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Summons for failure to produce license/insurance at named station

  • 29-07-2024 10:03am
    #1
    Registered Users, Registered Users 2 Posts: 1,213 ✭✭✭


    I was stopped a few months ago, and found to have no motor tax for 2 years.
    (while that was my fault, I could rant a bit about how it happened because it was covid times, my Eir email became defunct, no letters were sent, 2 NCTs, and 3 insurance renewals were done with no comment but I know that won't get me anywhere).
    The garda then impounded the car, due to the length of non-payment.

    I was asked where my nearest garda station was and I offered that and was told to produce license/insurance there which would allow me to retrieve my car.

    So later that day I went to the local station, and found it closed with a note saying it would be open in 4 days. So the next day I went to the next closest station, and produced my licenese/insurance, and got a release for my car. I got a notice in the post for a fine for the motor tax and paid.

    Now 2 months after that I've got a summons for failure to produce a license and having no insurance.

    Again I expect I am in the wrong as I didn't produce the documents at the "named" station. I find that annoying but anyhow at this point what options do I have? Really that should have been made clear to me that it had to be that station and no other.

    Should I get a solicitor? Or show up at the court?
    And just to clarify, I did have insurance on the date I was stopped.

    Ix



Comments

  • Registered Users, Registered Users 2 Posts: 6,299 ✭✭✭Claw Hammer


    The first thing to do is go to the prosecuting guard. Do it well in advance of the court date. Explain what happened sand show him your documents again and tell him where you did produce the documents.
    On the day of the court case go to the court and remind the guard that he met you and show him the documents again if necessary. Most likely the guard will apply for a strike out.
    Do not wait until the case is called before producing documents. If the guard tells you there is no need to go to court, go anyway.
    Go to specsavers. .



  • Registered Users, Registered Users 2 Posts: 1,213 ✭✭✭ixtlan


    Thanks Claw Hammer,

    I did see other comments about contacting the guard (and I have the name/station) in these cases, but do I just call the station and ask for them? And arrange a time to meet them? Sorry if these are stupid questions, but before this arose I would have thought it inappropriate for someone getting prosecuted to be contacting the guards involved directly.

    I do understand that by the letter of the law I am wrong (since now I see how the law specifically states "the named station"), but I can't be the only person making the mistake of not presenting the documents at the "named" one. Systems should be more flexible. Now I have a lot of hassle/worry and the state has a lot of wasted time and resources that could be avoided with some sharing of information.

    Ix.



  • Registered Users, Registered Users 2 Posts: 25,498 ✭✭✭✭coylemj


    OP, I can see the problem here. In hindsight, you should have gone back to the original named station and produced your documents to them.

    You're right that, in general, it is inappropriate to contact someone in advance of a court case but this is a relatively minor RTA case and what Claw Hammer has suggested you do happens all the time. I also agree with him that, even if the Garda says he will sort it out and you don't need to go to court, go anyway.

    Don't attempt to do this over the phone, you need to meet the Garda face to face, show him the cert you produced and suggest that he checks with the station where you did produce the documents. Then go to the court, intercept him before the case is called, remind him of your chat and verify that he is going to ask for the case to be struck out. And, just in case, be sure to bring the cert to show that you were insured on the day.



  • Registered Users, Registered Users 2 Posts: 1,213 ✭✭✭ixtlan


    OK, thank you guys for the responses. I will do that.

    Again, while I agree I am at fault, I am almost inclined to go to a TD and say yes, I am wrong and at fault, but if some minor improvements were made everyone all around might say a lot of time and effort. I can't say for sure though how many other people may be as stupid as me, but I know stupidity is not uncommon! Maybe I even have an obligation to suggest improvements…



  • Registered Users, Registered Users 2 Posts: 2,996 ✭✭✭Nigzcurran


    2 years no tax and your trying to blame everyone but yourself! Come on man just take it on the chin like the rest of us 😄



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  • Registered Users Posts: 457 ✭✭Richmond Ultra


    Ring the station, get the email address of the garda, send them an email explaining everything and scan in documents, if you can't get them in person.

    You'll be fine, it happens the whole time.



  • Registered Users, Registered Users 2 Posts: 18,797 ✭✭✭✭kippy


    Minor improvement required:

    Pay your motor tax when due, would have saved everyone a lot of hassle here. Not just yourself.



  • Registered Users, Registered Users 2 Posts: 669 ✭✭✭SVI40


    How the hell did you not cop your tax was 2 years out of date?

    "I can't say for sure though how many other people may be as stupid as me"

    You described yourself perfectly.



  • Registered Users, Registered Users 2 Posts: 19,040 ✭✭✭✭Del2005


    If the Garda station you nominated wasn't part time or the Garda at the station you went to entered your details into PULSE correctly then this wouldn't have happened. When you present to the Gardaí you should always ask for the PULSE receipt to prove you produced. Did you at least get a receipt from the other station?



  • Registered Users, Registered Users 2 Posts: 1,213 ✭✭✭ixtlan


    As far as I am aware, all that I was given on the day of the impound was the vehicle retrieval form.
    The station I went to checked my insurance/license and stamped the form, which I brought to the impound.
    I have no other receipt.
    The impound kept the form I presented and all I now have is the receipt from the impound.



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