can sumbody help me please !!!!!

zmchris

can anybody help me i have a problem my car was taken of me on the side of the road for having no tax ban garda hops in and boots off down the road Anyways taxed my car drove to navan to get my car back and they told me that the car had some problem with the brakes witch is a load of crap cuz recently had them done. They said they where sending it to get psv"d what ever that is and told me that it could take anything up to a week and i would still have to pay the impound on it 150 plus 35 a day basicly i wasnt getting the car back until the guard that seized it said so went to a garda station in dublin and they said they never heard of this psv can any body help me????????

Henry Ford III

PSV is a vehicle safety check. Like a state NCT.

hohojojo

well i can't see how they can say there is something wrong with your brakes they are not mechanics

if you have reciepts for your brakes bring it in or get a letter from your mechanic if you got it done in a garage

and i'd also be asking to see the car as to make sure it wasn't damaged on the way to the station or impound

but i will say one thing if you car was flagged as been crashed that is probably why they are sending it for a safety check

E39MSport

op - bad news there!

re: the in car camera thread...
wouldn't it be great to catch a cop in the act of driving off like a loon and taking you car on holdays or something similar ....

milltown

zmchris wrote: »

They said they where sending it to get psv"d what ever that is

Is it a taxi?

sogood

Sounds odd. PSV usually applies to a vehicle, or license, as in " Public Service Vehicle" Like buses, taxis etc. How long was your tax out by? Also, as stated, the Gardai aren't qualified mechanics and if they want to send your car for testing, will they foot the bill, if any, including the extra, per day, impound costs? Would definitely follow that up!

zmchris

well i rang the police station today and eventually got the guard that took my car off me and she changed her mind about my brakes there not faulty at all shes changed her story that my indicators are faulty witch is a load of crap the guard asked me at the side of the road was the car safe to drive and i said yes wen i rang bk up today she said i was telling her fibs the cars indicator wer broke so thats why they wer sending it to get psv,d so i went along with it then she tells me if the car comes bk and the indicators are faulty i will be brought to court the car aws never crashed its nt a taxi im 20 years old the cars only a 1.1 saxo why am i getting such crap :mad:

TheColl

did she stop you originally for somethin to do with your driving?

EPM

If you're serious that's awful. But I have a feeling theres more to this story

colm_mcm

why would you need to do a PSV to see if the indicators are working?

Sterling Archer

I'd ask to speak to the super right away, ask for the guard to put in righting what what is wrong and look for the results of the psv. Also ask if she has a full licence and is trained to drive or is she driving under superintendent orders (or something like the) and if it was illegal for you to be driving it was also illegal for her to drive your car (same rules apply)

Also this is why i make at point of requesting a tow truck to take your car, as you have the right to and the guards can't stop you, i'd be happy to foot the bill as i've heard storys, including some fellas car been wrote off :eek:...

Anan1

Shane_ef wrote: »

Also this is why i make at point of requesting a tow truck to take your car, as you have the right to and the guards can't stop you, i'd be happy to foot the bill as i've heard storys, including some fellas car been wrote off :eek:...

I can't see how that would make any sense. The cost of a tow truck could easily add up to a fairly large percentage of the value of a Saxo 1.1, and even if the Gardai did damage the car the repair costs would be borne by the state.

Lex Luthor

I have a question...are the gardai allowed to seize your car for not having valid tax? If its just out by a month or more, do they not just issue you with points or are they legally allowed to seize the car?

Yawns

tax usually out by 3 months or more before guards seize.

Dunno if they can seize before the 3 months. But then again, no tax so why drive. If the tax is only out by a few days it's certainly suspect.

Me also thinks there's more to this story

Yawns

Also one does not have to be a mechanic to know when a cars brakes or lights are wrong. Eg you go to stop and the car doesn't stop. You indicate left and nothing happens. Not exactly rocket science.

Perhaps the brakes were too soft so the guard was questioning the reliability of them? A lot of squeaking maybe, due to badly worn / spurious pads? Number of reasons anyone might mention brake issues regardless of their profession once they know the basic mechs of a car.

Most people here would know when there was something up with their brakes and have them checked or check themselves I would think.

Sterling Archer

Anan1 wrote: »

I can't see how that would make any sense. The cost of a tow truck could easily add up to a fairly large percentage of the value of a Saxo 1.1, and even if the Gardai did damage the car the repair costs would be borne by the state.

Ya but how could you prove that lest say the guard caught your car on a curb and buckled an alloy, or clipped a pier and dented a wing, personally that is my view and if it ever happens it's what i will do...

@O.P hope it gets sorted for you

Yawns

I thought it was the norm for guards to call a tow truck these days to take away cars. I have seen on a number of occasions people being sent walking while their car is towed. I thought the old days of the guards driving your car were gone, too much complaints via " you wrecked my car".

Certainly having it towed would cover the guards ass.

kasper

was the car modified in any way or is it standard ?

Yawns

Car modded?
How long out of tax?
What were you stopped for?
How was your attitude towards them?


You said this was side of road so not a checkpoint, you must have done something to catch their attention. If it was a modded car, the guards will always keep an eye on you, so don't give them a reason to stop you. Silly things like no tax for instance. Unfortunatly boy racers are stereotyped because some prats in modded cars give them this stereotype by being muppets.

zmchris

the brakes where recently done by a friend of mine as i had a full service brake pads new shoes he even got new disks reason i think it was takin the car of me is i was stoped a chrimbo wit no tax got away scott free car was parked up as i got a new car sold the new car and wen bk to the old car 5 months down the line get stoped again tax is out 5 months they didnt even consider lettin me go this young stuck up ban garda comes up to my window and says to me before you say anything where taking your car i pleeded with them to let me go no chance stranded anyway eventually got home went to get the car the nxt day got 6 months tax and they trow all this in my face the sarg came out and told me the car would not be released until the guard that seized it said so

Yawns

yeah once it's over 3 months without tax you have no chance. If tho you weren't driving it without tax, there's too many that do and they hear all sorts of excuses. They just take it and off with you.

Only thing to do is if you were driving it you could have signed the form in front of a guard saying it was off the road but as you had already been stopped they prob wouln't have believed you.

As far as the brakes lights etc, have them give the faults in writing. Did your friend use spurious pads by any chance? they squeak more so as they are made to fit multiple cars unlike genuine pads.

Even if they squeak and the guard sends it off, a mech will tell them they are fine. Maybe that's why she changed her story. If it is a blulb gone then she will have covered herself as you have nothing in writing. As other people have said, push for it in writing and take it higher.

Seeing as you got stopped for no tax at xmas, they really didn't have to listen to you and could take the car from you. You have no standpoint on that issues. I would follow the other issue up tho.

Bonito

Ok so you were stopped at xmas with no tax on the car but the guards let you off. After you bought another car you neither taxed nor declared your saxo off the road. You then sold the other car and started driving the saxo again but did not tax it. You were pulled in and the tax was gone by 5 months so the guards ceased your saxo. You got 6 months tax the next day and when you went to collect your car they refused to release it to you because they said it's brakes were faulty. The female guarda member then changed her story and said your indicators are faulty and that is why it wont be released.

Is that correct?

Yawns

Shane_ef wrote: »

Also ask if she has a full licence and is trained to drive or is she driving under superintendent orders (or something like the) and if it was illegal for you to be driving it was also illegal for her to drive your car (same rules apply)

I think the norm these days is to tow it but in certain situations the guard can drive it. She can drive it to the impound yard without tax. She would be insured, most likely have a full licence so wouldnt even bother with that one, a traffic corp guaed is most likely to have a full licence to drive.

Hooch

Didnt read all the replies so hope it hasnt been covered.

As per Section 41 RTA the vehicle may be seized if the Tax is out more than 2 months. (it was three but it as amended by the 2006 act)

A PSV examination is Garda speak really. It means the PSV officer will inspect the vehicle. There are Gardaí who are qualified mechanics......they will give a report to the investigating Garda for prosecution for dangerously defective vehicles (which normally carries a dangerous driving charge also)

As for the impound charge. You will be liable for the €125 first day fee. Because it is being inspected you will not be liable for any amount of days after that as the state is refusing to release it.

A Garda can, at his/her choice call a tow truck or drive the vehicle themselves. Personally I always call the tow wagon but thats just me.

Yawns

Bonito wrote: »

Ok so you were stopped at xmas with no tax on the car but the guards let you off. After you bought another car you neither taxed nor declared your saxo off the road. You then sold the other car and started driving the saxo again but did not tax it. You were pulled in and the tax was gone by 5 months so the guards ceased your saxo. You got 6 months tax the next day and when you went to collect your car they refused to release it to you because they said it's brakes were faulty. The female guarda member then changed her story and said your indicators are faulty and that is why it wont be released.

Is that correct?

That's the story I see

Seeing as he doesn't have the complaint from the guard in writing it would just be his word against hers if he tried to go further. It was also a guard in Dublin who informed him about the change of story I think so she could always say there was a misinterpretation

slimjimmc

Yawns wrote: »

Dunno if they can seize before the 3 months.

They can .... any vehicle that's +2 months expired.

zmchris wrote: »

the brakes where recently done by a friend of mine as i had a full service brake pads new shoes he even got new disks reason i think it was takin the car of me is i was stoped a chrimbo wit no tax got away scott free car was parked up as i got a new car sold the new car and wen bk to the old car 5 months down the line get stoped again tax is out 5 months they didnt even consider lettin me go this young stuck up ban garda comes up to my window and says to me before you say anything where taking your car i pleeded with them to let me go no chance stranded anyway eventually got home went to get the car the nxt day got 6 months tax and they trow all this in my face the sarg came out and told me the car would not be released until the guard that seized it said so

I was feeling somewhat sympathetic until I read that. 5 months out, I'm not surprised she done her job.

Sounds to me that the Garda had concerns over the car's safety while driving it and has sent to on to be inspected by an official vehicle assessor (I think the GS may have their own). And who told you there was a problem with your brakes, the Garda who seized it or someone else?

[Edit : NGA got in ahead]

Hooch

Shane_ef wrote: »

I'd ask to speak to the super right away, ask for the guard to put in righting what what is wrong and look for the results of the psv. Also ask if she has a full licence and is trained to drive or is she driving under superintendent orders (or something like the) and if it was illegal for you to be driving it was also illegal for her to drive your car (same rules apply)
...

Chiefs permission is what you are thinking of.

A Garda, in the course of their duties, is exempt from a driving licence. Hense we can seize and drive artics etc even if we cannot drive them off duty on our personal licences.

The same rules do not apply to the Garda seizing the vehicle. She would be exempt all offences under the Road Traffic Act apart from the more serious ones of Section 49, 53 etc etc.

Yawns

Thank you nice guy always.

I didn't realise they ahd changed it from 3 down to 2. So it's still the norm for some guards to drive the car. Most must only be calling the truck to cover any complaints of damage done by guard driving.

Hooch

Yawns wrote: »

Thank you nice guy always.

I didn't realise they ahd changed it from 3 down to 2. So it's still the norm for some guards to drive the car. Most must only be calling the truck to cover any complaints of damage done by guard driving.

I wouldnt say its the norm. Personally I think its best practice to contact the tow truck. Saves hassle of driving there, being collected from compound and as you said any complaints.

Yawns

Well there's your answer in a nutshell OP.

You drove without tax, knwoing froma previous warning from guards. I assume your fine with that part as you went to tax it. If the guard felt concern for public safety she is having it inspected. You only have to pay the 1st day release fee and the tax. Your still getting off lightly in my view. A couple of points wouldn't have gone a miss to drive the point home

zmchris

well thanks everyone who posted:D:D:D just needed some info yous have all been a great help thanks zmchris :):)

Anan1

Shane_ef wrote: »

Ya but how could you prove that lest say the guard caught your car on a curb and buckled an alloy, or clipped a pier and dented a wing, personally that is my view and if it ever happens it's what i will do...

@O.P hope it gets sorted for you

Wouldn't it be much easier and cheaper just to take photos of the car before they take it if you're that worried?

Sterling Archer

Anan1 wrote: »

Wouldn't it be much easier and cheaper just to take photos of the car before they take it if you're that worried?

Possible yes but you'd have to use a camera that is NOT digital, as afaik digital photos don't hold up in court.. but frankly it wouldn't matter to me, given the situation i know what choice i'd make..

MagicSean

Yawns wrote: »

tax usually out by 3 months or more before guards seize.

Dunno if they can seize before the 3 months. But then again, no tax so why drive. If the tax is only out by a few days it's certainly suspect.

Me also thinks there's more to this story

2 months out of date tax is what's required to seize a vehicle.

sogood wrote: »

Sounds odd. PSV usually applies to a vehicle, or license, as in " Public Service Vehicle" Like buses, taxis etc. How long was your tax out by? Also, as stated, the Gardai aren't qualified mechanics and if they want to send your car for testing, will they foot the bill, if any, including the extra, per day, impound costs? Would definitely follow that up!

The PSV inspector also tests vehicles involved in collisions or vehicles suspected of not being roadworthy. This is not odd at all. It happens regular enough, generally if the vehicle has noticeable modifications or if the garda driving it believes something to be wrong with it. In fact Gardaí can demand a "test drive" of your vehicle at the side of the road to investigate this.

focusowner

this particular ban garda wasnt from kells station by any chance ?