Traffic wardens

jungone

Hi, I am wondering if any one can answer my question. How is it possible for a traffic warden to bring you to court for a parking fine? Someone recently told me that most towns have employed management companies such as Parkrite to deal with their parking etc. but that only a certain amount of the wardens can legally prosecute you for motoring offences. is this the case? I think he said an employee of such companies has to go infornt of judge to be officially deemed able to/emdorsed to prosecute. Apparently most town councils use these companies and when a fine is issued most pay it thus they collect revenue but if the fine is not paid it is unlikely they go to court.

hubabuba

jungone wrote: »

Hi, I am wondering if any one can answer my question. How is it possible for a traffic warden to bring you to court for a parking fine? Someone recently told me that most towns have employed management companies such as Parkrite to deal with their parking etc. but that only a certain amount of the wardens can legally prosecute you for motoring offences. is this the case? I think he said an employee of such companies has to go infornt of judge to be officially deemed able to/emdorsed to prosecute. Apparently most town councils use these companies and when a fine is issued most pay it thus they collect revenue but if the fine is not paid it is unlikely they go to court.

the local traffic warden where i am is employed by the local county council,
i know he spends a good bit of time poping in and out of court.
its no big deal, if the evidence is there then i guess why wouldnt they take someone who wont pay to court

i cant imagine they are not just going chase a parking fine becuase they are
too afraid to go to court. if that was the case then no one would pay them!

Our man in Havana

As a former traffic warden I can tell you that you have to be authourised under the Traffic Wardens Act 1975 to issue penalty notices. All council wardens are authourised to prosecute offenders. I doubt a council would use a private company. Tesco and Lidl etc might use private companies but these notices would be unenforceable.

hubabuba

Bond-007 wrote: »

As a former traffic warden I can tell you that you have to be authourised under the Traffic Wardens Act 1975 to issue penalty notices. All council wardens are authourised to prosecute offenders. I doubt a council would use a private company. Tesco and Lidl etc might use private companies but these notices would be unenforceable.

so are you saying that if you park in for example one of those euro carparks
and go off to do your shopping without paying the parking fee,
then if you get a ticket that there is now way they can force you to pay it?

Our man in Havana

Pretty much.

Carawaystick

Isn't that why private carparks clamp you - you need to pay (or remove the clamp) a lot closer to the parking incident...

Our man in Havana

Exactly.

Blanchguy

Some towns employ private wardens for on street - Parkrite in Ardee, Apcoa in Dun Laoghaire Rathdown and there are others. I know that Parkrite wardens definitely go to court. I don't know if they all do but I imagine that the warden that give out the ticket has to stand up in court.

McCrack

Bond-007 wrote: »

As a former traffic warden I can tell you that you have to be authourised under the Traffic Wardens Act 1975 to issue penalty notices. All council wardens are authourised to prosecute offenders. I doubt a council would use a private company. Tesco and Lidl etc might use private companies but these notices would be unenforceable.

:eek:

jungone

the reason why I am asking this is because the guy who told me this is a guard and he said it is something the general public are not aware of. He said in most cases when a private company such as Parkrite is employed by a town council they are not authorised to bring you to court. So happy days if they give you a ticket, I think, I hope!!

Our man in Havana

It will depend on where they operate in the town. Are these guys confined to car parks or do they do on street parking?

jungone

These guys are Parkrite and are on the streets and public car parks. I would like to add I do not have any traffic offences against me. I am just enquiring as I was told about this situation recently. apparently there is only a small percentage of these traffic wardens in these private companies are sanctioned to go to court.

Our man in Havana

If they are working for a council I would think they are all authourised under the 1975 act.
I have never heard of such an arrangement before. With council is it? I am curious.

jungone

Wicklow Town council. The company they use is parkrite. Tbh, I have never heard of anyone being brought to court for non payment and I reckon the information the guard gave me is correct. he actually said if i do get aticket for whatever to ask if they were sanctioned or something similar officially sounding. Can not remember the exact phrase.

holyjoe

jungone wrote: »

Wicklow Town council. The company they use is parkrite. Tbh, I have never heard of anyone being brought to court for non payment and I reckon the information the guard gave me is correct. he actually said if i do get aticket for whatever to ask if they were sanctioned or something similar officially sounding. Can not remember the exact phrase.

Is it not true that once you park in one of those private car parks then you
are agreeing/entering a contract with them. (provided there is signs in place all around the car park making you aware this is a private car park and lists the parking rules).

While they canot enfore a parking ticket like an 'offical traffic warden' can, they can still do you for breach of contract under common law.
Is this not true?

jungone

Actually, I am not refering to private car parks. I mean parking outside of designated parking zones on public roads etc.

Our man in Havana

Proving the breach of contract is very tough on the issuer of the notice. They would have to prove the driver did see the signs and agreed to the terms of the contract. Any contract would be between the landowner and the driver. The Registered keeper would not be a party to the contract. Also they could only claim for actual losses as opposed to some sum plucked from the air. With free car parks the amount of loss is nil.

Victor

Blanchguy wrote: »

Some towns employ private wardens for on street - Parkrite in Ardee, Apcoa in Dun Laoghaire Rathdown and there are others. I know that Parkrite wardens definitely go to court. I don't know if they all do but I imagine that the warden that give out the ticket has to stand up in court.

These are "authorised officers" under the local parking bye-laws.

Victor

Bond-007 wrote: »

They would have to prove the driver did see the signs and agreed to the terms of the contract.

No, typically courts will also consider behaviour. You can't eat in a restaurant and then decide to not pay because you didn't see the menu.

Also they could only claim for actual losses as opposed to some sum plucked from the air. With free car parks the amount of loss is nil.

Free is theft. Someone is paying to have the car park there. If someone is hogging a parking space, without using the associated facility, then there is a loss.

portumna

I'm sorry to be the bearer of bad news but you can be prosecuted for not paying a fine. You have 28 to pay a fine after which time it increases by 50% and a further 28 to pay the increased fine. After this time legal proceediings will be started and you will be brought to court by Parkrite with the warden who issued the ticket giving evidence against you. Don't know wat the fine are in court but i'm sure you be lucky to see change from €500 what with court costs etc. I know 1 of the wardens in Celbridge and he's in court today with 13 cases.

Our man in Havana

€500 is way way off the mark. €100 fine and €50 costs would be typical.

Are these summonses under the 1975 act or on a contractual basis?

portumna

Was a bit off there alright. A little research showed fines ranging from €80-€300 allbeit down in Gorey but i'm sure they don't differ hugely from that.

http://www.goreyguardian.ie/news/series-of-fines-handed-down-for-parking-offences-1755452.html

shionnach

even if the company is someone like parkrite they are hired by the council and you can still be taken to court, it is the council that takes you to court and not the actual warden, but it is in the wardens contract that they must appear in court to give the evidence,

i have seen people been fined 40 - 350 on rare occasions more for every parking offence they have commited, and if you have a build up of fines the judge can give you a driving ban, i have also seen one judge issuing driving bans to people for parking in a disabled bay,

and as for not seeing parking signs, as a driver you should be seeing all signs, anyone can go and sit in the court house, it can make for a very interesting different thing to do on a day off, bring a cushion for your bum