Challenge to fines over lack of NCT

A Dublin man has brought a High Court challenge aimed at overturning penalties imposed on him for not having an NCT certificate…

A Dublin man has brought a High Court challenge aimed at overturning penalties imposed on him for not having an NCT certificate on a company car.

In judicial review proceedings, James Guerin, of Thormanby Lawns, Howth, Dublin, claims Circuit Court judge Margaret Heneghan acted unconstitutionally in imposing €1,075 in fines relating to him not having the cert for a 2002 BMW car at Howth Road, on Christmas Eve, 2009.

Mr Guerin was convicted in May 2011 in the District Court of not having a cert, not displaying it in the car and failing to produce it in a Garda station within 10 days.

In his High Court proceedings, Mr Guerin claims Judge Heneghan made a fundamental error of law and exceeded her jurisdiction in disregarding evidence that he was driving the car as an employee of Tús Maith Homes Ltd.