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Parking Tickets.....?

  • 30-06-2009 10:44pm
    #1
    colinblacky
    Closed Accounts Posts: 6 ✭


    hi all,

    i was awkwardly parked just this evening outside a cinema along with several other vehicles in the same place. i was greeted at my car by a local security man and a man who said he wasn't able to get his van past. they told me that i had just been issued with 2 fines (one for parking, one for having an out of date insurance disc) by the gardai who had (conveniently for them) just left the minute before.

    anyway, my question is can these fines merely be issued without any notice given to the driver of the car by means of a ticket put on the car?

    I don't believe the 2 lads anyway, i think they're trying to discourage people always parking in that area.

    Thanks


Comments

  • #2
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    Yes they can, and are, The Garda will write the details in a ticket book or note book which are sent off through the post and a week or two later you receive your ticket which can be paid in the post office, there are little yellow notices available for leaving on cars but i've only seen them used once.


  • #3
    sdanseo
    Registered Users, Registered Users 2 Posts: 9,244 ✭✭✭sdanseo


    No insurance is a mandatory court appearance though, I doubt if any Garda would issue a FPN for it without a bit more investigation?


  • #4
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    sdonn wrote: »
    No insurance is a mandatory court appearance though, I doubt if any Garda would issue a FPN for it without a bit more investigation?

    not unless it was checked on pulse, showed to be in date, but still displaying an out of date disc, non display of insurance disc, tick box on the green page


  • #5
    sdanseo
    Registered Users, Registered Users 2 Posts: 9,244 ✭✭✭sdanseo


    foinse wrote: »
    not unless it was checked on pulse, showed to be in date, but still displaying an out of date disc, non display of insurance disc, tick box on the green page

    I was thinking some checking would have to be done allright. Cheers.


  • #6
    the locust
    Closed Accounts Posts: 417 ✭✭the locust


    sdonn wrote: »
    No insurance is a mandatory court appearance though, I doubt if any Garda would issue a FPN for it without a bit more investigation?

    having no insurance would indeed be a court appearance and the guard would have to do checks with insurance company etc and prove the driver had no insurance...
    ...but non display of an insurance disc in the window of a vehicle is a seperate offence and can be dealt with by issuing an FCPS ticket. Insured or not you must have a disc in the window.


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  • #7
    goldie fish
    Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    the locust wrote: »
    having no insurance would indeed be a court appearance and the guard would have to do checks with insurance company etc and prove the driver had no insurance...
    ...but non display of an insurance disc in the window of a vehicle is a seperate offence and can be dealt with by issuing an FCPS ticket. Insured or not you must have a disc in the window.
    I thought the onus was on the driver to prove that he was insured at the time, rather yhan the other way round.


  • #8
    opti76
    Registered Users, Registered Users 2 Posts: 647 ✭✭✭opti76


    the locust wrote: »
    having no insurance would indeed be a court appearance and the guard would have to do checks with insurance company etc and prove the driver had no insurance...
    ...but non display of an insurance disc in the window of a vehicle is a seperate offence and can be dealt with by issuing an FCPS ticket. Insured or not you must have a disc in the window.
    goldies right ... up to the driver to prove he has insurance .. its technically guilty till proven innocent


  • #9
    TheNog
    Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    If a FCPS is issued, what is the fine?


  • #10
    bryanmurr
    Registered Users, Registered Users 2 Posts: 152 ✭✭bryanmurr


    60 lids if i remember correctly. wouldnt be so sure about givin a non intercept for it though. driver could have a cover note etc and not got his disc yet etc. now tax is a different kettle of fish, ur either taxed or ur not.


  • #11
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    Insurance tickets are not provable in court so dont bother issuing them. If members read the legislation, the driver must put up the disc within ten days of authentication of the certificate. This is not the comencement of the insurance, its the date the cert is issued. There is no place on pulse to input authentication date so hense it cannot be proven.


    In regard to insurance its self......EVERYONE is innocent until proven guilty in all point of criminal legislation (civil is a different matter). It is up to us as members of AGS to prove no insurance, hense why the lawful demand to produce cert of insurance or exemption was written into law. Also why you can print out a certificate from PULSE to prove non production. You do not have to ring insurance companies, and there is case law that a lawful demand must be made in order to prosecute for no insurance.

    Im suprised at some members here to be honest.


    *Edit - in relation to bryans post on tax, the FCPS is for non display of tax and so you can give one anytime whether the vehicle has tax or not, once a current road fund licence is not displayed.


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  • #12
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    the locust wrote: »
    having no insurance would indeed be a court appearance and the guard would have to do checks with insurance company etc and prove the driver had no insurance...
    ...but non display of an insurance disc in the window of a vehicle is a seperate offence and can be dealt with by issuing an FCPS ticket. Insured or not you must have a disc in the window.

    Partly wrong....
    goldie fish wrote: »
    I thought the onus was on the driver to prove that he was insured at the time, rather yhan the other way round.

    Wrong....
    opti76 wrote: »
    goldies right ... up to the driver to prove he has insurance .. its technically guilty till proven innocent

    Totally wrong....


  • #13
    opti76
    Registered Users, Registered Users 2 Posts: 647 ✭✭✭opti76


    nice guy always wrote: »
    Partly wrong....



    Wrong....



    Totally wrong....
    ...


    if i go to court judge asks me did he produce i say no judge asks pal have you your insurance cert pal says no but i am insured.. what happens ???

    remand to 2nd date blah blah

    2nd date arrives

    same questions asked same answers given .. what happenes..

    i haven proven that he doesnt have insurance beyond a reasonable doubt ..
    will he be covicted ..??


    edit*
    reading over my statement i can see the confusion of course everyone is innocent till proven guilty.... but it this instance the onus of proof is on the defendant to prove he has insurance


  • #14
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    opti76 wrote: »
    tango rat ...

    Excuse me.....rat????
    opti76 wrote: »
    if i go to court judge asks me did he produce i say no judge asks pal have you your insurance cert pal says no but i am insured.. what happens ???

    remand to 2nd date blah blah

    2nd date arrives

    same questions asked same answers given .. what happenes..

    i haven proven that he doesnt have insurance beyond a reasonable doubt ..
    will he be covicted ..??


    edit*
    reading over my statement i can see the confusion of course everyone is innocent till proven guilty.... but it this instance the onus of proof is on the defendant to prove he has insurance

    No the onus of proof is on the member....the proof is he didnt produce. Your word is the evidence. You have proven the states case beyond all reasonable doubt that he is guilty......this is the basis of Irish law. Do they not teach Law anymore???


    On your last part nobody should be convicted without a certificate of non production signed and stamped by a member, unless it is the members own station where his/her evodence would suffice. (again law......)


  • #15
    opti76
    Registered Users, Registered Users 2 Posts: 647 ✭✭✭opti76


    no point gettin in a mickey measuring contest.


  • #16
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    opti76 wrote: »
    no point gettin in a mickey measuring contest.

    Well I can tell you one thing, mine is bigger (and better) then the whole damn lot of ye! :D


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