT cert expires that the car is not roadworthy?

    It doesn't, but it is up to the owner to prove that their car is roadworthy.


  • Closed Accounts Posts: 254 ✭✭Scootay


    NP14 wrote: »
    I speculate that it may be something to do with orders to enforce measures that will increase the tax take. (We'll see a lot more of this in the months and years ahead IMHO.
    I find keeping my documentation up to date and staying within the law keeps me immune from such things. It's a policy I happily recommend to anyone who wants to avoid paying fines.


  • Registered Users Posts: 40,152 ✭✭✭✭Boggles


    NP14 wrote: »
    Thanks craichoe, greglo23 and Stephen,
    Appreciate the thoughts, opinions and help.

    No the car is perfectly roadworthy, it's a 97, the reason I say I might scrap it is
    that noone wants cars this old anymore, which is more an image thing than a safety thing IMO. So why not get a few bob for it?. Scrap now or scrap later seems the options.That was the reasoning.

    Anyway a diesel will be my next purchase as the rationing of petrol will be much worse than the rationing on diesel.

    Would you get more for scraping it than selling it? Or is it just handier to squash it?


  • Registered Users Posts: 1,017 ✭✭✭Bendihorse


    Iv got a 04 Car, newly registered in the state in about October last year... Its been taxed and everything ok, but i haven't been called for NCT. Do i wait for a letter or what happens?


  • Closed Accounts Posts: 38 NP14


    Scootay,

    You are right of course. The point of the thread was to seek out possible options from where I stand now.


  • Registered Users Posts: 40,152 ✭✭✭✭Boggles


    Bendihorse wrote: »
    Iv got a 04 Car, newly registered in the state in about October last year... Its been taxed and everything ok, but i haven't been called for NCT. Do i wait for a letter or what happens?


    4. How do I know when my car is due to be tested?
    All cars should be tested before the anniversary date of first registration of the car in the country of origin. There is no link with motor tax or insurance expiry date.

    PLEASE NOTE: NCTS can issue your certificate up to six months early for a first time NCT and three months early for subsequent NCT tests. In other words, if your car was first registered in July and it is due for its first NCT, you can have it tested up to 6 months early in January and your certificate will still expire on the anniversary of registration 2 years later. Your certificate is then valid for 2 years and 6 months.


    <back to top>



    5. Are any cars exempt from the NCT?
    All cars taxed as vintage and cars permanently based on Islands not connected to mainland by road will not have to be tested.
    <back to top>



    6. Will I be notified when my test is due?
    NCTS will contact owners of eligible motor vehicles (based on official vehicle registration records) in advance of the anniversary date of first registration of your car. You will be offered a provisional appointment for the test that must either be confirmed or rearranged by using our on-line booking service or calling our LoCall booking number. If you do not hear from NCTS and think your car may be eligible for the NCT, then please phone us on 1890 412 413 or you can check our on-line service by simply typing in your car registration number. Owners of cars that have been off the road or have not been taxed for over 3 months will not be notified and it will be necessary for the owner to contact NCTS directly themselves.

    PLEASE NOTE: NCTS can issue your certificate up to six months early for a first time NCT and three months early for subsequent NCT tests. In other words, if your car was first registered in July and it is due for its first NCT, you can have it tested up to 6 months early in January and your certificate will still expire on the anniversary of registration 2 years later. Your certificate is then valid for 2 years and 6 months. <back to top>


  • Closed Accounts Posts: 38 NP14


    Boggles wrote: »
    Would you get more for scraping it than selling it? Or is it just handier to squash it?


    I just think that there are so many newer cars in Ireland now that people just don't want older cars like they used to, so I was thinking scrappage it just the simple thing to do.

    I know someone who has been trying to sell a very nice 02 Ka for nearly a year, it's not overpriced, in great condition (much loved), and in that time only one person has phoned up about it, and they did not shoe up. It's a sign of the times I reckon.


  • Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,615 CMod ✭✭✭✭faceman


    Bendihorse wrote: »
    Iv got a 04 Car, newly registered in the state in about October last year... Its been taxed and everything ok, but i haven't been called for NCT. Do i wait for a letter or what happens?

    Im afraid you will need to contact them yourself.

    OP, altho i have issues with the NCT shenidigans myself, 14 months is taking the mickey. I dont see why most of us have to pay with it while the limited few dont and then moan about it when they get stopped.

    in saying that if you produce you letter of appointment and he takes you to court it will be down to the judge on the day.


  • Registered Users Posts: 40,152 ✭✭✭✭Boggles


    faceman wrote: »
    Im afraid you will need to contact them yourself.

    "6. Will I be notified when my test is due?
    NCTS will contact owners of eligible motor vehicles (based on official vehicle registration records) in advance of the anniversary date of first registration of your car"

    From my reading of it, he will be contacted before next October, am I right?


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  • Closed Accounts Posts: 38 NP14


    Cheers faceman.


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