Judge has 'food for thought' in prosecution against Limerick motor trader
A MOTOR trader is facing prosecution for not displaying tax and insurance discs on vehicles that were parked in a public place in Limerick.
Michael Daffy, of Michael Daffy Car Sales, Kilmallock faced a total of 10 summonses, for non-display, regarding cars which were parked at Castlecourt and Deebert Park in the town on September 17, 2022.
Robin Lee, solicitor for Mr Daffy, said the net issue concerns a number of vehicles parked in car parks.
Quoting chapter five of the Finance Act, 1976, Mr Lee said as his client is a motor trader he is not obliged to tax his vehicles.
Inspector Gearoid Thompson, prosecuting, told the local court that gardai had received complaints in relation to the vehicles.
“We accept he is a rate payer but there is an overspill of cars using public car-parks,” said Insp Thompson.
Judge Patricia Harney described the case as a “novel matter”.
She said Mr Daffy is quite entitled to park his vehicles on the public thoroughfare but added there are questions as to whether he has to then display tax / insurance discs.
Insp Thompson said gardai have “no way of knowing” if a car is owned by a private person or a motor trader.
Judge Harney said Mr Daffy is not obliged to tax his vehicles. “I see the State’s problem and the State’s issue but it is far from straight forward,” said Judge Harney.
Mr Lee said that Mr Daffy has “fleet insurance” to cover his cars.
Judge Harney said because Mr Daffy has fleet insurance he doesn’t have the discs to display.
The judge said she needed time to consider her verdict.
“Food for thought. I have homework,” said Judge Harney, before adjourning the case.