Parking Fines

Sully

Hey..

Quick question: If someone gets a parking ticket (for not displaying a parking disc) and refuses to pay it - when it goes to court is the max fine €800? Whats the average fine received in the courts for not paying and I assume having a solicitor with you is required/suggested?

The Transport.ie section on Fines etc. doesnt mention anything about going to court and the Citizens Info site is rather vague on what happens in court. So, im finding it hard to find out exactly what happens.

Other traffic offenses (speeding for example) is much better doucmented, and states what happens when appearing in court. I take it parking fines isnt that common in the court? Seems like a waste of time anyway, why someone just wouldnt pay it is beyond me.

I got the €800 fine from the Galway Councils website.. cant seem to find it anywhere else. My own council doesnt have that sort of info on the site.

I assume there are no penalty points attached with parking illegaly and there is no possible jail term?

Victor

There are different offences.

Not paying (enough) at a parking meter is slap on the wrist type stuff, however nuisance (loading bay, taxi rank, wheelchair space, etc.) or dangerous (solid white line, junction, bend, pedestrian crossing) parking will attract much stiffer fines and penalty points.

The fines are set out in the Road Traffic Acts, but the acts have been amended on a piecemeal basis so I don't know what the current fines are.

Some are prosecuted by the Garda, other by the local council.

Sully

But what does a slap of the wrist contain? How much of a fine? I take it the Local Council take the action here?

Nusiance and Dangerous carrry larger fines - but who gets the full 800? And I assume these get done by the Garda?

Victor

Sully wrote: »

But what does a slap of the wrist contain? How much of a fine? I take it the Local Council take the action here?

I think in Dun Laoghaire the judge was handing out fines of €100-150.

Nusiance and Dangerous carrry larger fines - but who gets the full 800? And I assume these get done by the Garda?

Yes, by the Garda. It will be down to the facts of the case, the judge, previous offences, remorse shown, etc. The same technical offence in different circumstances might attract wildly varying fines.

Our man in Havana

Max fine for illegal parking is €190 ie 10 times the ticket amount. Each local council sets the charges in its byelaws. It someone doesn't pay they will get taken to the district court and the typical fines used to be €80 to €100, €190 max for the most heinous offenders (causing obstruction, parking in disabled zones etc). Normally a period of jail time is set if the offender does not want to pay the fine.

€800 is for failure to display a valid tax disc. Section 73 Finance Act 1976, actionable by local councils and Gardaí.

Sully

Bond-007 wrote: »

Max fine for illegal parking is €190 ie 10 times the ticket amount. Each local council sets the charges in its byelaws. It someone doesn't pay they will get taken to the district court and the typical fines used to be €80 to €100, €190 max for the most heinous offenders (causing obstruction, parking in disabled zones etc). Normally a period of jail time is set if the offender does not want to pay the fine.

Where can I find the byelaws online? So affectively, you get away with the same fine if you pay after 28 days where it doubles? Bit odd no?

€800 is for failure to display a valid tax disc. Section 73 Finance Act 1976, actionable by local councils and Gardaí.

Weird. Galway City Council are claiming the opposite..

If payment is not received within the 56 day period, court proceedings will be initiated and payment of the fixed charge cannot be accepted thereafter. Summary conviction in a court for Failure to Pay a Fixed Charge Notice can incur a charge up to €800 and costs.

Source: http://www.galwaycity.ie/AllServices/RoadsandTraffic/ParkingintheCity/ParkingFines/

445279.ie

The average fine is €100 and if it's a traffic warden fine rather than a Garda fine you may be hit with costs of about €50.

If you appear in court the fine will probably be less.

Victor

Bond-007 wrote: »

Max fine for illegal parking is €190 ie 10 times the ticket amount. Each local council sets the charges in its byelaws.

I think the new fine is €40. http://www.drivinginfo.ie/list-penalty-points-ireland.php#2

The Dublin City Council Bye-Laws merely specify what is an offence, not the fine scale. http://www.dublincity.ie/Images/Parking%20Bye-Laws%202007_tcm35-54641.pdf

Note: Parking in a dangerous position = Mandatory Court Appearance = 5 Penalty Points on Court Conviction http://www.penaltypoints.ie/mandatory_court_appearance.php

Sully

Its interesting to note they dont tell you specifics, I assume they prefer not to disclose such info?

Our man in Havana

I can't see any reason for them not to disclose.

johnnyskeleton

Sully wrote: »

I assume there are no penalty points attached with parking illegaly and there is no possible jail term?

For the most serious offences, i.e. where it is actually dangerous parking (like on a sharp blind corner) there is a prison sentence of 1-3 months. I can't imagine that this section is trotted out that often though:

Section 55 (as amended).

Parking vehicle in dangerous position
(1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.


The max sentences are:
First offence which was committed during the light up hours, or any subsequent offence €1500 & 3 months.

Otherwise, €800 & 1 month.

Victor

johnnyskeleton wrote: »

The max sentences are:
First offence which was committed during the light up hours, or any subsequent offence €1500 & 3 months.

Otherwise, €800 & 1 month.

Do you have that he wrong way around?

johnnyskeleton

Victor wrote: »

Do you have that he wrong way around?

Section 55 RTA 1961:

RTA 1961 wrote:

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction—

[GA] ( a ) in the case of—

[GA] (i) a first offence where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11 of this Act) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or

[GA] (ii) a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment, and

[GA] ( b ) in any other case-to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment.

On closer inspection, the rta 2006 has changed the fines to €2000 & €1000 respectively. My bad (but also, damn Irish statutebook).

Sully

Has anyone heard of such a case being taken? Though, iv seen stupid parking but not really dangerous - as in, on a main road. Iv seen cars parked on bad bends in an estate, but thats totaly different I assume

Our man in Havana

I know of one case where an old man was charged with dangerous parking where it resulted in a serious accident. He was fined €500.