Should I just accept my punishment?

A Law

So i was running into get a sandwich in a shop for lunch and I was in a bit of a rush. Threw my car up on a path near a corner and a pedestrian crossing. It wasn't blocking traffic but it wasn't the ideal parking job. There was parking further down and I probably should of used that but hindsight is a great thing.

Anyway came out to find a bangarda. She read me the riot act which I took and was neither rude or disrespectable to her. Got the fine over a month later and it was two €40 fines, one for parking on yellow lines and one for parking on a footpath. Fair enough I was parked badly but it was only for 5 minutes and there was other cars on the foot paths as well.There isn't much parking around the shop so everyone parks there. If i had of just parked on the road I would have only got one fine but blocked up half the road.

Should I just shut up and take it or can i do anything?

Red Crow

joefuss1986 wrote: »

So i was running into get a sandwich in a shop for lunch and I was in a bit of a rush. Threw my car up on a path near a corner and a pedestrian crossing. It wasn't blocking traffic but it wasn't the ideal parking job. There was parking further down and I probably should of used that but hindsight is a great thing.

Anyway came out to find a bangarda. She read me the riot act which I took and was neither rude or disrespectable to her. Got the fine over a month later and it was two €40 fines, one for parking on yellow lines and one for parking on a footpath. Fair enough I was parked badly but it was only for 5 minutes and there was other cars on the foot paths as well.There isn't much parking around the shop so everyone parks there. If i had of just parked on the road I would have only got one fine but blocked up half the road.

Should I just shut up and take it or can i do anything?

If you want advice talk to a solicitor. But what do you think in fairness? It was a silly thing to do. Pay the €80 and you'll cause yourself less hassle.

celticcrash

Near a corner and a pedestrian crossing. Yea do the stupid thing tell your solicitor you want to contest it.

A Law

I probably will end up paying it as for all the hassle id have to go to, its only €40. i just feel hard done by as im not exactly a hardened criminal that the guards are trying to get one over on!

The Big Red Button

But the yellow lines are there for a reason, as is the footpath? And I assume the yellow lines were clearly marked, as you haven't stated otherwise?

What grounds would you be hoping to appeal on?

Zambia

The Garda are actual very easy going, just pay it.

wmpdd3

Pay it, i have a new found appreciation for the gardi

NoQuarter

Just as well there is no fine for being ridiculous.

A Law

Can i appeal it on the grounds if feeling hard done by!!

celticcrash

Your car could be blocking the view at the pedestrian crossing.
The ban garda left you off lightly. You wont get any sympathy here.
Man up and stop feeling sorry for yourself. You could have caused an accident.

Paulw

joefuss1986 wrote: »

Can i appeal it on the grounds if feeling hard done by!!

I'd love to see that being argued in court.

You parked illegally. It doesn't matter if it's 5 mins or 5 hours. Man up, and accept your punishment. :rolleyes:

nuac

joefuss1986 wrote: »

Can i appeal it on the grounds if feeling hard done by!!

I do hope you are joking. Pay up.

Judge likely to impose a lot more - might even disqualify you for a periond,

Crass stupidiity - sorry but used to advisiing as I see it.

A Law

Hence the exclamation marks.

James Jones

joefuss1986 wrote: »

Got the fine over a month later and it was two €40 fines, one for parking on yellow lines and one for parking on a footpath. Fair enough I was parked badly but it was only for 5 minutes and there was other cars on the foot paths as well.There isn't much parking around the shop so everyone parks there.

I bet they all had their hazard lights flashing though. You need to turn on your double yellow lights to park on the double yellow lines.

Marcusm

joefuss1986 wrote: »

Can i appeal it on the grounds if feeling hard done by!!

Absolutely you can appeal it and my recommendation is that you find a good solicitor and insist that they engage a senior counsel together with the(semi) obligatory junior. Why is this my advice? Simply because the fine of €40 means nothing to you and if you could incur a couple of thousands in costs to make you think next time.

It's not unusual for people to nip into a shop while stopped on double yellows and a blind eye is often turned. However, you performed a trifecta of parking on a pavement near a corner and near a crossing. For that a single fine should not be enough. Take your punishment and maybe give €80 to charity for the other fines you should have incurred.

coylemj

Guys, he put in exclamation marks, don't take everything he says seriously. I think the whole thread is a bit of a wind up TBH.

nuac

Of course the OP could come all lawyered up with solicitor, JC and SC. Also a senior consulting engineer to prove where he was was quite safe, or else that all the signs etc are in the wrong place and wrong size. Solr could also check that all formalities complied with in making or adopting any relevant byelaws or complying with all relevant statutory instruments.

Could also try some arguement under ECHR.

There may be a judge somewhere who would listen to this patiently, but I have never met one such.

Pay up

NoQuarter

Just tell them that the Road Traffic Statute is an act of government and you havent consented to it and are therefore not bound by it, mr. joe from the family fuss.

bananarama22

joefuss1986 wrote: »

So i was running into get a sandwich in a shop for lunch and I was in a bit of a rush. Threw my car up on a path near a corner and a pedestrian crossing. It wasn't blocking traffic but it wasn't the ideal parking job. There was parking further down and I probably should of used that but hindsight is a great thing.

Anyway came out to find a bangarda. She read me the riot act which I took and was neither rude or disrespectable to her. Got the fine over a month later and it was two €40 fines, one for parking on yellow lines and one for parking on a footpath. Fair enough I was parked badly but it was only for 5 minutes and there was other cars on the foot paths as well.There isn't much parking around the shop so everyone parks there. If i had of just parked on the road I would have only got one fine but blocked up half the road.

Should I just shut up and take it or can i do anything?

A lot of Gardaí have discretion, and will wait a few minutes. This sounds like a young zealous Garda trying to do her job to the best she was told (can't blam her for that). On the other hand, how was she to know whether you were already there 5 minutes, or 55 minutes. You technically were parked illegally, so I think you should just take it on the chin, move on, and accept your punishment, and count yourself lucky you didn't end up with a clamp.

blindsider

€80, but no points! You did well - I'd pay up and walk away quietly!

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf

Look at the entry 8 from the bottom......

*Slinks away quietly...*

James Jones

blindsider wrote: »

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf

I don't want to drag this off topic but I can't believe some of the stuff in the document provided by blindsider:

Driving on the hard shoulder on a motorway gets 1 point and so does Failure to drive on the left hand side of the road
Driving a vehicle on a motorway against the flow of traffic only gets two whereas Parking a vehicle in a dangerous position gets 5 points and a Mandatory Court appearance!

So if Joefuss gets caught speeding once and gets caught twice with his parking practices, he could lose his licence but someone who nips down the motorway the wrong way 5 times just gets 10 points!

A Law

coylemj wrote: »

Guys, he put in exclamation marks, don't take everything he says seriously. I think the whole thread is a bit of a wind up TBH.

not a wind up. i paid it anyway along with another €60 fine i got a week later for talking on the fone. karma! and feel free to take this off topic, im sick of being preached at!!!!!!!!!!! (put a few extra in to emphasis the humour!!)