Man left stranded in Carlow after gardaí seize car, court hears

A Dublin man who found himself stranded with his dog in Carlow after an illegal right turn saw his case struck out at Carlow District Court last week due to a postal error – although he seemed more concerned about the treatment he received than the legal victory.

Alan Power (57), 22 Rossmore Close, Dublin 6 appeared before Judge Geraldine Carthy to contest a traffic offence from 18 November 2024, when he illegally turned right from Burrin Avenue onto Kennedy Street in Carlow town, where a ‘no right turn’ sign was posted.

The court heard that Mr Power, who was unfamiliar with Carlow, had travelled from Dublin specifically to get his recently acquired car back taxed. Unfortunately for him, the vehicle’s tax had expired ten days earlier, leading to its seizure under section 41 of the Road Traffic Acts.

The investigating gave evidence of the incident, while defence solicitor Joe Farrell painted a picture of a man caught in difficult circumstances. “He said (the gardaí) were right behind him and roadworks were taking place; it was lashing rain; it was really wet and there was heavy traffic. He was trying to get across the junction,” Mr Farrell told the court.

When asked by Mr Farrell if he had flashed his lights or beeped his horn to warn Mr Power, the garda replied in the negative.

Mr Power’s own testimony revealed his frustration with the entire ordeal. “The weather was horrendous. I couldn’t turn left or go straight and was in the middle of the road. I panicked and turned right – I didn’t see the sign,” he explained. “No damage was caused and there was no hindrance to any other traffic whatsoever.” 

However, it was the aftermath that seemed to rankle most. With his car seized and his dog in tow, Mr Power found himself stranded in Carlow. “I said ‘don’t leave me here with the dog, stranded’. I’ve never been treated so bad by a guard in my life. That’s the fact of the matter, that’s the truth, your honour,” he told the court.

The situation, he said, was compounded by the fact that he couldn’t take the train back to Dublin due to restrictions on bringing his dog on board.

Adding insult to injury from Mr Power’s perspective, the car was held until 5.30pm, meaning he couldn’t bail it out until the following Tuesday. “Horrid. They kept me waiting at the garda station,” he said.

Mr Power admitted he would have paid the original €80 fixed-charge penalty notice if he had received it, but expressed confusion when it later became €180. “I thought that’s not right – it should only be €80. I said, ‘I’m not going to court’,” he explained.

He outlined he had already paid out €280 to retrieve his car on top of €330 for back tax.

When asked if he was upset by the proceedings, Mr Power responded with apparent resignation: “I don’t really care anymore.” 

The case took an unexpected turn when Judge Carthy was shown that there had been an error with the postal address on the original fixed-charge penalty notice, meaning it could not be served by registered post. She ruled that the matter be struck out entirely.