parking fine

largemikelynch

Got a parking fine in sligo but knew nothing about it until I got a letter stating if I did not pay it I would be issued with a court summons. I phoned the council office to inform them this was the first I had heard of it and was wondering why I hadn't received any ticket or reminders before this one. They informed me that they that they had sent reminders (even though they were not obliged to) and if I hadn't received them to take it up with my local post office. I rang the post office who informed me if the reminders were not sent by registered post then they would have no record of them. I then rang the borough council and informed them that on the basis that I had not received a ticket or reminders that I felt strongly opposed to paying any fine. This was in February. I have since received a solicitors letter dated 8 may stating that if I did not pay the sum of €100 within 21 days in said solicitors office then I must appear in court to face charges of non payment on the 6th June. I have received my fair share of parking fines in sligo and have always said them on time. On principle I do not want to pay this one but what are my chances in court? Alternative is to pay before next Wednesday in the solicitors. What should I do?

Doom

Did you have a valid parking ticket up.........No = A fine.

promethius

i can't see any easier or cheaper way for you to resolve this than just pay the fine. i suspect you were caught fair and square from your post but remain open to correction.

il gatto

I would offer to pay the original fine but refuse any additional payment unless they could prove you were made aware of the initial fine. Otherwise every fine could be treated in the same way making a mockery of the set fines. Worth a try anyway. It never ceases to amaze me, the arrogance of some (I said some, not all) public servants in their dealings with citizens over petty infractions.

largemikelynch

They're saying the ticket was issued on 27/11/12 guys I found out about in early February at which point I had moved to Limerick. The car probably would have been parked on market Street on the day (as I worked on that street and parked there every day) but I don't have a valid ticket from the day cos of the amount of time that elapsed. Had I got a parking fine I would have paid it as I had any other time. Any other time I got a parking fine it was because the ticket I had put on my car expired. In this case there was no fine and no reminders until the threat of the summons??

promethius

il gatto wrote: »

I would offer to pay the original fine but refuse any additional payment unless they could prove you were made aware of the initial fine. Otherwise every fine could be treated in the same way making a mockery of the set fines. Worth a try anyway. It never ceases to amaze me, the arrogance of some (I said some, not all) public servants in their dealings with citizens over petty infractions.

you'd have to argue this in court i'd imagine, the difference between the original fine ammount and the €100 would be consumed by fuel and travel expenses alone (not to mention a lost days work). it sucks but paying it unless it can be sorted directly with the council is the easiest cheapest way to sort this. just my take, i think your reasoning above makes sense.

largemikelynch

promethius wrote: »

you'd have to argue this in court i'd imagine, the difference between the original fine ammount and the €100 would be consumed by fuel and travel expenses alone (not to mention a lost days work). it sucks but paying it unless it can be sorted directly with the council is the easiest cheapest way to sort this. just my take, i think your reasoning above makes sense.

I've thought along those lines aswell and agree logically with everything you've said the only thing stopping me from doing it is my gut feeling is that I shouldn't pay it on principle. Just worried about how the judge will see it? Thanks for all your advice.

il gatto

promethius wrote: »

you'd have to argue this in court i'd imagine, the difference between the original fine ammount and the €100 would be consumed by fuel and travel expenses alone (not to mention a lost days work). it sucks but paying it unless it can be sorted directly with the council is the easiest cheapest way to sort this. just my take, i think your reasoning above makes sense.

Probably. I know a guy that had issues with fines and came to a resolution where he only paid a few out of a couple of dozen. Basically he lived in the town centre and had a residents permit. One year they split his street in two and told him he could only park on the half he lived on. Problem was there was only parking for half the car owners on his street. As such, he had to park on the other half. He got tickets, contacted them and then kept getting tickets. He went in and asked why his apartment block had been given planning without any resident parking and they hmmmed and hawwwed before conceding the point. He paid one or two and they binned the rest.
Parking fines are not statutory. The corporations/councils can enforce them as they see fit. That means they can also cancel them if they want.

Kettleson

I'd pay the fine if it was me. You could probably argue the case before the judge/magistrate, but you're on a sticky wicket, and your few minutes to argue the case would have to be mega convincing, Kavannagh QC sorta thing.

If you want to strike a blow for the rights of the common man, then fire ahead, but some things just aren't worth the hassle and stress.

il gatto

Kettleson wrote: »

I'd pay the fine if it was me. You could probably argue the case before the judge/magistrate, but you're on a sticky wicket, and your few minutes to argue the case would have to be mega convincing, Kavannagh QC sorta thing.

If you want to strike a blow for the rights of the common man, then fire ahead, but some things just aren't worth the hassle and stress.

I meant confront (as in ask to meet politely) the corporation official (or representative) who directed that the solicitor's letter be sent in a bid to pay the initial ticket only and avert court. I wouldn't recommend or bother doing it in the courts. Not worth the hassle.

T-Bird

I'd argue every step of the way as I don't like meeting things go.

Also,I went to visit the court for a project at the IT. It might be worth being a spectator there on a Tuesday morning when the court is in session, quite a few cases were off similar ilk. A lot of contributions were made to charities...

largemikelynch

Hey guys Thanks for all the advice I went to citizens advice and they said that I could end up going down to sligo on the 6th and the case might not even be heard so between taking days off work and travel expenses it just wouldn't be worth it as the judge could find against me too. So I rang the council office and had a chat with them and paid the €60 for the fine and they waived the €40 solicitors fee which wasn't too bad. It's still annoying on principle though! Thanks again

il gatto

A result of sorts. Fair play