Parking Fine - Wrong Offence

NewApproach

OK, I parked on a double yellow at 22.30, and was ticketed for it. I was pretty annoyed considering the time of day, and the fact that it is a spot where many people park all the time.

The Guards left a thing on the windscreen with the 'parked on double yellow' box ticket, saying they will be in touch. Fair enough.

So I get the Fixed Charge Notice today and it says that my offence is 'Parking in a Disabled Persons Parking Bay'. Now obviously this is wrong, so can I get off the offence? I do not have photo evidence, though I guess the onus is on them to provide that. Should I ring them and let them know, and hope they throw it out, or should I just take my day in court? What is the best way to proceed from here?

Thanks.

Oh and I'm not really interested in people who are just going to say, 'Oh well you done it, stop trying to get off on a technicality', etc.

patrickc

NewApproach wrote: »

, I parked on a double yellow at 22.30, and was ticketed for it. I was pretty annoyed considering the time of day, and the fact that it is a spot where many people park all the time.

The Guards left a thing on the windscreen with the 'parked on double yellow' box ticket, saying they will be in touch. Fair enough.

So I get the Fixed Charge Notice today and it says that my offence is 'Parking in a Disabled Persons Parking Bay'. Now obviously this is wrong, so can I get off the offence? I do not haveOK photo evidence, though I guess the onus is on them to provide that. Should I ring them and let them know, and hope they throw it out, or should I just take my day in court? What is the best way to proceed from here?

Thanks.

Oh and I'm not really interested in people who are just going to say, 'Oh well you done it, stop trying to get off on a technicality', etc.

but you did illegally park whether it be in a disabled spot or double yellow you were caught. pay the fine.

I parked on doubles once and was caught paid the fine, havent done so again, was a dear 5 minutes parking

NewApproach

patrickc wrote: »

but you did illegally park whether it be in a disabled spot or double yellow you were caught. pay the fine.

I parked on doubles once and was caught paid the fine, havent done so again, was a dear 5 minutes parking

I'm not denying I parked on a double yellow. I'm trying to get off the fine. I thought I made that pretty clear in the OP.

Absurdum

If you weren't parked in a disabled spot then don't pay a fine for it!

patrickc

I can't see any judge letting you off if it went to court, be it you weren't parked in a disabled bay, but you were still illegally parked. I'd imagine the jusdge will look at it like that

testicle

patrickc wrote: »

but you did illegally park whether it be in a disabled spot or double yellow you were caught. pay the fine.

I parked on doubles once and was caught paid the fine, havent done so again, was a dear 5 minutes parking

If you were caught dealing drugs would you like to be charged with murder, because the Garda made a mistake, and sure you committed a crime anyway you might as well do the punishment.

triple-M

I wouldnt pay,you were never fined for the offence you committed,I'd almost want to sue the guards for falsely issuing a fine for an offence theat never occured

Mr. Presentable

Go to Court, let a Judge decide. Best option for you.

Me? I'd pay the fine.

minotour

NewApproach wrote: »

OK, I parked on a double yellow at 22.30, and was ticketed for it. I was pretty annoyed considering the time of day, and the fact that it is a spot where many people park all the time.

The Guards left a thing on the windscreen with the 'parked on double yellow' box ticket, saying they will be in touch. Fair enough.

So I get the Fixed Charge Notice today and it says that my offence is 'Parking in a Disabled Persons Parking Bay'. Now obviously this is wrong, so can I get off the offence? I do not have photo evidence, though I guess the onus is on them to provide that. Should I ring them and let them know, and hope they throw it out, or should I just take my day in court? What is the best way to proceed from here?

Thanks.

Oh and I'm not really interested in people who are just going to say, 'Oh well you done it, stop trying to get off on a technicality', etc.

Absolutly you should ring them and point it out, take the high road, point out the address in question has no disabled parking space (assumption??) and even if it did you wouldnt dream of parking in it etc..

take the day in court? me bollix!

dirtydiesel

You cant be convicted of an offence you didn't commit, you mentioned the guards leaving a note saying you were parked on a double yellow.....take that and the fine to your local station and see what they say. Be a huge waste of money to all involved if it has to go to court.

tmcw

It really pisses me off when public servants make errors like this; they should be meticulous with their notes, and fill out the forms correctly. And they should be taken up on it when they make these primary-school errors. Maybe we'd then see less cases of individuals getting away on technicalities; pedophile judges and other high-profile cases come to mind.

Our man in Havana

LOL, you assume they will be all nice and reasonable about it?

Let them take the OP to court and plead not guilty. He will win.

Hooch

Haddockman wrote: »

LOL, you assume they will be all nice and reasonable about it?

Let them take the OP to court and plead not guilty. He will win.

O/P are you sure:

1 - You weren't parked in a disabled bay (even a foot in one)

2 - You didn't park in one earlier and you failed to notice the no parking slip??

If your answer to both is no then you can

1 - Write to the local supt outlining the incident and attach a copy of the FCPN

2 - Refuse to pay and go to court where you can fight it before a district judge.

NewApproach

nice guy always wrote: »

O/P are you sure:

1 - You weren't parked in a disabled bay (even a foot in one)

2 - You didn't park in one earlier and you failed to notice the no parking slip??

If your answer to both is no then you can

1 - Write to the local supt outlining the incident and attach a copy of the FCPN

2 - Refuse to pay and go to court where you can fight it before a district judge.

Absolutely certain. I would never even consider parking in a disabled spot.

If I write to the sup't what is the likely outcome?

Is there any point in ringing the number on the notice I recieved?

To be honest I don't fancy pointing out the Guard's mistake for them so that they can just issue me with another fine, but at the same time I don't want to be seen to be wasting the court's time if it ends up there.

Our man in Havana

If you warn them now, they can reissue the penalty notice.

If you wait long enough they won'tbe able to reissue.

NewApproach

In case anyone was interested in how this ended up. I went into the local garda barracks and spoke to the guy who issued it. He said it would just be cancelled.

jaffa20

NewApproach wrote: »

In case anyone was interested in how this ended up. I went into the local garda barracks and spoke to the guy who issued it. He said it would just be cancelled.

..and not reissued for parking on double yellows?

NewApproach

jaffa20 wrote: »

..and not reissued for parking on double yellows?

He made no mention of it, but from the way he was talking I doubt it. He said he would ring me in a few days to confirm its cancellation anyway.

pbarr

You were lucky, I am disabled and have a badge but still got a ticket when parked in a disabled space.

http://www.boards.ie/vbulletin/showthread.php?p=67669181

jaffa20

pbarr wrote: »

You were lucky, I am disabled and have a badge but still got a ticket when parked in a disabled space.

http://www.boards.ie/vbulletin/showthread.php?p=67669181

That space seems really narrow to be a disabled space.Did you appeal it?

jimmycrackcorm

NewApproach wrote: »

He made no mention of it, but from the way he was talking I doubt it. He said he would ring me in a few days to confirm its cancellation anyway.

Did the ticket have the location of the offence? If so and if there were no disabled bays at the location then had it gone to court the judge would have had no option but to dismiss it.

pbarr

jaffa20 wrote: »

That space seems really narrow to be a disabled space.Did you appeal it?

Yes I did but got a letter from them yesterday saying the ticket could not be cancelled because "your vehicle was parked in a manner prohibited" and that the fine will be increased to €60 if I dont pay by 19th of September. After that what? Will they take me to court?
I emailed them 2 photos of the space and they rang back today to say 1st of all the space belongs to the hotel which it doesn't then she said that the car was blocking the footpath which it wasn't and I'd still have to pay.
I know it seems a strange place for a disabled space and it does seem small but when you arrive and the car park is full and you see a space with the wheelchair sign on it you park in it. To me it just is a trap to catch people out.