Parking fine from €40 to €200

Danniboo

Hi,

I hope someone can help with this, i'll try keep it as brief as possible.

I received a parking fine back in March for €40 which I appealed. On the 3rd April I sent an e-mail asking had a decision been made, to which I got a response saying its been appealed the fine will not increase while it is being appealed and I will be informed of their decision by post.

That was the last I heard about it until last week, when I received a lovely solicitors letter through the door stating that I now had to pay them €200 as I had not paid the fine. A letter was supposedly sent to me on the 7th April with the appeal decision which I never received and they are basically saying tough it has to be paid or they're bringing me to court fine will increase to €1000 etc.

Surely they can't just make someone pay a fine of €200 on this basis, I mean they claim they made one lowsy attempt to contact me in 3 months.

What if I said I posted a cheque but they said they never received it, would this be okay with them?:mad:

Our man in Havana

Who issued this alleged fine? A council or a private company?

Danniboo

Haddockman wrote: »

Who issued this alleged fine? A council or a private company?

The Council.

Our man in Havana

Council fines do not go from €40 to €200 overnight. There needs to be a court hearing first.

Danniboo

Haddockman wrote: »

Council fines do not go from €40 to €200 overnight. There needs to be a court hearing first.

The €200 was stated on the solicitors letter, I presume its the charge for the solictors time, letter etc.

Our man in Havana

That might be an estimation. You may get fined €200 in court.

They are allowed to claim scaled costs in court. You can pay the €40 at any point up until they issue the summons. After that you will have to pay the court costs. €160 for District court costs is way OTT. The wording of their letter would be interesting to see.

Danniboo

No it's not an estimation, they've said I have 21 days to pay it or they're bringing me to court (though they've kindly given me an extension until 31st August). If I go to court i've to pay €1000 and risk a conviction and being banned from driving. Bully boy tactics spring to mind.

testicle

Sounds very odd. Can you scan the letter, and post it here? Hide your details from it first!

spider_pig

Danniboo wrote: »

No it's not an estimation, they've said I have 21 days to pay it or they're bringing me to court (though they've kindly given me an extension until 31st August). If I go to court i've to pay €1000 and risk a conviction and being banned from driving. Bully boy tactics spring to mind.

how can you get banned from driving over a parking ticket is this true never heard it but that's a strange one alri

Our man in Havana

You can't. Not a chance of that happening. The worse that can happen is a fine.

MagicSean

Danniboo wrote: »

No it's not an estimation, they've said I have 21 days to pay it or they're bringing me to court (though they've kindly given me an extension until 31st August). If I go to court i've to pay €1000 and risk a conviction and being banned from driving. Bully boy tactics spring to mind.

Are you sure its a parking fine?

Danniboo

Lol, yes i'm 100% sure it's a parking fine.

I'll scan it through tomorrow. I can't understand why I never got the first fine increase to 60e for not paying it just an increase to €200.

Adnerb

Apologies for hi-jacking your thread...

On the 1st December 2009 I got a parking ticket on my windscreen, on the 4th December I was in a car accident and my car was totally written off. The parking fine completly slipped my mind until I got a reminder letter saying the fee was now €60. I didnt get sorted with a replacement car until April and had alot going on and again it slipped my mind. Yesterday I got a letter with a summons to court for the fine... I have 2 questions:
Would I still have to pay a fine on a car that is legally written off/scrapped?? Also the tax book always had a miss print of the name on it so instead of Brenda it said Brendan, so all the correspondence is to Brendan would this actually stand up in court if the wrong name is on it? I have had a ticket before and paid it but things are so tight at the minute I just dont have it

Danniboo

Adnerb wrote: »

Apologies for hi-jacking your thread...

On the 1st December 2009 I got a parking ticket on my windscreen, on the 4th December I was in a car accident and my car was totally written off. The parking fine completly slipped my mind until I got a reminder letter saying the fee was now €60. I didnt get sorted with a replacement car until April and had alot going on and again it slipped my mind. Yesterday I got a letter with a summons to court for the fine... I have 2 questions:
Would I still have to pay a fine on a car that is legally written off/scrapped?? Also the tax book always had a miss print of the name on it so instead of Brenda it said Brendan, so all the correspondence is to Brendan would this actually stand up in court if the wrong name is on it? I have had a ticket before and paid it but things are so tight at the minute I just dont have it

It was your car, you were driving, you received all notifications that you were being fined and the fine had increased so Yes you will have to pay. Sorry things aren't going well but not having your car anymore will not work as an excuse I wouldn't imagine.

Adnerb

Thanks Danniboo I appreciate the reply, I thought maybe with the name being incorrect on all the letters/summons that they might be invalid?
I will have to get it sorted so, the last thing I want is to end up in a court room.

Danniboo

Adnerb wrote: »

Thanks Danniboo I appreciate the reply, I thought maybe with the name being incorrect on all the letters/summons that they might be invalid?
I will have to get it sorted so, the last thing I want is to end up in a court room.

Oh well with the name being wrong on the summons that could be thrown out alright sorry I thought it was your own stuff that had the wrong names. Google summons parking fine, there was a few cases thrown out lately because the companys name was wrong.

spider_pig

Adnerb wrote: »

Thanks Danniboo I appreciate the reply, I thought maybe with the name being incorrect on all the letters/summons that they might be invalid?
I will have to get it sorted so, the last thing I want is to end up in a court room.

its the same way if someone is not the registered owner of the car and is driveing and caught in a speed trap, it's the driver who has to pay not the registered owner of the car. in your case brendan was the registered owner but brenda was the driver.

Danniboo

Apparentely a reminder letter should have been sent to me which it wasn't. Get this if I didn't receive letter the onus is on me to contact the council.

Our man in Havana

There is no onus to contact the council. How would a person be supposed to know such a letter should issue. There is no obligation on the council to issue any reminder but the all do in practice. The original notice does not say a reminder will issue.

The correct procedure is as follows:

1. Notice served on the vehicle. This could have blown away or removed by kids etc.
2. Notice to Owner which is a reminder to pay within a further 7 days.
3. District Court Summons.

At point 3 you can pay the council the fine plus the legal costs so far. The case is then dropped.

If you wish to appeal you need to appeal in court and argue your case.

Danniboo

Haddockman wrote: »

There is no onus to contact the council. How would a person be supposed to know such a letter should issue. There is no obligation on the council to issue any reminder but the all do in practice. The original notice does not say a reminder will issue.

The correct procedure is as follows:

1. Notice served on the vehicle. This could have blown away or removed by kids etc.
2. Notice to Owner which is a reminder to pay within a further 7 days.
3. District Court Summons.

At point 3 you can pay the council the fine plus the legal costs so far. The case is then dropped.

If you wish to appeal you need to appeal in court and argue your case.

I was awaiting on the appeal decision and never heard anything and then solicitors letter arrived. I did e-mail the council to ask about a decision and they said i'd be notified if the onus was on my would they not have said phone on such a date etc. Plus I was never advised of any sort of timelines to think that I should have heard something.

FreudianSlippers

Danniboo wrote: »

Oh well with the name being wrong on the summons that could be thrown out alright sorry I thought it was your own stuff that had the wrong names. Google summons parking fine, there was a few cases thrown out lately because the companys name was wrong.

The Judge has discretion to amend the summons - it is arguable that this will be done in all but the most extreme cases of incorrect information.

Our man in Havana

From a legal point of view the council is not required to consider what is an informal appeal. They are quite entitled to push ahead with a summons if they so wish. If they choose to consider an informal appeal that is their prerogative. In fairness they should have sent you a letter rejecting your informal appeal and giving you an opportunity to pay or appeal the case to a judge.

I used to work in this area. The costs quoted are very much off the scales of anything I have ever seen before.

Danniboo

Haddockman wrote: »

From a legal point of view the council is not required to consider what is an informal appeal. They are quite entitled to push ahead with a summons if they so wish. If they choose to consider an informal appeal that is their prerogative. In fairness they should have sent you a letter rejecting your informal appeal and giving you an opportunity to pay or appeal the case to a judge.

I used to work in this area. The costs quoted are very much off the scales of anything I have ever seen before.

You are entitled to make an appeal. The summons was only sent because I didn't know a decision had been made had I been made aware of the decision the €40 would have been made this wouldn't be an issue now. They're claiming they sent me a letter but I never received it.

Our man in Havana

I think you will have to argue this in front of a judge.

Danniboo

Haddockman wrote: »

I think you will have to argue this in front of a judge.

they never sent a reminder so they're not even sticking to their own practice, so I don't see why I should have to go in front of a judge. Its an absolute joke.

Jo King

it's no laughing matter to go before a judge.

Danniboo

Jo King wrote: »

it's no laughing matter to go before a judge.

Thanks for that

Danniboo

Just to give a quick update I e-mailed the council and asked them why a reminder letter was never sent. Suddendly I received a letter from them stating a reminder letter had been sent on the 14th,., hmmm lies I think. Why would they post a reminder letter 7 days after the original letter they claim they sent when you have 10 days to pay the fine

FreudianSlippers

IMO you should contact them again and tell them that you definitely did not receive a reminder letter on or around the 14th, that you'd be happy to pay the original fine of €40 but you don't feel it is fair to have to pay the higher fine.
Then see what they say - that's what I'd do at least.

Danniboo

OisinT wrote: »

IMO you should contact them again and tell them that you definitely did not receive a reminder letter on or around the 14th, that you'd be happy to pay the original fine of €40 but you don't feel it is fair to have to pay the higher fine.
Then see what they say - that's what I'd do at least.

I've sent them about 20 e-mails to that effect, apparentely the onus is on me and they are not responsible for the post. So I put it to them that I am not responsible for the post and if I were to send a cheque and it didn't arrive would they accept that it was sent and I am not responsible for the post.

Our man in Havana

The old fashioned paper letter is best in these situations.

FreudianSlippers

Danniboo wrote: »

I've sent them about 20 e-mails to that effect, apparentely the onus is on me and they are not responsible for the post. So I put it to them that I am not responsible for the post and if I were to send a cheque and it didn't arrive would they accept that it was sent and I am not responsible for the post.

Figured that would be the case, but it is worth a try.

Danniboo

Haddockman wrote: »

The old fashioned paper letter is best in these situations.

Is that a joke? The old fashioned paper letter is what caused the problem to begin with.

Danniboo

OisinT wrote: »

Figured that would be the case, but it is worth a try.

They are blatantly lying, i'm not gonna just accept that i've to fork out €200

Our man in Havana

All you can do is take your chances in court.

Danniboo

Haddockman wrote: »

All you can do is take your chances in court.

That's a disgrace.

FreudianSlippers

Danniboo wrote: »

That's a disgrace.

Well that's what the court is for really. You have a dispute between two parties, both who feel they are in the right.
The court is there to mediate this dispute and rule on who is in the right.

There is no way to force the other side to see your way of thinking just as they cannot force you to see theirs.

Danniboo

OisinT wrote: »

Well that's what the court is for really. You have a dispute between two parties, both who feel they are in the right.
The court is there to mediate this dispute and rule on who is in the right.

There is no way to force the other side to see your way of thinking just as they cannot force you to see theirs.

It's not about seeing my way of thinking really. The Facts are I never received any correspondence in 3 months about this, they had my e-mail why not send a mail saying we have not received payment etc.

stephendevlin

Danniboo wrote: »

It's not about seeing my way of thinking really. The Facts are I never received any correspondence in 3 months about this, they had my e-mail why not send a mail saying we have not received payment etc.

Go to court and fight it. Hire a solicitor!

Danniboo

stephendevlin wrote: »

Go to court and fight it. Hire a solicitor!

And risk a conviction, losing my license and a thousand euro fine?

Our man in Havana

losing my license

Not possible for a council parking contravention.

a thousand euro fine?

Again not a chance in hell of that. Typical fines are in the range of 50 to 100 euro.

Danniboo

Haddockman wrote: »

Not possible for a council parking contravention.


Again not a chance in hell of that. Typical fines are in the range of 50 to 100 euro.

This is whats stated on the solicitors letter, the solicitor was looking into who sent the letters etc for me but hasn't got back, should I ring her again.

ilovefridays

Danniboo whats the latest on this ??

Danniboo

Hey,

I had to pay it it the end absolute disgrace I even spoke to one of the headguys who was an absolute pig. It still makes me angry when I think about it all because my wheels were a bit on the kerb when I ran into the Chemist for 15 mins.