Challenging a fixed penalty notice.

SeanW

Hi everyone;

Yesterday, my mother got a "Fixed Penalty Notice" from the boys in blue, for allegedly having parked in a bus bay on Castle St in Mullingar.

She is absolutely certain that she did not park there, although she told me its possible that she pulled in momentarily, though she has no specific memory of doing so. I therefore tend to think this penalty should be examined more carefully.

What are the options for challenging such a notice? Can you request evidence, (such as a photograph) etc?

Ham'nd'egger

SeanW wrote: »

Hi everyone;

Yesterday, my mother got a "Fixed Penalty Notice" from the boys in blue, for allegedly having parked in a bus bay on Castle St in Mullingar.

She is absolutely certain that she did not park there, although she told me its possible that she pulled in momentarily, though she has no specific memory of doing so. I therefore tend to think this penalty should be examined more carefully.

What are the options for challenging such a notice? Can you request evidence, (such as a photograph) etc?

Your option here probably is not to pay the notice within the time allowed on it and to deal with the prosecuting Garda face to face ASAP over the matter, hopefully before a summons is issued for a court date. If it goes to court, she will have to be present to defend and plead her case which may require a solicitor on her side which will cost more in the long run. Either way, she needs to be absolutely certain of her facts before she does this and to have any mitigating circumstances in her favour ready; with proof if need be.

As an aside, if she pulled over and wasn't in the car then this would class as parked; remember the Garda won't know any mitigating circumstance until told otherwise.

BrianD

Did she receive it by post or was it attached to the windscreen?

Given that a Garda would have to approach the car to record the details and would probably have had a quick peek at the tax and insurance its likely that he/she was at the location for some time and if they state that it was in a bus bay then they are probably right. The Garda would have been standing at the car. Your mother has also validated that she may have been "momentarily" there - how long is momentarily?

Her best advice would be to pay the penalty and get on with life.

SeanW

Got the notice by post.

She is absolutley certain that she did not park anywhere on that street. The only possibility she can think of is that she might have pulled over on the street to rearrange something inside the car. She doesn't specifically remember doing this, rationalising it instead as the only possible explanation.

I read some years ago an article in a U.K. magazine that parking enforcers work to a quota and sometimes slap frivolous fines on people to make up the numbers. I'm wondering if that's what happened here.
Edit: I found the article here. Check out "Day 8"

I would also have expected that there be some kind of evidence taken, such as a photograph that the accused can review.

PCPhoto

SeanW wrote: »

Hi everyone;

Yesterday, my mother got a "Fixed Penalty Notice" from the boys in blue, for allegedly having parked in a bus bay on Castle St in Mullingar.

She is absolutely certain that she did not park there, although she told me its possible that she pulled in momentarily, though she has no specific memory of doing so. I therefore tend to think this penalty should be examined more carefully.

What are the options for challenging such a notice? Can you request evidence, (such as a photograph) etc?

so she might have committed an offence but cant remember ???

SeanW wrote: »

Got the notice by post.

She is absolutley certain that she did not park anywhere on that street. The only possibility she can think of is that she might have pulled over on the street to rearrange something in the car. She doesn't specifically remember doing this, rationalising it instead as the only possible explanation.

I read some years ago an article in a U.K. magazine that parking enforcers work to a quota and sometimes slap frivolous fines on people to make up the numbers. I'm wondering if that's what happened here.

I would also have expected that there be some kind of evidence taken, such as a photograph that the accused can review.

so she might have done it ... she might not ..... if she refuses to pay she faces a court appearance - which basically means she has to take a morning off work, appear before a judge and give her version of the story, the gardai will give their version and the judge will decide ...if on the balance of probabilities one side is telling the truth and the other telling lies or if the judge doesnt know who to believe he will dismiss the charge.

its a lot of effort to prove innocence - ask yer mum if she regularly pulls into "Bus Bay's" to do stuff ? .... its more than likely that there would have been two(2) gardai on the beat so it will be her "unclear" memory against two members of the gardai - with their notes of the event....sounds like she'd be better off paying it...and learning her lesson - (make sure you have an alibi for everything)

As for the remark about the "Quota's" .... tut tut tut !!!

BrianD

SeanW wrote: »

Got the notice by post.

She is absolutley certain that she did not park anywhere on that street. The only possibility she can think of is that she might have pulled over on the street to rearrange something inside the car. She doesn't specifically remember doing this, rationalising it instead as the only possible explanation.

I read some years ago an article in a U.K. magazine that parking enforcers work to a quota and sometimes slap frivolous fines on people to make up the numbers. I'm wondering if that's what happened here.
Edit: I found the article here. Check out "Day 8"

I would also have expected that there be some kind of evidence taken, such as a photograph that the accused can review.

I don't know if Mullingar has traffic wardens but it's pretty unusual to see Gardai issuing parking tickets these days. I see them very occasionally on North Wall Quay doing this and they do work in pairs and having a good goo for tax and insurance. Writing up a ticket takes a few minutes so they would have been looking at the car for a while.

What you are now suggesting that they made it up. Even if they working to quotas they can't just make it up - what tends to happen is that there is a no mercy enforcement of the rules.

How much is the fine?

SeanW

BrianD wrote: »

I don't know if Mullingar has traffic wardens but it's pretty unusual to see Gardai issuing parking tickets these days. I see them very occasionally on North Wall Quay doing this and they do work in pairs and having a good goo for tax and insurance. Writing up a ticket takes a few minutes so they would have been looking at the car for a while.

What you are now suggesting that they made it up. Even if they working to quotas they can't just make it up - what tends to happen is that there is a no mercy enforcement of the rules.

How much is the fine?

€40. Not sure if there's Points involved.

Victor

SeanW wrote: »

Yesterday, my mother got a "Fixed Penalty Notice" from the boys in blue, for allegedly having parked in a bus bay on Castle St in Mullingar.

Surely she should know if she did this or not?

If she isn't sure, it indicates a certain level of obliviousness, which might be consistent with having parked there.

corktina

if she is adamant she didnt do it, she should go to court and plead her case,irrespactive of the cost. The trouble is she sounds a little vague about it and has little chance of success IMO

BrianD

There are no penalty points for this offence. I would suggest that somebody should only go to court if they are definite and your posting indicates that at best your mother has no "specific memory" of it. Given the cost in time and the cost of legal representation, is it worth it for a 40 euro fine? Sure if she wins she'll get the costs but not the time or the stress of making a court appearance.

I'm not sure what the protocol is when you have been issued a penalty notice. It should have a Garda's name on it. Are ou allowed to discuss matters with this Garda?

Capt'n Midnight

if its only €40 take the hit

there is a tiny chance local businesses might have the event on CCTV
but if it's only €40 I don't think it's worth the hassle

Bud Brando

Hello Seán, I'm sure by now this matter has passed but my advice to you for future reference whether or not your mother was sure or unsure,if it is for the sake of paying a paltry fine of forty euro,pay the fine and tell your mother to keep her eyes open to the people who have a dirty job but who are in most cases happy to do it! You and your mother will find that society by 'n' large is uncompromising as I have learned from personal experience. I wish you and your mother well.

rubberdiddies

I live in dublin and a few years ago was sent a fine in the post from Henry street Garda station in Limerick telling me that my car was parked in a disabled bay somewhere in Limerick on a specific date.

Problem was neither me nor my car had ever been in Limerick before.
Over the phone they sorted it out by basically saying something along the lines of "oh they might have got a number wrong in the reg". I did follow up with a letter though to be sure.

My point is that mistakes can be made in taking down a registration number.
They really should accompany all fines with a photograph as proof.

BrianD

An admin mistake can always happen but the OP has indicated that the car was at the location even if only 'mometarily'.