Legal time frame to pay a fine.

Guest !!

I'm wondering if there's a legal time frame i have until a fine i recieved must be paid. (There's no date on the notice, only that the fine must be paid immidiatly)

I rent an apartment in a private estate, and i've recieved a notice from the management company threatning legal action if the fine of $$$ is not paid immiediatly. (Ar these threats legal? as legaly speaking it's impossible for me to pay "Immiediatly") Is this notice in anyway illigal and against any rights i may have?

The rule in question revolves around rubbish not being left in the correct area, a key for a gate is required to enter the dumpster to put the rubbish into, however the agency on behalf of our landlord never gave us this key despite us asking for it, would i have any case agianst this agency for not providing me with this key?

Thanks in advance for any help, i'll respond if required too.

coylemj

As far as I'm aware only the courts can impose a fine and in such a case there is a defined period within which it must be paid after which the Gardai can take you to Mountjoy to serve a sentence. If this management company is attempting to impose a fine on you, what are they proposing to do if you don't pay the fine?

MagicSean

Depends on your contract with the landlord but I would doubt you are liable if they didn't provide you with a key to dispose of it in the designated area.

Paulw

If you don't put your refuse in a bin, you can be reported for illegal dumping or littering. Fines for that go from €150 for first offence to €3,000.

Normally the "fines" from management companies/agents are simply additional charges, which they can levy.

Our man in Havana

Management companies and other private bodies do not have any legal authority to issue fines. That is the job of the Gardaí and the courts.

They may or may be not entitled to levy an additional charge. Calling it a fine is taking the biscuit.

hullaballoo

Certainly there is a need for the requirement to pay to come within a certain timeframe and I think that any serious fine you get will have a timeframe set out. This is usually an initial 28-day period within which to pay €x and thereafter €x(X1.5) for a further 28 days, after which, you will be prosecuted through the courts.

Effectively what this means is that you are not legally obliged to pay anything at all, but we are entitled to prosecute you for an offence. Should you pay x (or x by 2) amount within 56 days, we will waive our right to prosecute you. Should you fail to pay, we will prosecute you for the offence.

It is then up to a judge to decide on the amount to must pay (assuming you actually committed the offence and fixed-charge offences are usually self-evident).

If it is the case that some other, private, individual is looking to fix you with a fine, you certainly do not have to pay, but the consequence of not paying may still be a prosecution.

Jo King

hullaballoo wrote: »

If it is the case that some other, private, individual is looking to fix you with a fine, you certainly do not have to pay, but the consequence of not paying may still be a prosecution.

Private individuals cannot fine anybody and can only sue by civil process for non-payment of monies due to them under a contract. If you have committed a criminal offence a private individual could prosecute as a common informer but they have no right to demand that you pay a fine to them in lieu of prosecution. In fact to do so would be a criminal offence in itself.
Management companies have no privity of contract with sub-tenants in their buildings and so cannot sue sub tenants under the terms of the management company lease with the landlord.