Am I right or wrong

Spades

Today I received a fixed charge offence from the Gardai for parking on double yellow lines and proceeded to get very annoyed.

Before I tell the full story, its best to point out now I drive a Berlingo van with commercial tax.

Anyway in arrives the fine for the ALLEGED OFFENCE on the 20/05/08 and couldn’t figure out why I had got it as I always park in loading bays for commercial vehicles. I also didn’t get a ticket on the windscreen for that date to say I was illegally parked. Later this afternoon as I was passing the area where it happened and took a look to make sure that it was a loading and of course it was and full of vans, trucks etc, and this is where it gets confusing.

Yes, it is a loading bay that was put there officially but the lads who painted the box on the road never bothered there asre removing the existing double yellow lines that existed on the road leaving them inside the marked loading bay area which by the way is marked with the big word loading bay.

Went to the Garda station and explained the situation, he scratched his head and said to ring the number on the fine. I rang them and was told to e-mail them.

I have done this but have a funny feeling that I will be going around in circles for a while.

Question is, Am I in the right or am I wrong and secondly, why didn’t the Garda spot that it was a loading bay.


Have you any similar story’s to share?

Anan1

Take a pic, if they won't retract the fine you can show it to the judge.

Tails142

Yeah take a pic before the council gets a call and goes out and changes it.

They are notorious for changing things late at night to save getting egg on their face, such as replacing bollards that had no hi vis markings AFTER someone has written off their car on them, etc etc

Spades

Already done and on mobile;)

T-Maxx

You know what? I didn't even bother reading past the first sentence.

You really answered your own question...:rolleyes:

Wishbone Ash

1. Did it mention exceeding the time limit?

2. Were you actively loading/unloading?

landydef

dont mean to hijack this but what are the rules regarding loading bays and commercial vehicles? do you have to be actively loading or are you allowed 15 minutes or something?

Anan1

T-Maxx wrote: »

You know what? I didn't even bother reading past the first sentence.

You really answered your own question...:rolleyes:

Great, an answer from someone who hasn't bothered to read the question. I'll be sure to pay particular attention to that.

Henry Ford III

How long were you parked there?

Run_to_da_hills

Wishbone Ash wrote: »

1. Did it mention exceeding the time limit?

2. Were you actively loading/unloading?

Shouldn't make a difference whether he was loading or not as long as he was parked between the 1/2 hour limit. I drive a transit and regularly use these bays, one could be sorting out paperwork in an office for 15 mins while the van is sitting idle out side.

stratos

I have sen people remove parking tickets from a parked car and put it under their own wiper. It would seem to a common practice. Maybe thats where your ticket went.

Wishbone Ash

Run_to_da_hills wrote: »

Shouldn't make a difference whether he was loading or not as long as he was parked between the 1/2 hour limit. I drive a transit and regularly use these bays, one could be sorting out paperwork in an office for 15 mins while the van is sitting idle out side.

They may allow a little lee way for paperwork but you have to be loading/unloading. It's to prevent lads in vans parking up and going for their breakfast.

wet-paint

It doesn't really matter though, as the offence he was charged with was parkign on the lines, not exceeding the limit.

paddydriver

stratos wrote: »

I have sen people remove parking tickets from a parked car and put it under their own wiper. It would seem to a common practice. Maybe thats where your ticket went.

Was chatting with my local Garda station recently regarding a tosser that had parked his range rover across the whole path and stopped us getting past with two prams - and he explained that they don't put tickets on the windscreen anymore and that now the person just get's the fine in the post and it is all done "electronically". He preferred the old way as it does not have the same impact getting it in the post - basically he likes to see the look on their face when they get back to the car:D

landydef

paddydriver wrote: »

Was chatting with my local Garda station recently regarding a tosser that had parked his range rover across the whole path and stopped us getting past with two prams - and he explained that they don't put tickets on the windscreen anymore and that now the person just get's the fine in the post and it is all done "electronically". He preferred the old way as it does not have the same impact getting it in the post - basically he likes to see the look on their face when they get back to the car:D

i got one on the windscreen recently after overstaying the time that parking was permitted there, it was a small square piece of garda headed paper with multichoice boxes on it for the garda to pick the offence
it was on dawson street in dublin, havent heard anything yet, fingers crossed

cormie

If the offence is parked on Double Yellows then it sounds like you have a good chance of appeal. Where abouts is the area anyway? I had to park blocking a path and on double yellows today myself while loading the van. A private car was taking up the loading bay :rolleyes:

Bee

paddydriver wrote: »

Was chatting with my local Garda station recently regarding a tosser that had parked his range rover across the whole path and stopped us getting past with two prams - and he explained that they don't put tickets on the windscreen anymore and that now the person just get's the fine in the post and it is all done "electronically". He preferred the old way as it does not have the same impact getting it in the post - basically he likes to see the look on their face when they get back to the car:D

Actually, the last time I was talking to a Tosser, it stopped me in a bus lane...the Tosser had failed to notice that I was driving in the bus lane outside of the anti - private cars hours, assumed I was in the wrong due to the Pavlovian response of other motorists who were avoiding it...the Tosser looked like a complete idiot when I pointed out the nearby sign:D:D:D

Bee:rolleyes:

T-Maxx

Anan1 wrote: »

Great, an answer from someone who hasn't bothered to read the question. I'll be sure to pay particular attention to that.

Question: "Am I right or wrong?"

Clue (in 1st sentence): "Today I received a fixed charge offence from the Gardai for parking on double yellow lines and proceeded to get very annoyed."

Answer: WRONG

Yes, you should pay more attention.:rolleyes:

Hobart

T-Maxx wrote: »

Question: "Am I right or wrong?"

Clue (in 1st sentence): "Today I received a fixed charge offence from the Gardai for parking on double yellow lines and proceeded to get very annoyed."

Answer: WRONG

Yes, you should pay more attention.:rolleyes:

Read the full post. The Op is claiming that the lines are there in error. Here's a few smileys for your collection..:eek::rolleyes::pac::mad:

robbie99

I once got a parking ticket for parking on the Quays. It was a Sunday in the run up to Christmas so all the fresh recruits would have let loose in the bigsmoke for operation freeflow. No bother. Wrote a letter to the fixed penalty office - address on the back of the ticket - stating that "I received a received penalty notice number whatever for offence parking/driving in Bus Lane on Sunday December whenever at whatever time. I intend to appeal the fixed penalty notice as the hours of operation for the buslane are Mon-Sat whatever times. Yours sincerly, etc." Got a letter back a few days later saying that the matter had been sent on to the superintendant and that I'd hear back again later. That was two years ago and I haven't heard anything since. I'd write a similiar letter again pointing out out that it was actually a loading bay for the times you were parked there.

T-Maxx

Hobart wrote: »

Read the full post. The Op is claiming that the lines are there in error. Here's a few smileys for your collection..:eek::rolleyes::pac::mad:

Doesn't matter what he claims - the lines are there, he parked on it which he shouldn't have done, so he's still WRONG.

BTW I don't collect smileys, so you can have them all to yourself.:cool:

Hobart

T-Maxx wrote: »

Doesn't matter what he claims - the lines are there, he parked on it which he shouldn't have done, so he's still WRONG.

BTW I don't collect smileys, so you can have them all to yourself.:cool:

You are incorrect, if the lines where there in error, he is correct. Stop with your pathetic barstool law.

ojewriej

Spades wrote: »

Went to the Garda station and explained the situation, he scratched his head and said to ring the number on the fine. I rang them and was told to e-mail them.

I have done this but have a funny feeling that I will be going around in circles for a while.

Have you any similar story’s to share?

I don't know whether you are right or wrong, but having succesfully appealed two tickets recently, I have a little piece of advice for you:

Don't bother with the FPO, they can't do anything for you. Only person who can cancel the ticket is the superintendent of the station where the Guard who issued a ticket works. So write to the sup as soon as possible, because once it's over the deadline you have to pay (28 + 56 days IIRC) the ticket can't be cancelled by anyone, it has to go to court.

T-Maxx

Hobart wrote: »

You are incorrect, if the lines where there in error, he is correct. Stop with your pathetic barstool law.

Alright, I read the post. I think the OP should have worded the title and opening sentence differently, but:

Getting double yellow lines and loading areas applied involves a statutory process.

So, either the required statutory process was not followed, meaning that the enforcement thereof can not legally stand up (either way), or, the correct procedure was followed in which case the linemarkings would be applied incorrectly.

You'd have to get hold of all the documentation in this case (application, approval, maps, etc) to determine if you have a leg to stand on.

Happy enough now Mr Senior Barrister?:rolleyes:

r3nu4l

T-Maxx wrote: »

Alright, I read the post. I think the OP should have worded the title and opening sentence differently, but:

Getting double yellow lines and loading areas applied involves a statutory process.

So, either the required statutory process was not followed, meaning that the enforcement thereof can not legally stand up (either way), or, the correct procedure was followed in which case the linemarkings would be applied incorrectly.

You'd have to get hold of all the documentation in this case (application, approval, maps, etc) to determine if you have a leg to stand on.

This information should have been in your first post, at least this helps the guy, unlike your initial post in the thread.

Good call too but most judges would be likely to throw the case out of court with a stern warning to the local authority to get their act together if the authority admit that they put the loading bay there and also left the yellow lines in place.

Fey!

Contact your the "Transport and Infrastructure" engineer in the local authority asking for clarification of the proper markings on that piece of street as per the date of the alleged offence. You will have to do this in writing, but at least if things go further you'll have official clarification, rather than relying on just the markings on the road.

Cormie; some local authorites allow private vehicles 10 minutes in lading bays in order to facilitate business' which are too small to run a commercial vehicle but which still need to load and unload stock to and from their premises. Regardless, if you were parked across the path, then you're at fault anyway. And if you fumed at the private vehicle driver, you may still have been in the wrong, depending on the local by-laws.

cormie

I'm guessing it's a million times more likely that the yellow lines were there first rather than them coming and saying, "hey that shouldn't be a loading bay, let's put yellow lines there" :pac:

Surely it's worth an appeal anyway! I've won an appeal before myself through writing in, but that was issued by a traffic warden and not a Garda!

ScumLord

landydef wrote: »

i got one on the windscreen recently after overstaying the time that parking was permitted there, it was a small square piece of garda headed paper with multichoice boxes on it for the garda to pick the offence

What where the options? Something like, traffic offence, asault, murder, littering, terrorisim??

Esel

ScumLord wrote: »

What where the options? Something like, traffic offence, asault, murder, littering, terrorisim??

Murdering the English language, maybe?

cormie

Fey! wrote: »

Cormie; some local authorites allow private vehicles 10 minutes in lading bays in order to facilitate business' which are too small to run a commercial vehicle but which still need to load and unload stock to and from their premises. Regardless, if you were parked across the path, then you're at fault anyway. And if you fumed at the private vehicle driver, you may still have been in the wrong, depending on the local by-laws.

Only saw this now. Ah yeah I know I was in the wrong (in the eyes of the law), but it was either park where I parked, or park a million miles away and bring the contents of the apartment I was moving through pedestrians and side streets etc etc. Neither van nor private car in the loading bay were "actively loading" in the 30 or so minutes I was there.

Wishbone Ash

esel wrote: »

Murdering the English language, maybe?

LOL Post of the day!