Ticketed in private car park

johnmck

Hi,
Just got a ticket from a Dublin based company in a private car park in Cavan town. From what I've read, my best guess is that they have un-lawfully gave me a ticket, as they would not have authorisation from the local town council. Would I be correct?

What laws should I cite to them when I phone them to tell them they are in the wrong?
Is it illegal for them to falsely try to extract money from me in the first place?

Procrastastudy

johnmck wrote: »

What laws should I cite to them when I phone them to tell them they are in the wrong?
Is it illegal for them to falsely try to extract money from me in the first place?

Would you just not phone them up and find out what happened first... might give people something to work with.

I'd personally quote articles from the constitution, the fact that you don't agree to be bound by statute law and that you wish to speak to them, at length, about our lord and saviour Jesus Christ. With any luck they'll think you're mad enough to relate to a District court Judge and not bother chasing you.

johnmck

hallelujah lod jesus, I've seen the light

johnmck

gimme some articles from the constitution to cite

Procrastastudy

The whole of Article 43 - idealy in Irish.

Seriosuly though if you give a bit more detail it would help.

johnmck

Ok, more detail.
I was parked in Dunne's stores private car park. From about 10:15 until 12.
I got the ticket at 11:40. There are notices that state 1 hour parking only.
I was shopping in Dunnes also, but went elsewhere to do a few things.

What other information would be useful?

CIARAN_BOYLE

johnmck wrote: »

Ok, more detail.
I was parked in Dunne's stores private car park. From about 10:15 until 12.
I got the ticket at 11:40. There are notices that state 1 hour parking only.
I was shopping in Dunnes also, but went elsewhere to do a few things.

What other information would be useful?

So you illegally parked in their car park, still I don't think the ticket is really enforceable so you should be able to get away without paying.

johnmck

Ciaran - Illegally in your opinion, not illegal if it's not enforceable by Irish law!

cast_iron

I got one of these before. I rang and asked them what happens if I don't pay.
She said they can actually do nothing, but may clamp me the next time I parked in one of their car parks.

Procrastastudy

Why wouldn't they be able to ticket you if you were parked illegally on their property? Why would they need permission from the local council?

I could easily be missing something here.

if you were walking down the street and somebody handed you an invoice for 40 Euro would you pay it?
Dont think so!
So why would you pay this!I'd bin it and forget like Ive done whit loads of others.(eurocarparks being the main offender)
And if they clamped me,same thing.Id cut it off.my da cut one off a few months ago in front of the clamper and he did nothing but film him on his phone!He tried to block his jeep in with the clamper van but the guards came and made him move!
He never heard a thing about it either

draiochtanois

This post has been deleted.

cast_iron

GCDLawstudent wrote: »

Why wouldn't they be able to ticket you if you were parked illegally on their property? Why would they need permission from the local council?

I could easily be missing something here.

Because private companies can't just go around issuing fines to people - unless the relevant laws are passed by the local council.

Our man in Havana

Also a private company will have issues obtaining your details from the authorities.

I've asked this before but I'll ask it here again.

How would they even have your personal details to be able to follow up on the fine?

Edit: Our man in Havana got there first!!!

clintondaly

I was parked in a shopping centre car park in a non designated parking spot and was issued with a parking ticket from a Gard,i went to the station with the ticket and handed it back stating i was on private property and they didnt have authority to issue tickets on Private properety,they took it back no questions.

spoonface

Our man in Havana wrote: »

Also a private company will have issues obtaining your details from the authorities.

I would actually send them a data protection request, to find out what they know about you and where they got this information from. They are obliged to do this.

MagicSean

clintondaly wrote: »

I was parked in a shopping centre car park in a non designated parking spot and was issued with a parking ticket from a Gard,i went to the station with the ticket and handed it back stating i was on private property and they didnt have authority to issue tickets on Private properety,they took it back no questions.

A shopping centre car park is a public place so some laws still apply. Did you speak to the actual Garda or just hand it back to a random one?

clintondaly

MagicSean wrote: »

A shopping centre car park is a public place so some laws still apply. Did you speak to the actual Garda or just hand it back to a random one?

I handed it back to the officer in charge at that time

MagicSean

clintondaly wrote: »

I handed it back to the officer in charge at that time

And you are sure it was cancelled?

clintondaly

MagicSean wrote: »

And you are sure it was cancelled?

are you called Garda MagicSean?

The Garda in charge at the time agreed with me

MagicSean

clintondaly wrote: »

are you called Garda MagicSean?

The Garda in charge at the time agreed with me

It's not his decision to make. It's up to the guy that issued it.

BrianD

urbanledge wrote: »

if you were walking down the street and somebody handed you an invoice for 40 Euro would you pay it?
Dont think so!

This is not what the OP did. He drove onto private land to avail of their parking facilities as a convenience.

So why would you pay this!I'd bin it and forget like Ive done whit loads of others.(eurocarparks being the main offender)
And if they clamped me,same thing.Id cut it off.my da cut one off a few months ago in front of the clamper and he did nothing but film him on his phone!He tried to block his jeep in with the clamper van but the guards came and made him move!
He never heard a thing about it either

You can easily avoid the stress and criminal damage by choosing not to use their car parking facilities.

BrianD

spoonface wrote: »

I would actually send them a data protection request, to find out what they know about you and where they got this information from. They are obliged to do this.

AFAIK they are only obliged to disclose the personal data they have stored and not how they got it. It obviously makes sense to organisations to know where it came from as obtaining it has to be fair and square.

€6.35 to request it.

Victor

johnmck wrote: »

Ciaran - Illegally in your opinion, not illegal if it's not enforceable by Irish law!

The double negative makes my brain hurt.

Procrastastudy

cast_iron wrote: »

Because private companies can't just go around issuing fines to people - unless the relevant laws are passed by the local council.

Griffith charge me for all the books I keep out to prop up various bit of furniture - I'll read one someday - and Blockbuster used to fine me. Surely if you're on private property you've accepted the terms for parking there?

Forgive my flippant reply and for calling you surely - genuinely missing something here!

An Udaras

Without appropriate Byelaws or legislation or access to Driver Vehicle File held by the DOT these Private Fines are ultimately unenforceable.

Look at it as if there leaving a leaflet on your car advertising their business as they have no statutory power to fine you.

Local Authorities (or agents on their behalf), Airport Police,Harbour Police & Gardai are the only agencies permitted in the state I believe to enforce different legislation in relation to traffic & parking.

An Udaras

GCDLawstudent wrote: »

Griffith charge me for all the books I keep out to prop up various bit of furniture - I'll read one someday - and Blockbuster used to fine me. Surely if you're on private property you've accepted the terms for parking there?

Forgive my flippant reply and for calling you surely - genuinely missing something here!

Hi GCDLS,

Unless they take a civil action against the alleged offender for breaching a parking contract they have no criminal power for them to prosecute.

Hence why clamping immobilizes your vehicle until you pay crude but effective :-) unless a civil prosecution system is in place for offenders who don't pay a ticket it's just another piece of paper. A private company has no access to a vehicles owners details apart from writing down your Reg hence how are they meant to contact you/enforce it.