Overdue car tax fine, now i have summons :(

bulmersgal

Hey i no i shouldn't of drove my car without tax but i did and i got caught. I was a while waiting on the fine and when i got it, it was nearly past the 28 days. Meant to go down and pay the fine but was moving that week so didn't get the chance and didn't have money either as was just let go from job. Then the fine got lost in the moving, turned out i left it in old house so by the time i got the fine sheet back and money it had past the 56 days. Went to pay and the post office couldn't process it as it was overdue so rang up the number and they said tough a summons was in the post.

So i got the summons but not sure wat i should do? Is there a way i can pay the fine before i get brought to court. Is there anything i need to bring to court. Does anybody no what will likely happen in court. Very nervous that i will end up in prison over a stupid mistake.

Berty

Dont say in court what you said here because the judge will not have any pity on you.

Tax the feckin think now and go to court to get your punishment.

"Ignorance is no excuse" is what you will be told.

Wossack

there'll certainly be no prison time, so strike that straight out of your mind

unfortunately, I dont think theres any way out once theres been a court summons, so it'll be a fine and points most likely...

bulmersgal

sorry i forgot to mention, i paid for the car tax and produced it to the guards within the ten dat time limit. I have since sold on that car as i can't afford a car.

i'm only wondering how much fine roughly will the judge give so that i can budget it and have the money then and there to pay

Berty

Normally the judge will ask if you are working or not.

If you are then you are normally asked to give to charity and if you are on social they will dock your welfare payments.

It's at their discretion. Normally they will judge this as a first time and a potential that you will NOT reoffend so use their discretion.

Some people report anywhere from €150+

CharlieCroker

There's no penalty points for not having tax.
As for the fine, its up to €1000 for a first offence. (See S.102 Road Traffic Act) but i've never seen a fine that big been given for a first offence, normally a couple of hundred but it really depends on the judge.

No way of getting out of court once a summons has been sent.

Berty

CharlieCroker wrote: »

No way of getting out of court once a summons has been sent.

It's true Im afraid. There is NO way out of it so don't waste your time googling for a way out.

You may have to sit in the court for a few hours, maybe even break for lunch before they even bother to get to your case. If you have the time then it can be quite entertaining because of all the people up before the judge.

My god you will see some low life's on your day in court.

bulmersgal

ah sure hopefully i wont be too long as i have a anti-natal class in the afternoon. But sure no doubt it will be my first and last time in court. Thanks a lot for all your advice. I'm not working at the moment but i think i'll bring 300 with me just incase as i just wanna pay fine there and then and not have to go near the place again

tipp86

Ok i got done in Cork and similar to you i missed the 2 fines. The only difference was that i had bought the car in the month before ( December ) i got done. I also back taxed the car to the start of january something i never do.

In the end the judge didnt fine me just a probation.

The main thing i can say to you is to ensure that you back taxed the car the correct period. If you lie about this to the judge or are not unsure he will come down very heavy on you.

Just ensure you know your facts. Do not lie and do not see like your clueless. I would predict a €150 fine. I would mention that you were and still are unemployed and that you have got rid of the car.

Savman

bulmersgal wrote: »

sorry i forgot to mention, i paid for the car tax and produced it to the guards within the ten dat time limit. I have since sold on that car as i can't afford a car.

Hold on a sec, did you pay for the arrears to cover the period it was untaxed? If so, then don't just accept a fine/conviction, if you "back taxed" it then the guard might withdraw the summons because (and I quote) the state was not at a loss.

Same thing happened me last year, had to run around the Motor Tax Office to get a letter from them saying arrears were paid to cover months X Y and Z.

Worth a shot.

deadwood

Berty wrote: »

If you are then you are normally asked to give to charity and if you are on social they will dock your welfare payments.

This is wrong. The "social" is not docked.

Wishful thinking (to cut out paperwork/issuing fines/warrants/ prison time/ garda/prison time and expense).

A little knowledge is a dangerous thing.


...and it's "ignorance is no defence".

Clare_Guy

Savman wrote: »

Hold on a sec, did you pay for the arrears to cover the period it was untaxed? If so, then don't just accept a fine/conviction, if you "back taxed" it then the guard might withdraw the summons because (and I quote) the state was not at a loss.

Same thing happened me last year, had to run around the Motor Tax Office to get a letter from them saying arrears were paid to cover months X Y and Z.

Worth a shot.

the bolded part is the important part, it's revenue issue, you paid the arrears, bring all your information to court on the day, if it comes up, stand up and explain what happened, not the small details, just how you were moving house, how you lost your job, how you sold the car because you can't afford it, and how you paid all outstanding tax. Show the judge you have the receipt and I'd be confident he'll strike it out.

To be honest, I'd be surprised if you get a fine, I've been caught speeding several times over the years and I never pay the fixed penalty, I always "have my day in court" (if it gets that far;)) and my licence remains point free.

bulmersgal

ah feck i only paid up till a few days before i got caught, as the car was off the road coz the gear box need to be replaced. So didn't use the car for several months as needed to save up for gear box. Dont even have garage receipts to prove the gear box went as my brother a mechanic so he was able to do the work for free. I may just go up to the tax office and see can they give me a print out of when i paid the car tax.

Juwwi

Tell u were after drinking lots of bulmers before u were stopped and forgot u had been stoped.:D

Only joking I had to go to court over a tax fine before aswell.

It was packed so I'd bring someone with u so u dont feel uncomfortable.
Just explain what u have said here and u will be fine.
Once u back taxed it to before the day u were stoped thats the main thing.

Savman

bulmersgal wrote: »

ah feck i only paid up till a few days before i got caught, as the car was off the road coz the gear box need to be replaced.

Now I'm confused. You are saying one of the following occured:
1) You were caught on, let's say, 1st December and done for "non display of tax disc". You went into the tax office at some point and paid the arrears covering the entire month of December, which means you should be in the clear.

2) You were caught on 1st December, and you went and later declared the car "off the road" for that month, which would be one silly ass thing to do.

If it's the former, I think you'll be fine so long as you have evidence in the form of a receipt or letter from your local Motor Tax Office. If it's the latter, you'll probably receive a small-ish fine and complimentary ear bashing on the day.

bulmersgal

It was the first one i got caught in march so backdated payment till march. Just the tax was suppose to be paid in sept of previous year but as it was laid up i didn't pay the tax as wasn't driving it.

thanks a lot for all ur help today

Voodoomelon

Clare_Guy wrote: »

To be honest, I'd be surprised if you get a fine, I've been caught speeding several times over the years and I never pay the fixed penalty, I always "have my day in court" (if it gets that far;)) and my licence remains point free.

I hope to god I never meet you on a road...

bulmersgal

meant to reply but never got a chance.

Went to court was the 3rd person called. The First person didn't bother showing he ended up getting 101 fines for this that and the other. The second gob****e was getting done for failing to bring in his insurance details to guards, he still did not have proof that he had insurance so the judge said he'd bring him back at another date and he better have his insurance details.

By now the judge was getting annoyed so I got called up he asked me few questions, answered as best I could and then he gave me fine for €240.

Left the court room and the guard who caught me was behind so I asked him how did I pay the fine. He explain how and then aplogised because the judge had given me such a big fine. I was like eh thanks but sure its my own fault. So that was my big day out in court, its a nerve racking experience and one I will never repeat again.

Hope this info helps somebody else