Car owner didn’t give permission for faulty car to be driven

Carlow First, December 18, 2008.

A man who paid a deposit on a car to have it transferred to his own name, landed in court when the seller of the car drove it without the proper documents.

Before Judge William Harnett at this week’s sitting of Carlow District Court was Thomas Zolana from Huntington Court. Garda Cormac Sheridan told the court that on July 6, 2008 he stopped a car driven by Fernando Carlos and seized it as it was not roadworthy. It later transpired that the car was owned by Mr Zolana who paid to have the car released from the Garda pound.

The car was again stopped and seized on September 13 and again Mr Zolana paid to have the car released again. Defending solicitor Joe Farrell told the court that on neither occasion had Mr Zolana permitted Mr Carlos to use the car for his own purposes. Mr Carlos, who was also listed on the court summons list for the day was not in court. He is currently serving a sentence in the United Kingdom. Mr Zolana told the court in evidence that he had paid €100 as a deposit to Mr Carlos for the Subaru Impreza which was in need of repair. Mr Carlos agreed to fix the car up and bring it for NCT testing and then sell it on to Mr Zolana. In the meantime, Mr Zolana was put on the title deeds of the car.

“I never gave him permission to use the car, just to take it to get fixed,” Mr Zolana told Judge Harnett. Judge Harnett queried getting ownership of a car for €100.

“It was most of the value of the car Judge. It was a 1994 car without NCT certification,” said Mr Farrell. “A Subaru Impreza, they go on forever,” said Judge Harnett striking out the charge for July 6 and convicting Mr Zolana for the September 13 charge.

He was fined €500 and disqualified from holding a driving licence for two years.



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