I've just been summonsed for no NCT.... WTF!

Magown3

Last year I was pulled over for driving while on the phone.... Good enough I hear you say. Well not really, I wasn't REALLY driving at the time, I had pulled over and was just ending my call while checking my blind spot so I could pull out and continue on my journey when the Garda passed, saw me with the phone at my ear and that I was looking to pull off, an motioned for me stay where I was...

Anyway, that's neither here nor there, I took my punishment of 2 penalty points and thought that would be the end of it. While the Garda did mention that my car had no NCT, she definitely didn't say anything else on the matter, ie. Get it NCT'd and bring proof to your local Garda St.! She just said that she could take it off me as it's legally not road-worthy. So it was a bit of a shock when a Garda called to the door today with a summons for me.


Has anyone else been in this situation?

What will my punishment most likely be? (fine? more points?)

Will I have to plead guilty/not guilty??

If so, do I have any sort of argument since the Garda didn't tell me to sort it out and prove it?


Please help!!! Ta

P.S. I need my licence for work so i'ts a little worrying

buckfast4me

Did u not bring any proof of booking (or passing) the NCT to the police station?

AntiVirus

Not much you can do now, they did give you almost 4 months to NCT your car. Get it NCT'd now and at least in court you can say it is NCT'd now.

buckfast4me

By the way I wouldn't worry too much about losing your license over this, more than likely another 2 or 4 penalty points + small fine. (unless you already have 8+ points or are on a provisional)

cpoh1

buckfast4me wrote: »

By the way I wouldn't worry too much about losing your license over this, more than likely another 2 or 4 penalty points + small fine. (unless you already have 8+ points or are on a provisional)

Note to buckfast4me, know what youre talking about before you post! That was the biggest brain fart ive seen on here in a long time, maybe you should lay off the buckfast?

You cant get points for no NCT. Go to court and bring your latest NCT cert with you. Just explain to the judge that you were in the process of getting it sorted when you were stopped and have it now and you'll more than likely get a very small fine (well under a €100).

Magown3

She never said that I'd need to bring my nct to the station so I never did!!!

I still own the car but it's been off the road for a few months now. I imported it and never nct'd it. So I may be in a bit of a situation here!!!

I already have 2 points on the licence for the phone thing and wouldn't want another 2 or 4 for this

buckfast4me

Note to buckfast4me, know what youre talking about before you post! That was the biggest brain fart ive seen on here in a long time, maybe you should lay off the buckfast?

You cant get points for no NCT. Go to court and bring your latest NCT cert with you. Just explain to the judge that you were in the process of getting it sorted when you were stopped and have it now and you'll more than likely get a very small fine (well under a €100).

It is a penalty point offence, just not implemented yet. It's even listed on the penalty points website as a 5-point offence. So it will probably be implemented fairly soon. Only a matter of time. Maybe even by the time of the op's court appearance. Lose the attitude.

maidhc

It happens us all:
http://www.rte.ie/news/2008/0404/finnt.html?rss

Magown3

buckfast4me wrote: »

It is a penalty point offence, just not implemented yet. It's even listed on the penalty points website as a 5-point offence. So it will probably be implemented fairly soon. Only a matter of time. Maybe even by the time of the op's court appearance. Lose the attitude.

Balls! Well the court date is less than a month away so is it REALLY likely to be implemented by then?? You know how long it takes this country to make changes, lol

cpoh1

buckfast4me wrote: »

It is a penalty point offence, just not implemented yet. It's even listed on the penalty points website as a 5-point offence. So it will probably be implemented fairly soon. Only a matter of time. Maybe even by the time of the op's court appearance. Lose the attitude.

Explain to me how the hell he is going to get points for something that is not a penalty points offence? Ill lose the attitude when you give the OP some real advice instead of talking crap.

OP dont worry about points, you'll more than likely get a really small fine but you might get off if you can prove to the judge the car is off the road for most of the time since the incident for maintenance work.

buckfast4me

Magown3 wrote: »

Balls! Well the court date is less than a month away so is it REALLY likely to be implemented by then?? You know how long it takes this country to make changes, lol

Probably not mate, doubt it will be implemented in the next month - but it can do no harm knowing the facts!

DublinDilbert

Is your car NCT'ed now? or did you not bother with the NCT?

cpoh1

Magown3 wrote: »

Balls! Well the court date is less than a month away so is it REALLY likely to be implemented by then?? You know how long it takes this country to make changes, lol

They cant charge you under new legislation if the incident and more importantly the summons was handed out when the old legislation was still in place.

Magown3

Here's the car in question and the current situation with it!

i.e. It doesn't have an NCT, never has, and is not likely to have one in the next month!!!

buckfast4me

cpoh1 wrote: »

Explain to me how the hell he is going to get points for something that is not a penalty points offence? Ill lose the attitude when you give the OP some real advice instead of talking crap.

OP dont worry about points, you'll more than likely get a really small fine but you might get off if you can prove to the judge the car is off the road for most of the time since the incident for maintenance work.

From penaltypoints.ie :

Title of Offence
                               Penalty Points on Court Conviction
No (NCT/DOE) test certificate               5

I am saying there is definitely a spanner in the works regarding implementing it as a penalty point offence. You don't know for sure it won't be implemented in the next month. There is no harm in exercising caution. Looks like you are the one talking crap lol.

cpoh1

buckfast4me wrote: »

You don't know for sure it won't be implemented in the next month. There is no harm in exercising caution. Looks like you are the one talking crap lol.

It doesnt matter a damn if its implemented tomorrow, the incident and summons happened before that so he cant be prosecuted under the new legislation. Im sorry but you stil dont know what you're talking about.

unkel

Play nice, cpoh1

buckfast4me

Thanks unkel, he/she/it is being a bit moody this evening alright.

ImDave

I know of one person fined €100 for having no valid NCT on their vehicle.

cpoh1

buckfast4me wrote: »

Thanks unkel, he/she/it is being a bit moody this evening alright.

Nothing worse than people who dont know what theyre talking about giving fellas bad advice they might actually take seriously. Why worrythe OP when he's got nothing to be worried about?

Just make sure that you are 100% certain about what you are talking about before you start dishing out advice...

buckfast4me

And you too.

degsie

handbags at the ready....:p

cpoh1

buckfast4me wrote: »

And you too.

Riiiiggghhhhhttt...

Magown3

So let me get this straight. The chances of me getting points are slim. But the fine will probably be higher since I can't provide NCT details etc. I'm only guessing on the latter...

JHMEG

@buckfast4me, goading cpoh1 isn't helping.

cpoh1 has a point. There is no mention of that judge in maidhc's article getting points, just a fine. So even tho 5 points might be mandatory or a guideline (no sure which) judges in this country are a law uno themselves and will quite often ignore these things. Happens all the time with drugs offences.

maidhc

JHMEG wrote: »

@buckfast4me, goading cpoh1 isn't helping.

cpoh1 has a point. There is no mention of that judge in maidhc's article getting points, just a fine. So even tho 5 points might be mandatory or a guideline (no sure which) judges in this country are a law uno themselves and will quite often ignore these things. Happens all the time with drugs offences.

NCT is a penalty points offence, but as has been pointed out has not yet been implemented by which ever minister is responsible for such things... this has been the case for a number of years now.

As cpoh pointed out quiet correctly, it cannot apply to the OP one way or the other as the offence has been comitted, any change to the penalty points system won't apply.

I disagreee with your comments re judges.

degsie

Magown3 wrote: »

So let me get this straight. The chances of me getting points are slim. But the fine will probably be higher since I can't provide NCT details etc. I'm only guessing on the latter...

Regardless of whether you get points or not, it's hard to feel sympathy for the reason you were stopped in the first place. You obviously do not use hands free so were taking a chance answering a call. The fone was pressed against your lug when the cops saw you, so you drew attention to yourself as you were moving at the time :rolleyes: No NCT implies a general sense of apathy towards basic rules.

Cionád

To summarise you will not get any points as it was not an active penalty points offense at the time of the incident. (and still is not active)

Most likely scenario is a (reletively small) fine.

stratos

the gas part is if your car is over 20 years old its nct exempt hillarious, I personally never nct my cars and would go to court if summoned. as i have said before the odds are stacked in your favour.

BUT if I did get summonsed I would nct my car to have a cert in court.

Sorry your honour the cat was pregnant at the time, but the car is nct'd now!!!!!

P.S. I , would have gone to court over the phone thing too, seems hard to prove to me that you were on the phone. this hasn't happened to me yet so I don't know. When it does I'll let you know what happens.

Guy:Incognito

stratos wrote: »

P.S. I , would have gone to court over the phone thing too, seems hard to prove to me that you were on the phone.

How is it hard to prove? He had the phone in his hand and up to his ear by hgis own admission.

Magown3

degsie wrote: »

Regardless of whether you get points or not, it's hard to feel sympathy for the reason you were stopped in the first place. You obviously do not use hands free so were taking a chance answering a call. The fone was pressed against your lug when the cops saw you, so you drew attention to yourself as you were moving at the time :rolleyes: No NCT implies a general sense of apathy towards basic rules.

I took my punishment for the mobile phone gig. That isn't what I'm askin about here degsie! I'm not looking for symapthy for getting my first 2 points. I just think it's a bit unfair that the Garda never told me to get it sorted and provide proof at my local st. and then to have to go to court over it! As far as I was concerned the matter had closed