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Parking summons, but was not the driver

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  • 17-12-2010 2:09pm
    #1
    DickCheeseman
    Closed Accounts Posts: 4 ✭


    I lent my car to someone, who parked in a loading bay in Bray and got a fixed penalty notice. Bray Town Council wrote to notify me. I completed the section on the back of the ticket to give them the driver's name and address (he lives in England) and posted it off to the Council by return.

    Their solicitors wrote, threatening me with a court summons unless I paid up. I replied to the Town Council (cc their solicitors) to confirm I wasn't the driver who parked in the loading bay; I wasn't a passenger; I wasn't even in Bray that day. I confirmed I had already supplied them with the driver's name and address details so if they wanted to take matters further, they should take it up with him.

    Today their solicitors sent a summons to appear in court. The offence is "that you did...park in a loading bay...and/or were the registered owner of... car registration number xx-xx-xxxxx which was so parked..." etc. I'm furious at them for sending this summons. I've already given all the details I'm obliged to. Now they are threatening me with a day in court that I can't attend due to a long-arranged work commitment.

    I know some defence has to be entered. I'm definitely not going to ignore this, cos otherwise these muppets will win out. So, I have three questions:
    1. Do I have to engage a solicitor to appear for me, or will a written defence suffice?
    2. Am I still in trouble because I'm the registered owner of the car, even though I wasn't even in it that day?
    3. Do I have any comeback against them for this nonsense?

    Thanks in advance.
    Tagged:


Comments

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    #2
    Triangla
    Registered Users Posts: 818 ✭✭✭Triangla


    I think I'm stating the obvious by suggesting you get in contact with your mate and tell him he owes you money for this.


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    #3
    DickCheeseman
    Closed Accounts Posts: 4 ✭DickCheeseman


    Triangla wrote: »
    I think I'm stating the obvious by suggesting you get in contact with your mate and tell him he owes you money for this.

    He wasn't aware (yeah, I know that's no defence) that loading bays are restricted to commercial vehicles only. Apparently, it's different in England: you can load/unload a private car in a loading bay; which he was doing, and he was in the loading bay for under 10 mins.

    My point is: I shouldn't have to pay any fine, should I??? I wasn't driving. I didn't choose to park there. If the ******s in Bray Town Council have an issue they should take it up with him, not hound me and cause me this grief.


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    #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Do you have any proof you weren't driving? Will your mate go to court?


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    #5
    coylemj
    Registered Users Posts: 25,351 ✭✭✭✭coylemj


    OP, I don't doubt your bona fides but surely you can see that the system of imposing fines by way of parking tickets would be totally unworkable if someone could claim that their car was being driven by a guy who is now in England and then not have to pay a fine?


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    #6
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    Yes I would be of the opinion that your mate is not that much of a mate at all. If he is letting you cop this.

    Best of luck in court.


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    #7
    DickCheeseman
    Closed Accounts Posts: 4 ✭DickCheeseman


    k_mac wrote: »
    Do you have any proof you weren't driving? Will your mate go to court?

    Yup, he spoke with the miserable pissdrinking specimen who wrote the ticket, who said "you're on garda cctv". If that claim is true, it would show I wasn't the driver. But it could just be a bluff in case he thought my pal was going to give him a slap (he wasn't).


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    #8
    DickCheeseman
    Closed Accounts Posts: 4 ✭DickCheeseman


    coylemj wrote: »
    OP, I don't doubt your bona fides but surely you can see that the system of imposing fines by way of parking tickets would be totally unworkable if someone could claim that their car was being driven by a guy who is now in England and then not have to pay a fine?

    Well, it happens to be the truth. The driver lives in England. But they haven't bothered him. It's me they're pursuing. And I wasn't the driver. I gave them his address, like the law says I should. So why harass me?


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


    DickCheeseman wrote: »
    Yup, he spoke with the miserable pissdrinking specimen who wrote the ticket, who said "you're on garda cctv". If that claim is true, it would show I wasn't the driver. But it could just be a bluff in case he thought my pal was going to give him a slap (he wasn't).

    Well if he spoke to him using the same language you just did you can se how he might have been mistaken. When exactly did he speak to him?


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    #10
    Mr. Presentable
    Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    Not legal advice, and not what I'd do, but I think you should ignore any and all correspondence in connection with this matter.


    And enjoy the consequences.


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    #11
    Victor
    Registered Users Posts: 78,278 ✭✭✭✭Victor


    You are the registered owner. You can be convicted. you can't rely on a written-only defence and you should attend court on the day. It might be advisable to talk to one of the local solicitors who deals with such matters.
    Mr. Presentable wrote: »
    Not legal advice, and not what I'd do, but I think you should ignore any and all correspondence in connection with this matter.


    And enjoy the consequences.
    Free holiday in Mountjoy?


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    #12
    PCPhoto
    Registered Users Posts: 6,584 ✭✭✭PCPhoto


    chances are that after you turn up in court and give your side of the story - the traffic warden will admit that you were not the person he dealt with and the matter should be struck out.

    if you get the opportunity to cross examine the traffic warden - ask if you are the person who was there on the date in question ....then ask if he made any attempt to contact the name and address supplied by you for the actual driver on the day in question.....if he answers those questions honestly (based on your version of events) .... he will look pretty silly in the eyes of the judge.

    unfortunately it does mean that you have a wasted morning (at least)

    best of luck with it - ps.dont take the above as legal advice ...its just what I think would be awkward questions for the warden to answer - given your version of events.


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    #13
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    1. Dick Cheesman - your comments about the traffic warden in your post no 7 are deplorable. Whoever parks a private vehicle in a loading bay is in breach of parking regulations, and the traffic warden was entitled to issue a ticket. Do you have this attitude to everybody doing their job?

    2. Talk to your solicitor regarding your responsibilities and obligations as registered owner of the vehicle.

    3. Not giving legal advice except to say it would be unwise to ignore or do nothing about proceedings served on you.


This discussion has been closed.
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