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Summons arrived this morning

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  • 01-05-2008 11:39am
    #1
    Jumbo156
    Registered Users Posts: 257 ✭✭


    Not looking for legal advice, just wondering if this has happened to anybody else and if so what the outcome was..

    On 1st December last year I came accross a checkpoint at 9.30am..I had no NCt cert on my car. The garda was very civil and gave me ten days to book my car in for a NCT and show evidence of same to my local Garda office
    This I duly did , and I did my NCT on 14th January and car passed no problem

    End of story as I thought, until last night when a summons arrived for me to appear in court on 29th September for not displaying my NCT disc.

    What should I do know?
    I was thinking of writing to the garda in question and explaining the above
    If this doesn't work what am I looking at if i have to go to court?


Comments

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    #2
    passive
    Registered Users Posts: 2,403 ✭✭✭passive


    Motors forum might serve you better...

    And you say "this I duly did" but then only that you got the NCT... Did you follow through on showing it in a Garda station?


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    #3
    DJ_Spider
    Closed Accounts Posts: 1,958 ✭✭✭DJ_Spider


    Jumbo156 wrote: »
    On 1st December last year I came accross a checkpoint at 9.30am..I had no NCt cert on my car. The garda was very civil and gave me ten days to book my car in for a NCT and show evidence of same to my local Garda office
    This I duly did , and I did my NCT on 14th January and car passed no problem

    Is it not correct to note that 10 days from the 1st of Dec is not the 14th Jan? maybe that's why you got the summons. Or was it that there was a delay for an appointment at the NCT station?


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    #4
    Gandalf23
    Closed Accounts Posts: 1,643 ✭✭✭Gandalf23


    Definitely motors forum. Could a mod move please?


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    #5
    Irishcrx
    Registered Users Posts: 2,861 ✭✭✭Irishcrx


    Call the Gard, say you had a problem going through the NCT first time due to a fault and it came later than ten days but passed...if you go to court it won't be bad maybe a fine..


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    #6
    Jumbo156
    Registered Users Posts: 257 ✭✭Jumbo156


    DJ_Spider wrote: »
    Is it not correct to note that 10 days from the 1st of Dec is not the 14th Jan? maybe that's why you got the summons. Or was it that there was a delay for an appointment at the NCT station?


    Sorry just to clarify , He gave me ten days to produce evidence that i had a test booked.
    Which I did on the Monday 3rd December.
    The 14th Jan was the earliest appointment I could get from the NCt centre


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    #7
    Mullah
    Closed Accounts Posts: 52 ✭✭Mullah


    Bottom line; you had no nct on the day in question so a summon has issued regardless of what you understood.

    I would:

    1. Telephone/arrange to meet the Guard, refresh his memory, make sure he knows you did as agreed and in view of your prompt compliance would he strike the matter out when it came to court?

    2. If the answer is not or non committal either way you will have to attend the court date in question. You can either attend yourself or hire a solicitor (but you also have to be there).

    3. Advantage of a solicitor: they might be able to out your case to the inspector prosecuting on the day and have it struck out before the case is called. Or not, depending on the view of the state. Disadvantage; cost.

    4. Otherwise, if it proceeds either you or the solicitor will have to mitigate your offence by explaining what the corcumstances are how you promptly rectified it etc. Up to the judge then but if you plead then you are stuck with a conviction for non display of NCT.

    If I was to bet I'd say - depending on the nature of the Guard - that no.1 above should resolve matters.


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    #8
    Kelly O'Malley
    Closed Accounts Posts: 147 ✭✭Kelly O'Malley


    Happened to me but I hadn't booked the NCT test even when it came to court.
    Judge threw it out.No penalty!
    Don't panic.
    Go to court with your proofs.It will be thrown out and the gard will probably get a slap on the wrist for wasting court time!


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    #9
    TherapyBoy
    Moderators, Social & Fun Moderators Posts: 4,343 Mod ✭✭✭✭TherapyBoy


    Something similar happened to a friend of mine. He was stopped at a check-point and didn't have his license with him. He was asked to show it at the local station within 10 days, which he did, but still got a summons. He had to go to court and sit there for ages until his case came up. The guard who stopped him stood up and said that there had been a clerical mistake and he was sent on his way.

    Moderator: Non Drinkers Group & Grand Theft Auto



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    #10
    gaz wac
    Registered Users Posts: 1,330 ✭✭✭gaz wac


    Same as me, I had no licience with me and got stopped, told me to bring it to the local garda shop, which I did, couple of months passed and I got a summons!! Rang the gard and he said there is nothing he can do now if the courts are involved. Went to court, showed gard a copy of the station log book and when we got call up, he just told the Judge ( judge went on about time wasting :D) and i didnt even have to open my mouth. But in fairness the day in court is great, the stories you hear, me and my dad were in stiches. but dont worry about it:cool:


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    #11
    board om
    Closed Accounts Posts: 643 ✭✭✭board om


    once you have received a summons that means it has gone to the DPP so both you and the garda will have to turn up. if you dont there will be a warrant issued for you and if he doesnt turn up i think they get a fine now, but i dont know if that really happens. you will definitly have a warrant issued fror you though.

    just go in (no need for a solicitor but get one if it makes you feel better) and approach the garda before hand and explain the situation. DONT say it failed first time and you had to get it done again becuase that means you were driving a car that wasnt road worthy and it will cause more problems. just explain that you booked in for NCT and the earliest date was january. tell him you went to the grda station within the 10 days. when the case is called the garda should explain the error. anyway, usually what happens is once you have it rectified beofre the court date it is ok. it is only if you are driving without insurance they tend to be pretty serious about it.

    either way it should be fine but just make sure you do turn up in court.

    all the best


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    #12
    Loopy
    Registered Users Posts: 12,220 ✭✭✭✭Loopy


    Something similiar happened me and to be honest I totally forgot about it and missed the court date. Only realised months later when I found the summons.

    I never heard another thing about it...


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    #13
    Victor
    Registered Users Posts: 78,417 ✭✭✭✭Victor


    Moved from Personal Issues

    Probably 2 offences:
    Not doing the test.
    Not displaying the disc.

    You should talk to a solicitor.


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    #14
    zig
    Registered Users Posts: 1,206 ✭✭✭zig


    not to worry, the exact same thing happened my sister. It was their fault, if the guard doesnt help you just to go to court and you'll be grand. Guard will most likely help you , he doesnt wanna go to court either.


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    #15
    AnnaStezia
    Registered Users Posts: 289 ✭✭AnnaStezia


    It could happen to a District Justice :D


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    #16
    lynchie
    Registered Users Posts: 1,994 ✭✭✭lynchie


    board om wrote: »
    once you have received a summons that means it has gone to the DPP so both you and the garda will have to turn up. if you dont there will be a warrant issued for you and if he doesnt turn up i think they get a fine now, but i dont know if that really happens. you will definitly have a warrant issued fror you though.

    Warrants are not issued against people for these types of offences. You will get a judgement in your absence which will be a heavy fine.

    Either way, once a summons is issued, you should go to court. Don't take the garda's word that he will sort it on the day.


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