Parking fine

Shewhomustbe...

Hi,

is it possible to receive a two Garda parking fines on the same day?
The car was in the same place (the wrong one!), never moved between each fine being done.

biko

It is possible, just because you got one early doesn't make you immune the rest of the day. Bring both with you when you pay - sometimes they will let off you off with one.

Our man in Havana

Yes it is.

Where say you parked from 6am to 6pm and the restrictions were from 7am to 10am and again from 4pm to 6pm you would be committing 2 offences. 1 for the morning and 1 for the evening.

Other than that it should just be one continuous offence.

Shewhomustbe...

What happened was my partner parked in a clearway - read the sign wrong - got a ticket about 16.30 and within the hour he got clamped.
We paid the clampers, obviously!, and when the fine came in the door we paid that.
Then last week a Garda called saying there was a summons for an unpaid fine. We had all the paperwork so couldn't understand what it was about. The Garda checked and said that a second fine had been issued on the day in question, which we received nothing for, and nothing to say there was a summons either.
We are worried as by the time it get to court the fine has gone up to 160E.

Big Nasty

Hi,

Ireceived a Solc letter in the post in relation to a parking fine on Aug 25th last. I checked with apcoa.ie and they have pics of the car and the fine on the screen. I do remember the day of the offence as it was my first day in a new job and I didnt know where the staff carpark was. I recall that I parked maybe 60% of the car in a legit parking spot with rest of car on double yellows. I had also paid my parking. Even though they have pics of the ticket on my car it was definitely NOT on the car when I went to move it later that day. Conveniently the pics they have show the rear of the car on the dounble yellows but not that the majority of the car was in a liegit parking space. Have I a leg to stand on here?

Our man in Havana

This sounds like a private road. Was this a supermarket car park?

Tell them to speak to the driver. Any alleged contract is between the driver and the company. Of course you are not obliged to tell them who the driver is.

McCrack

Bond-007 wrote: »

This sounds like a private road. Was this a supermarket car park?

Tell them to speak to the driver. Any alleged contract is between the driver and the company. Of course you are not obliged to tell them who the driver is.

There's a rebuttable presumption in law that the registered owner of a vehicle was the driver at the time of any alleged offence.

Our man in Havana

Indeed for an alleged offence on a public road enforced by a council, but not for private road. It is a civil matter. The law of contract applies.

McCrack

Whats with the bold? I'm not thick and I am able to read words.

Now Bond it seems pretty obvious to me that the situation the OP has described did occur in a public place as did MCMLXXV's situation so really you can shove your patronising "I'm a law student I know it all" remark up you know where.

Big Nasty

McCrack wrote: »

Whats with the bold? I'm not thick and I am able to read words.

Now Bond it seems pretty obvious to me that the situation the OP has described did occur in a public place as did MCMLXXV's situation so really you can shove your patronising "I'm a law student I know it all" remark up you know where.

In relation to my question it was on a public road (industrial estate). I know I was not entirely in the right or anything as some of my car was parked on the double yellows. I'm just annoyed that the majority of the car was in a valid spot, fee was paid and yet no lee-way was shown by the traffic warden. To make matters worse the warden took pics of the car where you can clearly see the car was on double yellows but didn't take any pics of the rest of the car, majority of which wasn't. I think if I had those pic I would have a valid argument in court, in fact I think any reasonable judge would throw it out of court due to the pettiness of it. If I had returned to my car to find the ticket on it I would have taken some pics myself but unfortunately the ticket had mysteriously 'disappeared' when I went to move the car, hence I knew nothing about it until I got the summons in the door. I smell a hint of warden muscle flexing here which really gets my goat! Guess I've got no alternative than to pay up as I have zero proof that I made every effort to park legitimately.

Our man in Havana

Industrial estates are usually private roads.

Who is the enforcement authourity? Is it a council that apcoa are working for? I doubt it.

I don't buy any of this public place bull excrement. As an industrial estate is a private road, the council cannot enforce. apcoa is a private parking company and my previous comments on laws of contract apply.

I certainly would never pay a private company in this situation.

It is time that people stood up to these private companies.

McCrack

MCMLXXV unfortunately the fact that you did not have notice of this fixed penalty charge (whether it blew off the windscreen or whatever) will not be any defence to you in the District Court. As regards the fact that you were a "little bit" illegally parked will also not be any defence to you.

I'm not justifying it or the Wardens mentality (or lack of) but I'm just setting out the legal position to you. If the shoe was on the other foot I would be gumming too.

McCrack

Bond-007 wrote: »

Industrial estates are usually private roads.

Who is the enforcement authourity? Is it a council that apcoa are working for? I doubt it.

I don't buy any of this public place bull excrement. As an industrial estate is a private road, the council cannot enforce. apcoa is a private parking company and my previous comments on laws of contract apply.

I certainly would never pay a private company in this situation.

It is time that people stood up to these private companies.

Wrong.

Our man in Havana

Explain?

Unless the road has been adopted by the council, a council can't enforce. Councils don't issue solicitors letters for parking tickets.

McCrack

Bond-007 wrote: »

Explain?

Unless the road has been adopted by the council, a council can't enforce. Councils don't issue solicitors letters for parking tickets.

I invite MCMLXXV to confirm.

But seriously Bond keep studying those law books.

Big Nasty

I didn't mention that I did get a reminder in the post from some random company shortly before Christmas instructing me to pay the fine or else. I binned the letter as it wasn't from DL Rathdown / Gardai. I'm now guessing it was from apcoa who I had never heard of before I received the solc letter last week. I remember being quite annoyed at the time that a private company could get hold of my contact info but didn't realise that the company worked on behalf of DLR.

McCrack

yes that company does work on behalf of Dun Laoghaire Rathdown Council in collecting fixed penalty charges. I'm guessing this incident occured in the big industrial estate in Dublin 18 which of course is a public place and therefore the rebuttable presumption exists that the registered owner is the driver.

http://www.dlrcoco.ie/PressReleases/ParkingFines.htm

Our man in Havana

That clears that up then.

Public road, council the enforcement authority outsourced to a private company.

I know of many estates that are fully private that use the likes of euro car parks in a private capacity.

I am well aware of the law McCrack. I might see you down on Arran quay some day.

Big Nasty

Long story short then I've zero comeback so now will have to pay a hefty fine - correct?

Our man in Havana

Indeed.

McCrack

[quote=Bond-007;58983151

"I am well aware of the law McCrack. I might see you down on Arran quay some day. "[/quote]

It's Inns Quay Bond and I'll be the first to buy you a drink in that great place on Chancery Place.