Non Display of Insurance Disc

cocall89

Hi there,
No idea if this is the right place to be asking this question, might be more of a legal thing, but I'll give it a go. So I bought a second hand car privately on August 6th, transferred the insurance over that day by phone and drove on. I was covered by insurance from that date, so no issue with not being insured. But on August 12th I was stopped at a Garda checkpoint without an insurance disk, as the insurance company hadn't sent it on yet. Told the guy my situation and produced the certificate of insurance the next day (August 13th) once it arrived in the post. Unfortunately, the guy who stopped me is noted in the area for being difficult, and next thing I know, I've got a 60 euro fine.

On the fine it states that the offence is for "Non display of an insurance disc 10 days after authentication of the Disc". The insurance was changed only 6 days before hand, and from what I can gather, you get a 10 day grace period to allow the insurance company to send you out the disc. I've approached the same garda to try and sort out the issue, but he point blank refuses to deal with it and won't give me a straight answer. Left my details on several occasions and he didn't contact me, had to drive in a catch him as he started work, which he didn't seem to pleased with. I assume hes hoping that I'll just pay up and forget about it. Anybody here able to clarify what the situation is, or has dealt with something like this before?
Would appreciate any advice,
Cheers

wonski

cocall89 wrote: »

Hi there,
No idea if this is the right place to be asking this question, might be more of a legal thing, but I'll give it a go. So I bought a second hand car privately on August 6th, transferred the insurance over that day by phone and drove on. I was covered by insurance from that date, so no issue with not being insured. But on August 12th I was stopped at a Garda checkpoint without an insurance disk, as the insurance company hadn't sent it on yet. Told the guy my situation and produced the certificate of insurance the next day (August 13th) once it arrived in the post. Unfortunately, the guy who stopped me is noted in the area for being difficult, and next thing I know, I've got a 60 euro fine.

On the fine it states that the offence is for "Non display of an insurance disc 10 days after authentication of the Disc". The insurance was changed only 6 days before hand, and from what I can gather, you get a 10 day grace period to allow the insurance company to send you out the disc. I've approached the same garda to try and sort out the issue, but he point blank refuses to deal with it and won't give me a straight answer. Left my details on several occasions and he didn't contact me, had to drive in a catch him as he started work, which he didn't seem to pleased with. I assume hes hoping that I'll just pay up and forget about it. Anybody here able to clarify what the situation is, or has dealt with something like this before?
Would appreciate any advice,
Cheers

You do not have to display the disc for first 10 days. Simple as that.

Not sure how to deal with that particular Gardai, but I would not pay the fine, obviously.

Buffman

OP, Don't bother going to the Gardai about it, get in touch with the Fixed Charge Processing Office and they should sort it for you. There was a similar thread about tax a while ago. They should cancel it for you.

Buffman wrote: »

OP, As said above the dates mean you'll be ok. There's probably not a lot your local Garda station can do about it other than advise you to contact the Fixed Charge Processing Office.

Enquiries in relation to a Fixed Charge Offence
If you feel there has been an error with any details on the Fixed Charge Notice, then you should contact the Fixed Charge Processing Office by telephone at 1890 30 40 60 within Ireland or +353 504 59800 from outside the jurisdiction or by email at npo@garda.ie where you will be advised by a member of staff regarding your enquiry.
Please note: While such enquiry is being processed, the time periods involved for payment and nomination purposes as outlined in the Fixed Charge Notice are not suspended. This means that the time continues during the period that the enquiry is being conducted. Any problems or difficulties highlighted by the enquiry must be acted upon immediately by the person named in the Fixed Charge Notice and contact made with the Fixed Charge Processing Office as soon as practical

So I'd send them an email, basically saying what you said above in your post, with a scan of the tax disc and the Vehicle Registration Certificate you received which should show all the relevant dates.

cocall89

Thanks for the clarification wonski and buffman, much appreciated. Given the length of time its been since the fine came through, I;m fairly sure that the time to pay the fine is up, and I'll be getting a court summons in a few days I reckon. I'll give the Fixed charge office a call anyway and see what they can do. If they cant do anything to quash the summons, then I'd nearly welcome the chance to go to court now that I know I'm in the right. Nothing would give me more pleasure than disgracing the fool for blatantly refusing to do his job properly.

Buffman

cocall89 wrote: »

I;m fairly sure that the time to pay the fine is up, and I'll be getting a court summons in a few days I reckon. I'll give the Fixed charge office a call anyway and see what they can do.

Ah, I didn't realise the time limit had expired. Ye, the fixed charge office won't be able to do much for you then. As you said, you're probably going to end up in court over it, but it'll be struck out. Good luck and let us know how you get on.

cocall89

Will do lad, cheers again for the help

wonski

Such a waste of court's time and - more importantly - yours.

All because of a case that should have been closed at the station as soon as you presented your cert.

Make sure to bring your cert and letter from Gardai confirming you presented your cert (the latter might not be needed at all since he issued a fine for non display, and not for non producing).

dr.fuzzenstein

Buffman wrote: »

Ah, I didn't realise the time limit had expired. Ye, the fixed charge office won't be able to do much for you then. As you said, you're probably going to end up in court over it, but it'll be struck out. Good luck and let us know how you get on.

I would say that was the aim of the Gard from the start. He knew he had nothing to do the OP on, but decided to do him anyway and even if it was going to be overturned, the Gard knows he will have caused the OP hassle, stress and wasted his time.
If the OP goes to court, I am willing to bet my lunch money that the Gard won't show up, because he knows he hasn't got a case.

evlgmaojr27ypu

dr.fuzzenstein wrote: »

I would say that was the aim of the Gard from the start. He knew he had nothing to do the OP on, but decided to do him anyway and even if it was going to be overturned, the Gard knows he will have caused the OP hassle, stress and wasted his time.
If the OP goes to court, I am willing to bet my lunch money that the Gard won't show up, because he knows he hasn't got a case.

If the Gardai is a no show I am sure they are liable for any court/lawyer fees correct ?

dr.fuzzenstein

Tomas Early Resort wrote: »

If the Gardai is a no show I am sure they are liable for any court/lawyer fees correct ?

That I don't know. But even if that is the case, it will cost the OP a day's leave, travel expenses, stress and hassle. He can't claim for those back.

CiniO

Tomas Early Resort wrote: »

If the Gardai is a no show I am sure they are liable for any court/lawyer fees correct ?

Who is?
Individual garda office who failed to show up out of his own pocket.
Or just Garda Siohana as an institution?

I'd bet it's the latter.

pippip

dr.fuzzenstein wrote: »

That I don't know. But even if that is the case, it will cost the OP a day's leave, travel expenses, stress and hassle. He can't claim for those back.

The satisfaction will be worth 10 times that.

RustyNut

Tomas Early Resort wrote: »

If the Gardai is a no show I am sure they are liable for any court/lawyer fees correct ?

Never heard of that happening.

dr.fuzzenstein

pippip wrote: »

The satisfaction will be worth 10 times that.

Its kind of a hollow victory. The cop knows he has nothing, but being a cop he can't back down, company policy. So he will let this run all the way to court, but because he knows it's a non runner, he won't show up, but he knows the OP will have to waste a day for nothing. My guess anyway.

obezyana

Surely the cop will be there sure there will be other cases that need to be heard which involve him. Dont they put them all in together when it comes to traffic and the likes.

Supergurrier

Always have the cert on you. Don't give them a stick to beat you with.

Also take a picture of logbook on phone when buying a car and make sure to get date on bottom right corner on it.

CiniO

dr.fuzzenstein wrote: »

Its kind of a hollow victory. The cop knows he has nothing, but being a cop he can't back down, company policy. So he will let this run all the way to court, but because he knows it's a non runner, he won't show up, but he knows the OP will have to waste a day for nothing. My guess anyway.

What if OP doesn't show up as well.
He can't be prosecuted for something which is not an offence, even if he doesn't show up in court, can he?

TheChizler

CiniO wrote: »

What if OP doesn't show up as well.
He can't be prosecuted for something which is not an offence, even if he doesn't show up in court, can he?

Perhaps, it's definitely an offence to ignore a summons though.

evlgmaojr27ypu

pippip wrote: »

The satisfaction will be worth 10 times that.

Well technically it will be us the tax payers footing the bill for a case that has no grounds, that is the worring part

dr.fuzzenstein

CiniO wrote: »

What if OP doesn't show up as well.
He can't be prosecuted for something which is not an offence, even if he doesn't show up in court, can he?

It's a risky strategy I would say. :pac: