Being diligent with the small print

HELPDESK Michael McAleer answering all your questions

HELPDESK Michael McAleeranswering all your questions

From EO, Co Meath: Just what are the rules regarding car sales in Ireland? On my road every weekend at least three to four cars are parked on the grass verge with "For sale" signs on them. The people involved don't seem to be operating any business, but selling the cars privately. Yet it's a constant stream of cars, many of them carrying UK registrations. Can they trade like this without any restraint?

According to a spokesman for the Revenue, anyone selling cars other than their own private vehicle must register for VAT if they trade in more than €75,000 per annum. However, they need not be an officially registered firm with the Revenue to trade used cars. You only need a Revenue Trader Account Number (TAN) to sell new cars.

However, when it comes to imported cars, they must be registered within 24 hours of arrival in the State, unless the person has a TAN.

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The other important factor is that, due to a Statutory Instrument introduced in August 2007, anyone engaged in car selling and registered for VAT must have a tax clearance certificate and must carry out their business at a premises "where such business can legally be carried out". Roadside sales do not fit that description and as such would appear to be illegal.

From SC: Why is the Government set on punishing those of us who bought green cars prior to the political conversion to the CO2 agenda? I bought my Mini diesel a few years ago. It comes with an emission figure of 129g/km. I pay - and will continue to pay - €320 per year. If I had waited - and driven my older, more polluting car until this year - I would now be paying €150. That's a whopping €170 extra per year.

I understand your frustration. For now there seems little chance of the Government backdating the tax changes further than it did earlier this year when it allowed cars registered from January this year to benefit from the new CO2 taxes. That decision was largely based on the fact that in a previous budget the Government had promised to have the new carbon-based tax system in place by January 2008. While it missed that deadline, there may have been a case for motorists to claim they based their purchasing decisions on such promises.

It's likely the Government would claim your decision was not based on any potential tax benefits, as no one was aware the changes were on the way.

It might seem unfair, but I suspect they will not change the rules in the foreseeable future. However, it should be noted that in Britain, the government there has promised to introduce a new punitive tax scheme for polluting cars bought as far back as 2001.

From J Taylor: I am just back from a trip around southern Europe, where I rented a car. It was not until I returned from the trip that I noticed an extra charge for damage to the car. There is no way that I committed that damage. Can the rental company simply take the money from my credit card account without my consent?

This is an increasingly common complaint and we published several articles on this already this year. One important element of this is the number of people who sign contracts for car hire without reading the fine print. I am not suggesting this happened to you, but many car hire firms have contracts that allow them to take money after rental when it deems the charges are correct.

If you are concerned about this you should not sign a contract that allows the rental firm to charge your account without "specific consent". You should contact the European Consumer Centre at once with your complaint. They are at 13A Upper O'Connell St, Dublin or by phone at 01 8090600.

Others should follow some basic rules when renting. For a start, never rent without a proper inspection of the car and a diagram document signed by you and the hire company. You may be in a rush from the airport, but skipping this part could cost you in the long run.

Then be sure to get the car inspected and the form signed again when you leave the car back. If the car hire staff say it is fine, don't take their word for it. Demand that they inspect the vehicle and sign the form. Like everything, what appears to be the best-priced option doesn't necessarily work out that way. Use a firm you trust. Finally, all these points apply as much to rentals in Ireland as to rentals abroad." Never rent without a proper inspection of the car. You may be in a rush from the airport, but skipping this part could cost you in the long run