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2 fines for 1 illegal parking???

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    #32
    PCPhoto
    Registered Users Posts: 6,584 ✭✭✭PCPhoto


    Pkiernan wrote: »
    ABSOLUTE and UTTER NONSENSE.

    The OP did not commit 60 crimes in 60 minutes, and anyone who thinks he did needs their head examined.

    You have no clue as to the law regarding parking tickets. Do yourself a favour and look at any County or City Councils rules on parking and fines for such. You will see NO mention of fines per minute (:rolleyes::rolleyes::rolleyes:). In fact you will find no mention of multiple tickets.

    The OP was given 2 seperate tickets by 2 seperate agents of the State for 1 offence - not 60 offences.

    This is a simple case of you being wrong. Accept it please.

    I agree with Opti .... maybe I should simplify it for you so you can understand what he was trying to say .....

    On a technicality (going strictly and taking the law literally)
    - if it is a different time it is a different offence, hence the 60 offences in 60mins, it is not done because it is not practical and would be met with huge public and political opposition as well as probably opposition from members themselves as it would lead to endless paperwork.

    BUT

    I would also like to point out (mainly to Opti but everyone else also) that if people look at the by-laws of Cork City there may be allowances/exceptions to park in the this type of area ....so the technical issue of theoretical 60 offences in 60mins could be a mute point.


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    #33
    opti76
    Registered Users Posts: 643 ✭✭✭opti76


    Pkiernan wrote: »
    ABSOLUTE and UTTER NONSENSE.

    The OP did not commit 60 crimes in 60 minutes, and anyone who thinks he did needs their head examined.

    You have no clue as to the law regarding parking tickets. Do yourself a favour and look at any County or City Councils rules on parking and fines for such. You will see NO mention of fines per minute (:rolleyes::rolleyes::rolleyes:). In fact you will find no mention of multiple tickets.

    The OP was given 2 seperate tickets by 2 seperate agents of the State for 1 offence - not 60 offences.

    This is a simple case of you being wrong. Accept it please.

    of course he didnt commit a crime.. a parking fine is not a criminal offence

    im could stand here and argue with you all day but whats the point .. i said technically .... not realistically .. i dare say id have more knowledge about road traffic legislation than you.. just accept the fact that im right and your wrong. the op has gotten his advice on how to proceed.


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    #34
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    opti76 wrote: »
    technically speaking you committed 120 offences .. if you look at your tickets you will se a time .. the offence was committed at that time so for your 120 minutes of parking you committed the illegal parking every minute your were there .. .
    Pkiernan wrote: »
    No offense, but this is completely untrue.


    OP: according to the information you posted, technically you have been punished twice for the same offence - double jeopardy and not allowed under Irish Law.
    +1
    Anan1 wrote: »
    How long do you feel that you should have been permitted to remain parked there before receiving a second ticket?
    Two answer's to that: 1 - if Statute doesn't specifically put a measure of time on when an offence begins and ends, then it's irrelevant. 2 - from a practical perspective, OP didn't get a 2nd ticket on the day, so your question cannot be answered. It is too, therefore, moot.
    Anan1 wrote: »
    I don't know about this, i've seen cars with up to four tickets on the windscreen.
    I wouldn't pay 3 of those, either
    Anan1 wrote: »
    Again, I don't know. If the OP had parked for 10 minutes and got two tickets then maybe i'd think this was a bit harsh, but two tickets in as many hours sounds fair enough to me.
    make up your mind: there is either a time in law, or not. You can't have it both ways.
    opti76 wrote: »
    no because thats 1 act .. hes oparking illegally at a certain time and place i dont have to prove a time for a burglary i do for a parking ticket .. its time specific ie at a cetain time on a certain date you did....

    if i see your car parked at 3pm illegally i can give you a ticket .. if i pass by at 310 and your still there i can give you another ticket i can give you another ticket at 311 as the time of offence has changed...

    in reality its not done as its unfair but in legislation it can be done
    Unless you can show me the Statute, frankly, I'm calling BS on that.
    cormie wrote: »
    Would be interested to see the law on this if anyone can reference it.
    I'm with you.
    Pkiernan wrote: »
    ABSOLUTE and UTTER NONSENSE.

    The OP did not commit 60 crimes in 60 minutes, and anyone who thinks he did needs their head examined.

    You have no clue as to the law regarding parking tickets. Do yourself a favour and look at any County or City Councils rules on parking and fines for such. You will see NO mention of fines per minute (:rolleyes::rolleyes::rolleyes:). In fact you will find no mention of multiple tickets.

    The OP was given 2 seperate tickets by 2 seperate agents of the State for 1 offence - not 60 offences.

    This is a simple case of you being wrong. Accept it please.

    Amen
    PCPhoto wrote: »
    I agree with Opti .... maybe I should simplify it for you so you can understand what he was trying to say .....

    On a technicality (going strictly and taking the law literally)
    - if it is a different time it is a different offence, hence the 60 offences in 60mins, it is not done because it is not practical and would be met with huge public and political opposition as well as probably opposition from members themselves as it would lead to endless paperwork.
    Proof please. Unless you can specifically show me, in Statute, that mention of time - in minutes as being one measure of offence, then you're making it up.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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    #35
    Anan1
    Registered Users Posts: 22,818 ✭✭✭✭Anan1


    galwaytt wrote: »
    Two answer's to that: 1 - if Statute doesn't specifically put a measure of time on when an offence begins and ends, then it's irrelevant.
    Have you a source for this?
    galwaytt wrote: »
    2 - from a practical perspective, OP didn't get a 2nd ticket on the day, so your question cannot be answered.
    Nonsense, of course my question can be answered. Although you don't have to - it was, after all, directed towards the OP.;)
    galwaytt wrote: »
    make up your mind: there is either a time in law, or not. You can't have it both ways.
    Cool your jets, tt. I don't know the legal position here but, like many, i'm curious to find out.:)


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    #36
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    Anan1 wrote: »
    Have you a source for this?
    Nonsense, of course my question can be answered. Although you don't have to - it was, after all, directed towards the OP.;)
    Cool your jets, tt. I don't know the legal position here but, like many, i'm curious to find out.:)

    Source: it's a question.......I'm presuming 'innocence' until proven guilty
    Answer/don't answer:.........I would never answer anything that may later used by evidence etc......;) inform, take a position, defend it in confidence.
    Jets: I hear ya, not taking a swipe at you, but I'm not a fan of positions where the law is assumed to not be an ass.......in area's such as this.....;)

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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    #37
    Anan1
    Registered Users Posts: 22,818 ✭✭✭✭Anan1


    galwaytt wrote: »
    Source: it's a question.......I'm presuming 'innocence' until proven guilty
    I wouldn't presume anything, as far as I can see we just don't know.
    galwaytt wrote: »
    Answer/don't answer:.........I would never answer anything that may later used by evidence etc......;) inform, take a position, defend it in confidence.
    Isn't it a bit late to be in work mode?;)
    galwaytt wrote: »
    Jets: I hear ya, not taking a swipe at you, but I'm not a fan of positions where the law is assumed to not be an ass.......in area's such as this.....;)
    Fair enough.:) I'd be surprised if one could park on double yellows indefinitely for one offence - do you think (or know) that this is the case?


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    #38
    cormie
    Registered Users Posts: 20,835 ✭✭✭✭cormie


    Just to put a bit of dark humour into the thread on a similar subject, soon after I moved, the neighbour next door owned a little mini, for the size of it, she couldn't park it at all, she got a few tickets here and there and then I saw a warden writing one up so I called into her to tell her, she looked at him and just said they can do what the f**k they want I don't care, another time I told a warden that the woman isn't well, he still wrote the ticket, then the tickets began to pile up, her permit had expired and there must have been about 10 on the window at one stage. She never ended up paying them though and I think she knew she'd never have to pay them which is why she didn't bother because she died soon after and I think she knew she was about to die so I don't think the council ever got their money :D


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    #39
    Anan1
    Registered Users Posts: 22,818 ✭✭✭✭Anan1


    If I were terminally ill I think i'd be more into speeding than bad parking.:)


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    #40
    AineK77
    Registered Users Posts: 21 ✭AineK77


    I know this is an old post but I was doing a bit of googling regarding my own case, I got ticketed twice by the Gardai for the same offence (parked in a taxi bay on Patrick Street on Sunday before Christmas thought it was a loading bay) paid one got the other one quashed but then got a summons the other day from Cork City Council turns out I was ticketed three times for the same offence in an hour and a half twice by the Gardaí and once by a traffic warden. Thing is I never got the ticket from the traffic warden just got a straight summons, I sent off a letter of appeal to CCC but they advised that as it was too late and court proceedings were already in place - seems like a waste of time to me and I guess I will just have to go to court in December and appeal it but is there any other way of appealing this??? And before anyone comes back like they did here and say don't park illegally, I didn't know I was parked illegally and I paid my fine for the offence, I think it is a bit extreme to get three tickets for the same offence (over an hour and half!!) - any feedback appreciated - thanks


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    #41
    Anan1
    Registered Users Posts: 22,818 ✭✭✭✭Anan1


    AineK77 wrote: »
    I know this is an old post but I was doing a bit of googling regarding my own case, I got ticketed twice by the Gardai for the same offence (parked in a taxi bay on Patrick Street on Sunday before Christmas thought it was a loading bay) paid one got the other one quashed but then got a summons the other day from Cork City Council turns out I was ticketed three times for the same offence in an hour and a half twice by the Gardaí and once by a traffic warden. Thing is I never got the ticket from the traffic warden just got a straight summons, I sent off a letter of appeal to CCC but they advised that as it was too late and court proceedings were already in place - seems like a waste of time to me and I guess I will just have to go to court in December and appeal it but is there any other way of appealing this??? And before anyone comes back like they did here and say don't park illegally, I didn't know I was parked illegally and I paid my fine for the offence, I think it is a bit extreme to get three tickets for the same offence (over an hour and half!!) - any feedback appreciated - thanks
    Go to court with proof that you paid one ticket and the other was quashed and hope the judge sees it the same way?


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    #42
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    subway wrote: »

    i agree with the rest of your post except the time scales. i think 1 ticket per hour is unfair. i dont know what the law is on the matter (presuming no one else does either since it hasnt been posted) but i would feel 1 ticket per day is a reasonable amount. if any gardai or lawyers are about maybe they can clarify as to how often a car can be ticketed in the same spot.

    So how long do you think someone should be allowed abandon a car illegally for while only getting 1 ticket?

    EDIT. Didnt realise it was an old thread. :-(


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    #43
    UnknownSpecies
    Registered Users Posts: 3,183 ✭✭✭UnknownSpecies


    AineK77 wrote: »
    I know this is an old post but I was doing a bit of googling regarding my own case, I got ticketed twice by the Gardai for the same offence (parked in a taxi bay on Patrick Street on Sunday before Christmas thought it was a loading bay) paid one got the other one quashed but then got a summons the other day from Cork City Council turns out I was ticketed three times for the same offence in an hour and a half twice by the Gardaí and once by a traffic warden. Thing is I never got the ticket from the traffic warden just got a straight summons, I sent off a letter of appeal to CCC but they advised that as it was too late and court proceedings were already in place - seems like a waste of time to me and I guess I will just have to go to court in December and appeal it but is there any other way of appealing this??? And before anyone comes back like they did here and say don't park illegally, I didn't know I was parked illegally and I paid my fine for the offence, I think it is a bit extreme to get three tickets for the same offence (over an hour and half!!) - any feedback appreciated - thanks


    As Anan1 said, go to court and hope the judge sees it your way.

    I had a similar situation to you. Parked in the taxi bay on a Sunday because I thought it was a loading bay. The sign that says it's a taxi bay is hidden behind a bloody tree, took me ages to find it when I went looking. My story was that I parked there for work (under the impression I had free parking), the Garda didn't put a notice on my window and I got 3 fines in the post. Since the car was in my mother's name and she was out of the country, I didn't know the letters were fines for my parking. So what did I do? Parked in the EXACT same spot next week and picked up another two fines, nice...

    Anyway, I went to the nearest Garda station and I had a chat with the guy in there. He told me to pay one fine for each day and write a letter to the Superintendent explaining my situation and it would be ok. So I did that and the Super struck off the remaining 3 fines, happy days. It might be too late to write a letter but ask a Garda inside Anglesea street and see what he thinks.


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    #44
    PapaSierra
    Registered Users Posts: 96 ✭✭PapaSierra


    Hi, I actually started this thread while ago. I went to court with a proof of the payment and it took no longer then maybe 2 minutes to cancel the other fine (excluding 2hrs waiting).

    Guy:Incognito - I would say that something like 6 hours or so sounds reasonable. I like the term you used "abandon a car illegally" :D


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    #45
    AineK77
    Registered Users Posts: 21 ✭AineK77


    Thanks PapaSierra I wanted to see how it turned out for you yeah I think I am resigned to the fact that I will have to make my first court appearance in Decemeber - the letter from CCC annoyed me tho' as apparently the last day I had to appeal the ticket was January 17th but I never got their ticket so how could I appeal at least the Gardai did their paperwork and got their tickets out to me :(
    So it's an afternoon court appearance I'll take my half day from work and sher maybe get some Christmas shopping done after or maybe celebrate my freedom - I was thinking of ordering an "It wasn't me t-shirt" what do you think would the judge appreciate it ha ha :):)
    Thanks all hopefully I won't be spending Christmas in the clink!!


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