Hi a late post (very late) to this thread, but its worth mentioning - according to the Bill of Rights of 1688 'that all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void' This particular section of the Bill of Rights Act 1688 has Not been repealed under the "Statutes Law Revision Act 2007"
The Gardai cannot take your car from you on the side of the road, a Donegal man used a different law and won his case in court.
Regretfully The link to Donegaldaily.com appears to me to be near useless it requires you to pay a subscription to read the articles such as this link. Is it possible you or others that you can influence can print out the full story of the driver that got their car back or find a link that has the same information for free .
this is the facebook for the Irish Drivers Ass., scroll down to Breaking news, its the same article
the link to the Donegal Daily is loading on my computer
The only thing i found was
Today one of the Irish Drivers Association members
Has taken what we can see as a successful challenge on the unlawful seizure of his vehicle.
The state is been billed for €1000 a day.
The judge listens intensively.
This is a laymans challenge which again proves your solicitor is not working for you. Case adjourned till nx fri.
We will update this nx fri
Classic case of kick for touch and pass the problem to another judge make nice cooing noises of understanding while really wanting to nail the motorist short and curlies to wall
If it is thats link then we have to wait until friday to hear what the next installment is from the wigs extortion racket
This is the link
Does anyone understand about registering a vehicle, who is the registered owner when this is carried out?
‘WE WON COURT CASE WHEN GARDAÍ SEIZED CAR – YOU CAN DO THE SAME’ – CAMPAIGNER
April 11, 2014
john dohertyA CO Donegal man whose son took on Gardaí in court after his car was seized and won says more motorists need to legally challenge the practice.
John Doherty spoke out after both Customs and Gardaí seized a total of 60 vehicles across the county in the past three weeks.
The Customs seizures related to UK-registered vehicles which hadn’t Vehicle Registration Tax (VRT) paid. The Garda seizures related mainly to non-payment of road tax.
But despite losing a court case five years ago over the practice, Gardaí are continuing to seize vehicles.
John’s son John Jnr had his car seized in Letterkenny five years ago. It was registered in Northern Ireland at the time.
“The garda in the case said he was seizing John’s car under Section 139 of the 1992 Finance Act,” said John Snr who is part of the Irish Drivers Association lobby group.
“John replied that by taking his car the garda was in breach of his rights under European Law, specifically articles 25 and 39 of the Treaty of Rome; that gardai would be in breach of his rights on freedom of movement as well as in breach of diue process under the Irish Constitution.
“This effectively says that seizure of goods more than the amount allegedly owed to the State is illegal.”
John Snr also confronted Gardai who said his son had a Republic of Ireland drivers’ license. But he responded that it was a European-wide license, which allows him to hire a car whilst abroad – without breaking any laws.
It took more than two years for the case to get to court where John Jnr rejected a plea bargain offer on charges of resisting arrest and possession of a foreign-registered vehicle.
“The Gardai regretted taking the case to court and offered to drop the resisting arrest charges if the VRT charge was pleaded to but we rejected this,” said John Snr.
“In court we told Judge Kevin Kilrane that John had told the garda on the night that failure to deal with the matter by summons was breaching his rights and the judge agreed.
“He told the garda that in future he should follow due process. The cases were thrown out of court.”
He says the Irish Drivers Association is now advising motorists how to handle a situation where a car is being seized.
“What the association are advising people when confronted by customs or Gardai about car seizures in relation to road tax or customs duties/VRT is simply to inform the respective officer that he/she must follow due process and issue them with a summons,” said John.
“Every officer has a duty of care to uphold that person’s Constitutional rights.
That way they get a fair trial by a court. No roadside penalties should be paid in lieu of going to court. No seizure fee should be paid. By enforcing any of these penalties the State denies you your constitutional right to a fair trial in court.
“This is now a fact and has been proven in Letterkenny Court in the case of DPP v John Doherty. Judge Kilrane told the Garda that it was a draconian measure to lift anyone’s car on the roadside. Striking out the case, the judge told the Garda ‘in future guard, follow due process’.”
Due Process – the law
This is the guidance given to motorists from the Irish Drivers Association:
Irish constitutional law
1. The 3rd amendment to the constitution. Ireland’s accession to Europe. Known as the 1972 European Communities Act. This is where the Gov of 1992 signed up to the terms of the treaty of Rome.
2. Constitutional law
The constitution is the highest law in the land and no other acts of law introduced by governments shall supersede same. The constitution can only be changed or amended by the people by means of a referendum.
3. The 1992 Finance Act is an introduction of law which supposedly gives Gardai and Customs the powers of seizure which is contrary to article 15.which states “The Oireachtas shall not enact any law which is in any way repugnant to the constitution or any part thereof.”
4. Article 38 The right to a Fair Trial
Article 38 the right to a fair trial in court by a Judge/ jury. If Gardai and customs start to act as judge jury and executioner on the roadside then we no longer need the courts.
5. Article 37
Every person appointed a judge shall swear an oath to uphold the constitution. And should bring it to the attention of the court where summons are been issued under the 1992 finance act giving powers of seizure is contrary to constitutional law.
6. Article 43 property rights
Your property is yours and can not be seized detained or otherwise unless on foot of a court order signed by a Judge not a ( court clerk ) in other words if it’s not signed by a judge it’s not Valid.
European law. Treaty of Rome
European principles of proportionality
A court order can not be issued to collect revenue if the property exceeds that which is due to the state. In short they can only lift to the value of, but not above.
Treaty article 10
Member states shall take appropriate measures to ensure fulfilment of the obligations arising out of the treaty.
The community shall adopt measures
With the aim of establishing the internal Market over a period expiring on the 31.12.92
Customs duties on imports and exports and (charges having equivalent effect) /VRT shall be prohibited between member states.
Article 39. Free movement.
The free movement of goods. Persons. And capital.
Has anyone got a car with a tow hitch? Can contact me?
What's the story now regarding VRT and Brexit?
Not a expert on the subject but suspect the VRT stays the same .
A challege was made to communist run EU courts system against the Irish VRT
They replied it was the right of ROI to continue the VRT and same applied to Denmark who had similar VRT issues
Brexit makes the UK out of the EU and in theory makes the ROI stay inside the EU
However becuase the "1926 King George the 5th Royal Oireachtas 26 county Provisional Irish government " based in Leinster house is not a De jure government and the EU membership must be a Sovereign government that could alter things . As long as the UK stayed in the EU the non de Jure status of Ireland was covered over as if the ROI was still part of the UK sorta like Wales and Scotland are separate but part of the UK . Scotland which wants to remain in the EU must first vote to leave the UK become sovereign and then join the EU .It basically mean that ROI cant remain in the EU unless they can dissolve the 1926 King George the 5th Royal Oireachtas 26 county Provisional Irish government and elect in a Sovereign Irish government based on the 1919 sovereign Irish republic government that never left or went away from Ireland even though King George banned them .
That new sovereign Irish government based on the 1919 sovereign Irish government would be apposed to these type of taxes as inherently anti the people .
Also they could have the right to decide to leave the communist controlled EU without to even do a referendum as they never signed the EU treaties
So watch this space http://www.billymcguire.com/ where the President of the Sovereign Irish republic Billy Mcguire sticks the cat among the pigeons if Brexit takes place