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problem with traffic warden

  • 03-04-2011 12:29pm
    #1
    Resend
    Closed Accounts Posts: 292 ✭✭


    I amm not seking advice and would like a discussion around the following including what laws apply

    How do you complain about a traffic warden who is being selective about issusing tickets. the local authority believe the warden. He has been seen ignoring certain vehicles illegaly parked. Is a witness necessary? How does one take a local authority to court for the warden almost stalking them and giving ticket for being in shop a short time while the warden just ignores other illegally parked cars

    if there are five wardens and you write in a paper/website one does not do his job fairly is that defamation by association


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    So is the problem that he is targeting someone or that he is not giving everyone a ticket? If you gave everyone who parked illegally a ticket you would be returning to replace your ticket book pretty often. However, if you see the same person reoffending over and over then it is not unreasonable to keep ticketing them.


  • #3
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    It also might help if you didn't park illegally in the first place, so there would be no cause for getting a ticket.

    You should contact your local public representatives and make them aware of your complaints. They can address this with the council.


  • #4
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    k_mac wrote: »
    So is the problem that he is targeting someone or that he is not giving everyone a ticket? If you gave everyone who parked illegally a ticket you would be returning to replace your ticket book pretty often. However, if you see the same person reoffending over and over then it is not unreasonable to keep ticketing them.
    the problem is some people ,often business people, are allowed illegally park a lot warden just passes by them. when he comes to a non business person the book is out. could be a local authority instruction or he has pals
    however, if you see the same person reoffending over and over then it is not unreasonable to keep ticketing them.
    this is not scenario


  • #5
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    Paulw wrote: »
    It also might help if you didn't park illegally in the first place, so there would be no cause for getting a ticket.
    why are others allowed to park illegally is the question?


  • #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Resend wrote: »
    the problem is some people ,often business people, are allowed illegally park a lot warden just passes by them. when he comes to a non business person the book is out. could be a local authority instruction or he has pals

    He'll have his own tolerance level. If it's someone loading or unloading stock, dealing with money or simply checking the business he will probably let them off for short term parking outside their business. Or if someone is just running to an ATM and not causing an obstruction he might be ok with that.
    Resend wrote: »
    this is not scenario

    Did you not say he was practically stalking you?


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  • #7
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    k_mac wrote: »
    He'll have his own tolerance level. If it's someone loading or unloading stock, dealing with money or simply checking the business he will probably let them off for short term parking outside their business. Or if someone is just running to an ATM and not causing an obstruction he might be ok with that.
    that is what i object to when i was gone for few mins i was ticketed and it is not outside their business i mean a business van parked in town on double yellow lines why would he be ok with some and book others

    he has an obligtion to apply the law fairly. there seem in this scenario a very concerted effort to ignore business vehicles and book ordinary people


  • #8
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    I will PM you OP.


  • #9
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Resend wrote: »
    that is what i object to when i was gone for few mins i was ticketed and it is not outside their business i mean a business van parked in town on double yellow lines why would he be ok with some and book others

    AFAIK loading and unloading is allowed by goods vehicles on double yellow lines. If the warden tickets them the owner will just claim that he was loading. Given the grey area, perhaps the ticket warden is being smart and saving the council a few bob?

    In Dublin City you can park on a double yellow line for a maximum of 30 minutes while actively loading or unloading a vehicle. I'm sure it's the same elsewhere.


  • #10
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Resend wrote: »
    the problem is some people ,often business people, are allowed illegally park a lot warden just passes by them. when he comes to a non business person the book is out. could be a local authority instruction or he has pals.

    No the problem is that if you are parked illegally you can be ticketed.


  • #11
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    Reloc8 wrote: »
    No the problem is that if you are parked illegally you can be ticketed.
    noit is not the problem is that some people are ticketed if parked illegally, others are not. if you cannot read my post then do not bother answering


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  • #12
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,714 ✭✭✭GerardKeating


    Resend wrote: »
    noit is not the problem is that some people are ticketed if parked illegally, others are not. if you cannot read my post then do not bother answering

    But as another reply stated, some people (if loading/unloading) are allowed to park "illegally", are you sure this is not the case ?


  • #13
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Resend wrote: »
    noit is not the problem is that some people are ticketed if parked illegally, others are not. if you cannot read my post then do not bother answering

    I read your post. I don't know why you would think I didn't.

    You just don't like my reply.

    If 'the problem' = 'your problem' then 'your problem' is you are getting ticketed for parking illegally.

    If your question is 'if someone parks illegally and doesn't get a ticket, do I have a defence for getting parking tickets when I park illegally' then the answer is no.

    That's the answer.

    You just don't like it.

    If you are interested in the solution to your problem, it is don't park illegally but I suspect you won't like the solution either.


  • #14
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    Reloc8 wrote: »
    I read your post. I don't know why you would think I didn't.

    You just don't like my reply.

    If 'the problem' = 'your problem' then 'your problem' is you are getting ticketed for parking illegally.

    If your question is 'if someone parks illegally and doesn't get a ticket, do I have a defence for getting parking tickets when I park illegally' then the answer is no.

    That's the answer.

    You just don't like it.
    why don't you stay out of it when you only want to pick fault with my question.putting you on ignore now


  • #15
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    GerardKeating wrote: »
    But as another reply stated, some people (if loading/unloading) are allowed to park "illegally", are you sure this is not the case ?
    it is not unloading it is blind eye for some that is the issue


  • #16
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Resend wrote: »
    why don't you stay out of it when you only want to pick fault with my question.putting you on ignore now
    Resend wrote: »
    it is not unloading it is blind eye for some that is the issue

    You're more than welcome to do so but I'm not picking fault with your question, I'm answering it.

    A blind eye for some gives no defence to others, if the others are breaking the law.


  • #17
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    So, let me understand.

    You don't have a problem getting a ticket when you park illegally? You accept your punishment?

    But, your issue is that others park illegally and are not ticketed?

    Then you should complain to the council, and to your local public representatives. Make them aware that this specific warden is not dealing with some parking illegally.


  • #18
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Resend wrote: »
    I amm not seking advice and would like a discussion around the following including what laws apply

    How do you complain about a traffic warden who is being selective about issusing tickets. the local authority believe the warden. He has been seen ignoring certain vehicles illegaly parked. Is a witness necessary? How does one take a local authority to court for the warden almost stalking them and giving ticket for being in shop a short time while the warden just ignores other illegally parked cars

    if there are five wardens and you write in a paper/website one does not do his job fairly is that defamation by association

    Reloc8 is correct in his posts. You appear to take issue with the fact that if you park illegally, you will get a ticket, even if you park for a short time, while others get away with more leeway. The fact is, if you are parked illegally, you should be ticketted. It doesn't matter that other people have not been caught to the same extent or have been given more leeway. The simple answer is to not park illegally and to obey the rules. Unfortunately, there is not a lot you can do otherwise other than make a complaint to his superiors.

    As to whether a comment on a website is defamation or not, it may or may not be. It very much depends on the content of the comment made.


  • #19
    time lord
    Registered Users, Registered Users 2 Posts: 606 ✭✭✭time lord


    The best way to complain is to find out who the wardens boss is and write to them, not an email. Their boss is usually a director, don't write to the county manager as this gives you room to manouver if the outcome is not satisfactory. Ask for a face to face in the letter and follow through on the meeting.

    Come across as very fair and level headed in the letter and don't rant or attack the character of the warden as is common in many such letters. Keep the issue to one or two items maximum. The warden will usually be shown the letter. If the warden is not new to the job the chances are very strong that this issue has arisen before. The council will not tell you this. A warden just doesn't behave like this out of the blue bar they are a redarse.

    I have dealings with about a dozen wardens in my job and it would get hot under the collar for any warden if complaints of your kind reappear from other members of the public over say a 12 month period. The job does attract unwarrented observations from joe public so hence the 12 month-ish term for similar complaints.

    I know you wouldn't but don't be tempted to get others to write in at your request on the same topic. These letters are usually very easy to spot. If as you say the warden is this way inclined to do their job it will be highlighted by others too. The public are not slow in complaining to local authorities especially about enforcement issues.

    If I were talking to this warden I would suggest to them to use their discretion. I would tell them it is better for all of us if no letters of complaint were to come in. I would say this as far as I'm concerned is the end of the matter but if the complainant blocks traffic during any busy period of the day "do" him, take pictures and I'll back you 100%. Remember the letters thing and no "haunting" any cars. Right so good luck.

    If its any consolation It can be a common enough problem you've outlined
    and I would guess you and it only is a guess you are right in your observations on the wardens method of work.


  • #20
    TylerIE
    Registered Users, Registered Users 2 Posts: 1,635 ✭✭✭TylerIE


    BrianD wrote: »
    AFAIK loading and unloading is allowed by goods vehicles on double yellow lines. If the warden tickets them the owner will just claim that he was loading. Given the grey area, perhaps the ticket warden is being smart and saving the council a few bob?

    In Dublin City you can park on a double yellow line for a maximum of 30 minutes while actively loading or unloading a vehicle. I'm sure it's the same elsewhere.


    Semi Off Topic but isnt the 30minute leeway gone in the last edition of the rules of the road?

    It was used as a defence in court in a case in Dundalk a few years ago (and made the tabloids at the time) but I have not seen it in the new Rules of the Road?


  • #21
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    time lord wrote: »
    The best way to complain is to find out who the wardens boss is and write to them, not an email. Their boss is usually a director, don't write to the county manager as this gives you room to manouver if the outcome is not satisfactory. Ask for a face to face in the letter and follow through on the meeting.

    Come across as very fair and level headed in the letter and don't rant or attack the character of the warden as is common in many such letters. Keep the issue to one or two items maximum. The warden will usually be shown the letter. If the warden is not new to the job the chances are very strong that this issue has arisen before. The council will not tell you this. A warden just doesn't behave like this out of the blue bar they are a redarse.

    I have dealings with about a dozen wardens in my job and it would get hot under the collar for any warden if complaints of your kind reappear from other members of the public over say a 12 month period. The job does attract unwarrented observations from joe public so hence the 12 month-ish term for similar complaints.

    I know you wouldn't but don't be tempted to get others to write in at your request on the same topic. These letters are usually very easy to spot. If as you say the warden is this way inclined to do their job it will be highlighted by others too. The public are not slow in complaining to local authorities especially about enforcement issues.

    If I were talking to this warden I would suggest to them to use their discretion. I would tell them it is better for all of us if no letters of complaint were to come in. I would say this as far as I'm concerned is the end of the matter but if the complainant blocks traffic during any busy period of the day "do" him, take pictures and I'll back you 100%. Remember the letters thing and no "haunting" any cars. Right so good luck.

    If its any consolation It can be a common enough problem you've outlined
    and I would guess you and it only is a guess you are right in your observations on the wardens method of work.
    thanks for your reply. i do not think though that the boss will do anything. i think there is a policy not to ticket some people. others have said same to me.
    I know you wouldn't but don't be tempted to get others to write in at your request on the same topic
    you are correct i wouldn't do that


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  • #22
    stephendevlin
    Closed Accounts Posts: 1,307 ✭✭✭stephendevlin


    We had someone that used to do that on a yellow box regurlarly.


  • #23
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    stephendevlin wrote: »
    We had someone that used to do that on a yellow box regurlarly.
    park on a yellow box?


  • #24
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    Resend wrote: »
    thanks for your reply. i do not think though that the boss will do anything. i think there is a policy not to ticket some people. others have said same to me.

    you are correct i wouldn't do that


    if you step back and look at the problem .... you park and sometimes get ticketed, but you see other people parked in the same place without a ticket (are the same cars there before and after you receive a ticket ? or is it possible that the other cars are not present when the ticket warden is around)

    if you feel you are being victimised by a particular traffic warden - set up a camera watching your car and others around it - if you are selected for ticket only then you have proof, if not, then you are not being picked on and are just unucky.

    your argument seems pretty weak - "because others are parking illegally - why do I get a ticket" ...would you try the same if you get repeated speeding tickets ..... why is everyone who speeds not ticketed ....simple... wrong place wrong time !!!

    you must be unlucky with your parking - if others are not being done at the same time ...but like others have said .... if you are constantly getting caught .... why not change what you do and stop parking illegally.

    (I'm not trying to preach...everyone knows the enforcement of traffic laws in this country are terrible - due to lack of garda and too many loopholes in laws)


  • #25
    Resend
    Closed Accounts Posts: 292 ✭✭Resend


    PCPhoto wrote: »
    if you step back and look at the problem .... you park and sometimes get ticketed, but you see other people parked in the same place without a ticket (are the same cars there before and after you receive a ticket ? or is it possible that the other cars are not present when the ticket warden is around)

    if you feel you are being victimised by a particular traffic warden - set up a camera watching your car and others around it - if you are selected for ticket only then you have proof, if not, then you are not being picked on and are just unucky.

    your argument seems pretty weak - "because others are parking illegally - why do I get a ticket" ...would you try the same if you get repeated speeding tickets ..... why is everyone who speeds not ticketed ....simple... wrong place wrong time !!!

    you must be unlucky with your parking - if others are not being done at the same time ...but like others have said .... if you are constantly getting caught .... why not change what you do and stop parking illegally.

    (I'm not trying to preach...everyone knows the enforcement of traffic laws in this country are terrible - due to lack of garda and too many loopholes in laws)
    no i do not say i am being victimised. i say some people including me are ticketed and some are not. there appears to be a pattern of certain people business people in particular who are give a blind eye. they can park on double yellow lines or without pay display and not be ticketed. the warden has been seen by many, not just me, ignoring illegal parking by some

    and i have not been constantly caught. where did i say that?Have had one ticket in all my life
    your argument seems pretty weak - "because others are parking illegally - why do I get a ticket"
    not what i said


  • #26
    stephendevlin
    Closed Accounts Posts: 1,307 ✭✭✭stephendevlin


    Resend wrote: »
    park on a yellow box?

    yES sIR :D

    Business Person his car or jeep was parked on it for hours


  • #27
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Resend wrote: »
    How do you complain about a traffic warden who is being selective about issusing tickets. the local authority believe the warden. He has been seen ignoring certain vehicles illegaly parked. Is a witness necessary? How does one take a local authority to court for the warden almost stalking them and giving ticket for being in shop a short time while the warden just ignores other illegally parked cars

    if there are five wardens and you write in a paper/website one does not do his job fairly is that defamation by association

    Resend wrote: »
    no i do not say i am being victimised. i say some people including me are ticketed and some are not. there appears to be a pattern of certain people business people in particular who are give a blind eye. they can park on double yellow lines or without pay display and not be ticketed. the warden has been seen by many, not just me, ignoring illegal parking by some

    and i have not been constantly caught. where did i say that?Have had one ticket in all my life


    ...

    So all of this is in fact a question amounting to 'how do I take the local authority to court because this one time I got a parking ticket by the way I was parked illegally however other cars around me were also parked illegally in my opinion and they got no ticket ?'

    Eh...

    You more or less pay the ticket and get on with your life.

    There is no legal solution to what you perceive to be your problem.


  • #28
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Unless you are actually being victimised by this traffic warden then you have absolutely no standing and cannot take anybody to court.


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