Parking in disabled bay question.

Finnbar01

Okay folks, a friend of mine got a fixed penaly fine for parking in a disabled parking bay. He will also have to pay a release fee as the garda towed his car away.

Putting aside what he did was wrong, why did the Garda take his car away? I came across this here and it doesn't state that a car can be seized for illegally parking in a disabled parking bay.

Go to the enforcement section

http://www.transport.ie/upload/general/transport_access_10.htm

So under what act of the road traffic act was the garda acting under?

Hooch

Finnbar01 wrote: »

Okay folks, a friend of mine got a fixed penaly fine for parking in a disabled parking bay. He will also have to pay a release fee as the garda towed his car away.

Putting aside what he did was wrong, why did the Garda take his car away? I came across this here and it doesn't state that a car can be seized for illegally parking in a disabled parking bay.

Go to the enforcement section

http://www.transport.ie/upload/general/transport_access_10.htm

So under what act of the road traffic act was the garda acting under?

Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 - 1991

This gives us and local authorities the power to removed illegally parked vehicles.

Normaly inacted when the vehicle is obstructing the road....it is also used alot for disabled parking as the ticket can be seen as an easy way out.

(by the way I think this is the most ignorant offence in the statute books......its the one offence I have no mercy for)

Finnbar01

nice guy always wrote: »

Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 - 1991

This gives us and local authorities the power to removed illegally parked vehicles.

Normaly inacted when the vehicle is obstructing the road....it is also used alot for disabled parking as the ticket can be seen as an easy way out.

(by the way I think this is the most ignorant offence in the statute books......its the one offence I have no mercy for)

Worst thing about the case is that he is in fact disabled at the moment as he had serious operations done on his back. He'd just forgot to apply for his disabled permit.

Finnbar01

Finnbar01 wrote: »

Okay folks, a friend of mine got a fixed penaly fine for parking in a disabled parking bay. He will also have to pay a release fee as the garda towed his car away.

Putting aside what he did was wrong, why did the Garda take his car away? I came across this here and it doesn't state that a car can be seized for illegally parking in a disabled parking bay.

Go to the enforcement section

http://www.transport.ie/upload/general/transport_access_10.htm

So under what act of the road traffic act was the garda acting under?

Gardai do not tow away vehicles. The local authority does that. And the reason why it would be towed away from a disabled bay is to make room for somebody who genuinely needs the spot. Ofter there is only one spot on a street or even in an area.

And just because he had an operation does not mean that he is disabled and needs to park in these spots. And if he does need it then apply for the permit. I have no sympathy for people caught in these spots. I have heard that judges have banned people who have gone to court after failing to pay the FCPS.

Hooch

foreign wrote: »

Gardai do not tow away vehicles. The local authority does that. And the reason why it would be towed away from a disabled bay is to make room for somebody who genuinely needs the spot. Ofter there is only one spot on a street or even in an area.

And just because he had an operation does not mean that he is disabled and needs to park in these spots. And if he does need it then apply for the permit. I have no sympathy for people caught in these spots. I have heard that judges have banned people who have gone to court after failing to pay the FCPS.

I have had vehicles towed from a disabled bay....but only in the circumstances you discribed. No sympathy.

Finnbar01

foreign wrote: »

Gardai do not tow away vehicles. The local authority does that. And the reason why it would be towed away from a disabled bay is to make room for somebody who genuinely needs the spot. Ofter there is only one spot on a street or even in an area.

And just because he had an operation does not mean that he is disabled and needs to park in these spots. And if he does need it then apply for the permit. I have no sympathy for people caught in these spots. I have heard that judges have banned people who have gone to court after failing to pay the FCPS.

He is disabled and was told to apply for his disabled permit/stcikers. He procastinated. Too bad. I would have thought that when he showed the garda a letter from his doctor and hospital consultant, surely he could have done away with the fixed charge fee? Just a thought.

bravestar

Finnbar01 wrote: »

He is disabled and was told to apply for his disabled permit/stcikers. He procastinated. Too bad. I would have thought that when he showed the garda a letter from his doctor and hospital consultant, surely he could have done away with the fixed charge fee? Just a thought.

Why would you have thought that? I know what I would say to someone if they showed me a letter like that... Its like turning up with that slip of paper that says you passed your driving theory test and trying to say you have a driving licence. That letter is not going to help the disabled person, who bothered to apply for the permit, who's space was taken. Bottom line is, if you are not entitled to park in a disabled bay, then you don't. Anyone who does, deserves exactly what they get.

RMD

bravestar wrote: »

Why would you have thought that? I know what I would say to someone if they showed me a letter like that... Its like turning up with that slip of paper that says you passed your driving theory test and trying to say you have a driving licence. That letter is not going to help the disabled person, who bothered to apply for the permit, who's space was taken. Bottom line is, if you are not entitled to park in a disabled bay, then you don't. Anyone who does, deserves exactly what they get.

By what the OPs saying is he did deserve to park there, only difference is he didn't get around to getting his permit.

Shield

Yeah but the bays aren't for all people who are disabled. The bays are for people who are disabled, who qualify for, and have displayed correctly, an in-date "Parking Card for People with Disabilities" parking permit.

No in-date permit on display = You can't use those bays/parking space.

It's a black and white issue I'm afraid.

Zambia

Think its fair to say the bays are for people with disabled stickers.

Ever see someone use one without a sticker and then "limp" to the supermarket.

msg11

Folks, this needs to be enforced around supermarkets. I work in one and the amount of people I see taking up these spots is unreal.

Can I tell them to move considering I work for the shop which owns the carpark/centre ? It really is a big no no .

Finnbar01

Why would you have thought that? I know what I would say to someone if they showed me a letter like that... Its like turning up with that slip of paper that says you passed your driving theory test and trying to say you have a driving licence. That letter is not going to help the disabled person, who bothered to apply for the permit, who's space was taken. Bottom line is, if you are not entitled to park in a disabled bay, then you don't. Anyone who does, deserves exactly what they get.

The example you gave is not the same. He proved he is disabled but doesn't have the permit. That is his fault for that. He paid over €100+ to have his car released. I thought the garda might have shown a bit of compassion and rescind the fine.

msg11 wrote: »

Folks, this needs to be enforced around supermarkets. I work in one and the amount of people I see taking up these spots is unreal.

Can I tell them to move considering I work for the shop which owns the carpark/centre ? It really is a big no no .

I don't think this would be the job of the local authority nor garda. The management of the shopping centre would have to hire a clamping company and display signs 'clampers in operation' by disabled parking bays.

monkeysox

I remember hearing a story years ago about a fella who printed stickers which said
"These parking spaces are reserved for the physically disabled NOT the mentally disabled"
He used to keep them in his glovebox, not very PC but funny all the same

bravestar

Finnbar01 wrote: »

The example you gave is not the same. He proved he is disabled but doesn't have the permit. That is his fault for that. He paid over €100+ to have his car released. I thought the garda might have shown a bit of compassion and rescind the fine.

Good, I'm glad he had to pay it. My example is the same. My fictional person has proof that he is entitled to apply for a driving permit but he does not yet have one nor has he applied for said permit. Your friend also has proof that he is entitled to apply for a disabled sticker but he has not yet got one nor has he applied for one. Same thing.

Finnbar01

bravestar wrote: »

Good, I'm glad he had to pay it. My example is the same. My fictional person has proof that he is entitled to apply for a driving permit but he does not yet have one nor has he applied for said permit. Your friend also has proof that he is entitled to apply for a disabled sticker but he has not yet got one nor has he applied for one. Same thing.

Ok let's try this scenario. You come across the illegally parked vechile in the disabled bay with no stickers. You call for a tow truck and the car is towed away. You take out your book to write details so you can send a fixed penalty fine. Just as your doing so, the disbaled driver comes around the croner. You can clearly see he has problems walking and needs the support of crutches to get by. He tells you he's after having a serious of back operations and just say you confirm that with his doctor.

A. Do you say, well your car has been seized and you'll have to pay for its release. Too bad you procastinated about getting your disabled permit. I won't give you the fixed penalty fine, though.

Or

B. You're paying for the seizure and the fixed penalty fine.

carmel27

foreign wrote: »

Gardai do not tow away vehicles. The local authority does that. And the reason why it would be towed away from a disabled bay is to make room for somebody who genuinely needs the spot. Ofter there is only one spot on a street or even in an area.

And just because he had an operation does not mean that he is disabled and needs to park in these spots. And if he does need it then apply for the permit. I have no sympathy for people caught in these spots. I have heard that judges have banned people who have gone to court after failing to pay the FCPS.

Thank you foreign. I completely agree with what you've said. As a social care worker, I work with people with various disabilities, and those spaces are so important. I dont think we have half enough of them in the town I work in, and it absolutely drives me mad when you cant get one because some a**hole has just decided to park there, to save themselves a bit of a walk.

In fact, when im working, even though we have the disability parking permit displayed on all our work cars, I will only park in those spots when I have somebody with me who has a severe physical disability. Otherwise, I'll park in a normal space, because I can completely appreciate that others need it more.

Shield

No 'gun to the head' scenarios please.

If any person parks in a disabled bay without displaying a valid "Parking Card for People with Disabilities" card, then they get a ticket or most likely these days, it's clamped.

That's the law.

If the person does have one, but left it at home/lost it/<any other reason it's not on display> then they appeal the clamp fine or ticket, and it gets quashed or the fine for the clamping is refunded.

There are fail-safes built into this process, and they are used frequently.

Can we now dispense with any more "but what if..." scenarios. If you don't get it now, the chances are you never will.

Finnbar01 wrote: »

Ok let's try this scenario. You come across the illegally parked vechile in the disabled bay with no stickers. You call for a tow truck and the car is towed away. You take out your book to write details so you can send a fixed penalty fine. Just as your doing so, the disbaled driver comes around the croner. You can clearly see he has problems walking and needs the support of crutches to get by. He tells you he's after having a serious of back operations and just say you confirm that with his doctor.

A. Do you say, well your car has been seized and you'll have to pay for its release. Too bad you procastinated about getting your disabled permit. I won't give you the fixed penalty fine, though.

Or

B. You're paying for the seizure and the fixed penalty fine.

Finnbar01

psni wrote: »

No 'gun to the head' scenarios please.

If any person parks in a disabled bay without displaying a valid "Parking Card for People with Disabilities" card, then they get a ticket or most likely these days, it's clamped.

That's the law.

If the person does have one, but left it at home/lost it/<any other reason it's not on display> then they appeal the clamp fine or ticket, and it gets quashed or the fine for the clamping is refunded.

There are fail-safes built into this process, and they are used frequently.

Can we now dispense with any more "but what if..." scenarios. If you don't get it now, the chances are you never will.

What I'm trying to say is that cops have a balancing act between upholding the law and looking out for the well being of the citizen. Sometimes it may be necessary to ignore the law and give the citizen the benefit of the doubt. BTW, don't gun to head scenarios happen on a daily basis? Read down below.

Mind you I'm not trying to tell anyone how to do their job.

and it absolutely drives me mad when you cant get one because some a**hole has just decided to park there, to save themselves a bit of a walk.

Carmel27, do you think the taxi driver qualifies as an 'a**hole' in this case?

You need a subscrition to read the rest.

Taxi driver fined for parking in disabled spot while collecting wheelchair user

A GREYSTONES taxi driver who parked in a disabled spot to collect a wheelchair user was fined €250 at Bray District Court on Monday.

Driver John Prendergast was declined the opportunity to hand in a letter the customer had written to support his case.

'I was collecting Mark Quinn who is in a wheelchair,' said Mr. Prendergast after his court appearance. 'I pulled into the disabled space at Greystones Train Station when a garda approached me and fined me on the spot. I did tell him that I was collecting a wheelchair user and would need to put my ramp out on the path.'

Mr. Prendergast added that he subsequently wrote to Greystones Garda Station but was told there was nothing they could do. He decided not to pay the €80 and go to court.

Mr. Quinn wrote a letter regarding the incident which Judge Murrough Connellan did not permit the defendant to submit in court.

http://www.braypeople.ie/premium/news/taxi-driver-fined-for-parking-in-disabled-spot-while-collecting-wheelchair-user-2039361.html

Crann na Beatha

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Crann na Beatha

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carmel27

Finnbar01 wrote: »

What I'm trying to say is that cops have a balancing act between upholiding the law and catering for well being of the citizen. Sometimes it may be necessary to ignore the law and give the citizen the benefit of the doubt. BTW, don't gun to head scenarios happen on a daily basis? Read down below.

Mind you I'm not trying to tell anyone how to do their job.




Carmel27, do you think the taxi driver qualifies as an 'a**hole' in this case?

You need a subscrition to read the rest.


http://www.braypeople.ie/premium/news/taxi-driver-fined-for-parking-in-disabled-spot-while-collecting-wheelchair-user-2039361.html

No, I dont. But as I said it annoys me if its someone, without a permit, who is just saving themselves the bother of walking, ie a fully capable, but lazy person.

Finnbar01

carmel27 wrote: »

No, I dont. But as I said it annoys me if its someone, without a permit, who is just saving themselves the bother of walking, ie a fully capable, but lazy person.

But my friend was incapcitated. I agree with the fully capable but lazy persons using these bays, which annoys me too.

Obaraten: Police officers,Traffic wardens etc arent psychics mate if ya dont have a valid disabled badge displayed its your own fault for getting fined tbh

I never said they were or should be.

deadwood

Option B for me.

The towing company would have to be paid for the call-out anyway.

My problem with the disabled badges is that any agency can give them out and people abuse them.

freighter

Finnbar01 wrote: »

Okay folks, a friend of mine got a fixed penaly fine for parking in a disabled parking bay. He will also have to pay a release fee as the garda towed his car away.

Putting aside what he did was wrong, why did the Garda take his car away? I came across this here and it doesn't state that a car can be seized for illegally parking in a disabled parking bay.

Go to the enforcement section

http://www.transport.ie/upload/general/transport_access_10.htm

So under what act of the road traffic act was the garda acting under?

The best thing to do here is get the guards name and details and forward them to me because i want to take him for a drink;)

Hooch

O/P I think you can take it from all these posts that you or your friend will get No sympathy here....or anywhere infact.

Bottom line....no disabled tag.....no parking. Simples.

msg11

nice guy always wrote: »

O/P I think you can take it from all these posts that you or your friend will get No sympathy here....or anywhere infact.

Bottom line....no disabled tag.....no parking. Simples.

Spot on mate.

Shield

I can think of no better comment to bring this thread to a close.

nice guy always wrote: »

O/P I think you can take it from all these posts that you or your friend will get No sympathy here....or anywhere infact.

Bottom line....no disabled tag.....no parking. Simples.