Not displaying a NCT cert - Fixed charged notices

Tomek398

Hi Everybody

I was stopped by Garda who noticed lack of valid NCT cert in my card. I forgot to put it into my car. My mistake. I was told to produce the cert at the local Garda station which I did on the same day. Despite that I receive fixed charge notice (60E). Can you advise what my options are?

Should I just pay or there is some way to appeal? Will I receive 3 points after paying the fixed charge just for not displaying the cert? (I've had it for a few months). Or should I just wait until I get summons from a court and then explain the story there? I'm especially concerned about those penalty points.

Thanks

grogi

Tomek398 wrote: »

Hi Everybody

I was stopped by Garda who noticed lack of valid NCT cert in my card. I forgot to put it into my car. My mistake. I was told to produce the cert at the local Garda station which I did on the same day. Despite that I receive fixed charge notice (60E). Can you advise what my options are?

Should I just pay or there is some way to appeal? Will I receive 3 points after paying the fixed charge just for not displaying the cert? (I've had it for a few months). Or should I just wait until I get summons from a court and then explain the story there? I'm especially concerned about those penalty points.

Thanks

The FCP is for "Using vehicle (car) without valid test certificate (NCT)". The car had NCT - I don't know what you got the penalty. But if for the above - you probably will get the points.

corglass

The fine and points are for non display, irrespective of whether you have a valid test or not.

I see no grounds for an appeal. Move on and take the points. Double check if it's 3, it may be less?

Tough lesson, ouch

cml387

Why would you go to the trouble of NCT and the "forget" to put up the disk?

Tomek398

Obviously I didn't cause any danger to anyone so why point? I had the cert at that time but no disc in the car. Garda can easily check road tax database on the spot so why not to check NCT? We have XXI century...

ongarite

Tomek398 wrote: »

Obviously I didn't cause any danger to anyone so why point? I had the cert at that time but no disc in the car. Garda can easily check road tax database on the spot so why not to check NCT? We have XXI century...

Ehh, the disc is attached to the cert AFAIK.
So you went to the trouble of having the cert in the car with the disc removed & forgot to put the disc on display.
A little unusual..

Edt: More info from OP
Cert wasn't in car

Seth Brundle

Tomek398 wrote: »

Obviously I didn't cause any danger to anyone so why point? I had the cert at that time but no disc in the car. Garda can easily check road tax database on the spot so why not to check NCT? We have XXI century...

You're failing to see the offence you committed then!

And the road tax database doesn't exist!

Tomek398

Why I forgot? Strange question. Came back home after the test, put the cert on the shelf at home without detaching the disk and that is all. Didn't drive that car for next couple of days. I commute to work by bike.

Tomek398

I did NOT have cert in the car at that time! Why do you suggest it?

nhunter100

The offence is failure to display a valid NCT disc. Pay the fine accept the points and move on or take your chances on a court summons but I doubt the outcome will be any different than an increased fine and points.

Isambard

your mistake, you made it, you'll have to pay and grin and bear it. Appealing won't do any good, don't wait for a summons, you're likely to get a bigger penalty.

Tomek398

You're failing to see the offence you committed then!

Absolutely not. I said clearly "my mistake". I HAD valid NCT cert at that time but it was NOT displayed in the car.

And the road tax database doesn't exist!

Garda can check if the road tax was paid

Seth Brundle

Tomek398 wrote: »

Absolutely not. I said clearly "my mistake". I HAD valid NCT cert at that time but it was NOT displayed in the car.



Garda can check if the road tax was paid

You're obviously innocent then. Go ahead and appeal it. Be sure to let us know how you get on!

nhunter100

Just to add I reread you original post, if you have still not paid the the fine. Here are the rules you have 28 days to pay the fine on issue of the notice, failure to pay in that time frame increases the fine by 50% and you have a further 28 days to pay it. If at the end of the total 56 day period you have not paid the fine court proceedings will be initiated and a summons issued.

Edit, apologies wrong about the failure to display, non payment of the fine is still an offence. Maybe pay as soon as you can if 56 days has not lapsed.

Stoolbend

There's no points for failing to display nct disc.

RustyNut

I just had a look through the penalty point offences and using a car with out a valid nct cert is a points offence, you had a valid cert so are good there. it doesn't mention not displaying a disc as a points offence so only the fine it looks like.

GM228

corglass wrote: »

The fine and points are for non display, irrespective of whether you have a valid test or not.

nhunter100 wrote: »

The offence is failure to display a valid NCT disc.

Unlike motor tax and insurance there is no offence for "failure to display" for a NCT cert, just failure to have a valid NCT in force when using a vehicle in a public place.

Failing to produce the NCT cert within 10 days iif requested is an offence, but not an FCPN offence.

Seth Brundle

On that basis, I'm curious to know what the fixed charge notice the OP received was for.

nhunter100

GM228 wrote:

Unlike motor tax and insurance there is no offence for "failure to display" for a NCT cert, just failure to have a valid NCT in force when using a vehicle in a public place.

Yeah looks like my bad I always (Although a few legal firms have made the same mistake) understood failure to display the disc was an offence and attracted.
OP apologies.
Still not going to end well if he is outside the maximum notice period to pay the fine.

Tomek398

Thanks for your comments. I'm glad to read that "There's no points for failing to display nct disc".

Failing to produce the NCT cert within 10 days iif requested is an offence, but not an FCPN offence

I produced the cert on the same day when I was stopped.

Still not going to end well if he is outside the maximum notice period to pay the fine.

Not yet.

snowflaker

Then go to the court get the charge struck out

GM228

kbannon wrote: »

On that basis, I'm curious to know what the fixed charge notice the OP received was for.

Failure to have a valid NCT in force when using a vehicle in a public place.

If the OP can show they had a valid NCT in force at the time they were stopped then the FCPN should be canceled as display isn't part of the offence.

Seth Brundle

GM228 wrote: »

Failure to have a valid NCT in force when using a vehicle in a public place.

If the OP can show they had a valid NCT in force at the time they were stopped then the FCPN should be canceled as display isn't part of the offence.

...but the OK claimed that they did present to the Garda on the same day!

GM228

kbannon wrote: »

...but the OK claimed that they did present to the Garda on the same day!

They would not be the first to show requested documents only to receive a subsequent FCPN or summons, unfortunately for whatever reasons this happens all too often.

OP apply for the FCPN to be cancelled and provide evidence of valid NCT in force at the time.

http://www.garda.ie/Controller.aspx?Page=13233

368100

The op was only looking to see if they have options. They admitted it was their mistake. I'd do the same.

But typical keyboard warriors on this jump on the aggressive straight away

You'd think that the op had murdered someone! Calm down

RustyNut

kbannon wrote: »

On that basis, I'm curious to know what the fixed charge notice the OP received was for.

My guess would be an error on behalf of AGS. Sit down the back of any district court in the country (comedy gold for the most part) and there will be a stream of people with summonses for no licence, insurance and failure to produce. Lots of these people claim to have produced their docs and still received a summons and are able to produce their docs in court and case stuck out.
Iv had this twice in my driving career, produced on time and summonsed.

I don't know what the fcpn is for but if it's for using a car without a valid cert and the op pays the fine then I presume they will get the points that go with it.

Not paying and waiting for the summons, turning up in court and showing the court the cert will get it struck out, no fine or points.

I wonder how often this happens, how much it costs the state to issue and serve summonses that should never have been issued in the first place not to mention the waist of people's time. Something else the public accounts committee could look at, but that's probably for another thread.

Tomek398

OP apply for the FCPN to be cancelled and provide evidence of valid NCT in force at the time.

http://www.garda.ie/Controller.aspx?Page=13233

Many thanks for that link! Didn't know that.

But typical keyboard warriors on this jump on the aggressive straight away
You'd think that the op had murdered someone! Calm down

Well said. Thank you.

millington

368100 wrote: »

The op was only looking to see if they have options. They admitted it was their mistake. I'd do the same.

But typical keyboard warriors on this jump on the aggressive straight away

You'd think that the op had murdered someone! Calm down

It's priceless. Take 3 penalty points for no reason

Contact the Gardaí and it will be sorted easily, once you had a valid NCT at the time there will be no issue and no judge in this country will prosecute you.

Tomek398

Thanks again for your comments. I've just got letter that my fix charge notice has been cancelled. No need to go to the court.

Kevin!

Tomek398 wrote: »

Thanks again for your comments. I've just got letter that my fix charge notice has been cancelled. No need to go to the court.

Well done, where are the keyboard warriors now?

grogi

Kevin! wrote: »

Well done, where are the keyboard warriors now?

In Small Claims Court obviously...