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Accused of not paying parking fine

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  • 07-11-2009 4:22pm
    #1
    Matt Bauer
    Registered Users Posts: 628 ✭✭✭


    Not sure if this is the right forum.

    I got a registered letter from the DPP saying that I am to be accused of not paying a parking fine in Cork city centre. The thing is, I never received any letter before, nor was there a ticket on the car.

    I did once get a parking fine before (I had popped into Argos to pick up a heavy item, and had no parking discs left, I know that's not an excuse), but in that case there was a ticket attached to my vehicle, and I received a letter shortly afterwards. I paid it within a day; not going to dispute 40 euro.

    Any advice, should I try and write the DPP about this, or just bite the bullet and drive the 8 hour round trip to go to court as I don't live in Cork.


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    #2
    Anan1
    Registered Users Posts: 22,818 ✭✭✭✭Anan1


    I don't think you'll be able to get out of a court appearance at this stage. You could, however, get a friend/relative to appear on your behalf, i've done this a few times and the result was the same as if the person named on the summons had turned up - ie somewhere between a slap on the wrist and a €100 fine.


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    #3
    Matt Bauer
    Registered Users Posts: 628 ✭✭✭Matt Bauer


    So a waste of time to even try? Like I said I never received any letter in connection with this, so I never had a chance to pay for the ticket. There was no ticket attached to my vehicle either, so I had no indication that anything was wrong until I got the registered letter. I can prove that the only other time I received a ticket/fine, I paid within a day (in that case, I did get a letter as well as a ticket on my vehicle).

    If I had, I'd have paid straight away and sorted it out. No point having something like this hanging over your head, especially not when you're talking about 40 euro.


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    #4
    CharlieCroker
    Registered Users Posts: 8,451 ✭✭✭CharlieCroker


    If you have recieved a summons to go to court, then you go to court!!
    It's not a request, and failure to do so is an offence.

    As for the fine, contact the issuing authority and see if they sent it by registered post. If they did, they should have a signiture.
    If not, you need to bring everone who has access to your post at home into court on the day to swear under oath that they never recieved the letter on your behalf.


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    #5
    Mr. Presentable
    Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    If you've got a court summons there's no way out without a court appearance - which can be a representative. Not to cast an aspersion, just an observation, the courts hear "I never got the fine in the post" all day every day.


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    #6
    Matt Bauer
    Registered Users Posts: 628 ✭✭✭Matt Bauer


    Of course I will show up in court, even if it means driving for 8 hours and shortening an overseas trip. I've my own letterbox so I'm the only person who has access to my post.

    I was just hoping it might be worth explaining to the DPP and getting this resolved without going to court. Like I said, the only time I did receive a letter, which wasn't sent by registered post by the way, I paid the next day.


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    #7
    JHMEG
    Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    It's a parking fine, not a murder trial. You'll get the same fine whether you go or not. And as you can't prove anything turning up is going to be academic.


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    #8
    Anan1
    Registered Users Posts: 22,818 ✭✭✭✭Anan1


    JHMEG wrote: »
    It's a parking fine, not a murder trial. You'll get the same fine whether you go or not. And as you can't prove anything turning up is going to be academic.
    On any occasion when i've been in court parking fines have been roughly double what they would have been if the person didn't show up.


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    #9
    jeckle
    Closed Accounts Posts: 652 ✭✭✭jeckle


    Were you in Cork city centre on the date of the offence, or can you remember?


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    #10
    Matt Bauer
    Registered Users Posts: 628 ✭✭✭Matt Bauer


    jeckle wrote: »
    Were you in Cork city centre on the date of the offence, or can you remember?

    I am pretty sure I was in Cork around that time for a few days, as I had a flight to catch from Cork airport around that time so was staying with friends. Why do you ask, do you think it's strange I didn't get a ticket attached to my car or anything? I suppose someone could have taken it.


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    #11
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    The wardens in Cork don't put tickets on cars anymore - you just get the letter in the post. I found this out to my detriment a few years ago when I lived in Cork. The parking laws had changed around my house, but I didn't know and didn't realise until I received 5 parking fines in the post for consecutive days!

    Contact Cork City Council and ask for details of the ticket - just so you know what the offence was. That will help to clarify the situation.

    Secondly, have you received an actual court date yet? If not, you once you get the details you may be able to sort it out before a court date is set.


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    #12
    Matt Bauer
    Registered Users Posts: 628 ✭✭✭Matt Bauer


    dudara, thanks for the advice, I will get in touch with Cork City Council on Monday and ask. I've re-read the more letter, and the date it gives is the date an application was made, not the date of the alleged offense. Alas it already includes a court date.


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    #13
    JHMEG
    Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    Anan1 wrote: »
    On any occasion when i've been in court parking fines have been roughly double what they would have been if the person didn't show up.

    I went, got €100 fine. My wife didn't go, got €100 fine.


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    #14
    [Deleted User]
    Posts: 50,630 ✭✭✭✭ [Deleted User]


    JHMEG wrote: »
    I went, got €100 fine. My wife didn't go, got €100 fine.

    I would agree with Anan1 here too. Depends on the judge. I went and actually got off as the summons was incorrect but anyone who was there got a €75 fine and anyone who wasn't got €150.


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    #15
    Matt Bauer
    Registered Users Posts: 628 ✭✭✭Matt Bauer


    Deleted User wrote: »
    I would agree with Anan1 here too. Depends on the judge. I went and actually got off as the summons was incorrect but anyone who was there got a €75 fine and anyone who wasn't got €150.

    Just asking out of curiosity, but can you say why your summons was incorrect?


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    #16
    JHMEG
    Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    Deleted User wrote: »
    Depends on the judge.
    That's absolutely the case. Nothing is for definite.


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    #17
    [Deleted User]
    Posts: 50,630 ✭✭✭✭ [Deleted User]


    Matt Bauer wrote: »
    Just asking out of curiosity, but can you say why your summons was incorrect?

    Hey, sorry for the late reply!

    Yes, the summons stated that I was parked in a pay and display area with a ticket that had expired. The traffic warden who issued the ticket stated I did not have a ticket at all (which was true) so it was struck off. There were tens of others the same that day.


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