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Court Summons - Parking Offence

  • 15-02-2014 3:51pm
    #1
    Fanny Brioscaí
    Closed Accounts Posts: 139 ✭✭


    I received a court summons for a parking offense.

    Parked on a section of roadway with less than 3 traffic lanes and where traffic sign number RRM ( continuous white line ) has been provided, in contravention of article 36 (2) (d) of the road traffic ( Traffic and Parking ) regulations, 1997.

    I never received a fine in the post for the offense, so when i attend court, if i plead not guilty to the offense i am charged with, what i can expect to happen? The court summons has my correct details, address, car registration details so they have proof, it's my word against theirs that i did not receive a fine?

    If i received the fine it would have been paid immediately.


Comments

  • #2
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Quaint wrote: »
    I received a court summons for a parking offense.

    Parked on a section of roadway with less than 3 traffic lanes and where traffic sign number RRM ( continuous white line ) has been provided, in contravention of article 36 (2) (d) of the road traffic ( Traffic and Parking ) regulations, 1997.

    I never received a fine in the post for the offense, so when i attend court, if i plead not guilty to the offense i am charged with, what i can expect to happen? The court summons has my correct details, address, car registration details so they have proof, it's my word against theirs that i did not receive a fine?

    If i received the fine it would have been paid immediately.

    What part of this country was this, while it is not a new reg, I have heard of a few recent enforcements in DLR


  • #3
    Fanny Brioscaí
    Closed Accounts Posts: 139 ✭✭Fanny Brioscaí


    GerardKeating wrote: »
    What part of this country was this, while it is not a new reg, I have heard of a few recent enforcements in DLR

    It was in Dublin. I'm guilty of the parking offense so i will plead guilty, but i never received a fine in the post. The place where the offense took place, on a Saturday & Sunday you will find 20 cars parked the same way i was parked. I was ignorant of the rule.

    The guard pursuing the case is on a serious power trip imo, a rant for another day.


  • #4
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Ignorantia jurit non excusa.
    Garda on a "serious power trip" If he was on a power trip every car would be ticketed.
    Fishermen don't take all the fish from the river just the ones stupid enough to bite the bait


  • #5
    Fanny Brioscaí
    Closed Accounts Posts: 139 ✭✭Fanny Brioscaí


    Santa Cruz wrote: »
    Ignorantia jurit non excusa.
    Garda on a "serious power trip" If he was on a power trip every car would be ticketed.

    Why isn't he at the same spot every weekend dishing out parking fines? It's a well known spot, i could go there tomorrow morning and take a photo of 30 plus cars all parked exactly the same way i did.


  • #6
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Quaint wrote: »
    Why isn't he at the same spot every weekend dishing out parking fines? It's a well known spot, i could go there tomorrow morning and take a photo of 30 plus cars all parked exactly the same way i did.

    I don't know. You will have the opportunity to ask him when you go to court.
    Be aggressive as you can towards him. The Judges look very favourably on that behaviour


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  • #7
    Fanny Brioscaí
    Closed Accounts Posts: 139 ✭✭Fanny Brioscaí


    Santa Cruz wrote: »
    Be aggressive as you can towards him. The Judges look very favourably on that behaviour

    I'll have a little word in his ear on the way out when it's thrown out for failure to issue a fine.


  • #8
    Hootanany
    Registered Users, Registered Users 2 Posts: 5,477 ✭✭✭Hootanany


    Santa Cruz wrote: »
    I don't know. You will have the opportunity to ask him when you go to court.
    Be aggressive as you can towards him. The Judges look very favourably on that behaviour

    That's not very nice now is it, bad hair day


  • #9
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Quaint wrote: »
    I'll have a little word in his ear on the way out when it's thrown out for failure to issue a fine.

    Check the Road Traffic Act. There is no obligation to issue a ticket. A summons can be issued without a ticket being issued.


  • #10
    Fanny Brioscaí
    Closed Accounts Posts: 139 ✭✭Fanny Brioscaí


    Santa Cruz wrote: »
    Check the Road Traffic Act. There is no obligation to issue a ticket. A summons can be issued without a ticket being issued.

    The summons mentions failure to pay fine so it was issued.

    Unless you have anything of interest to say, and so far you haven't then don't bother!


  • #11
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Quaint wrote: »
    The summons mentions failure to pay fine so it was issued.

    Unless you have anything of interest to say, and so far you haven't then don't bother!

    If a ticket was put on your car and removed by some "well meaning passerby" the issue of a summons is correct. It will depend on the evidence given. The fact that there was no ticket there when you returned does not mean one was not issued. Evidence will be given that you were parked illegally. That is what you will have to deal with


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  • #12
    Fanny Brioscaí
    Closed Accounts Posts: 139 ✭✭Fanny Brioscaí


    Santa Cruz wrote: »
    Evidence will be given that you were parked illegally. That is what you will have to deal with

    I have no problem with this part, i agree i was ignorant. I remember the day very well, lovely sunny day with blue sky's. I look forward to the guard producing his evidence of the fine.


  • #13
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Quaint wrote: »
    I have no problem with this part, i agree i was ignorant. I remember the day very well, lovely sunny day with blue sky's. I look forward to the guard producing his evidence of the fine.

    He will give evidence that he caused a fixed penalty notice to be issued, you will give evidence that you never received it. Then its up to the judge what he wants to do. If it goes against you then you have to appeal to Circuit Court. If lucky just a couple of hours each day if unlucky a whole day wasted.


  • #14
    Kristopherus
    Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    infosys wrote: »
    He will give evidence that he caused a fixed penalty notice to be issued, you will give evidence that you never received it. Then its up to the judge what he wants to do. If it goes against you then you have to appeal to Circuit Court. If lucky just a couple of hours each day if unlucky a whole day wasted.

    Ah. yea, if OP loses in District Court, unless he has very good grounds, it would be chancey to appeal to the Circuit Court. Because if he loses there he will have to pay the costs, which will amount to many times the original fine.


  • #15
    Fanny Brioscaí
    Closed Accounts Posts: 139 ✭✭Fanny Brioscaí


    Kristopherus wrote: »
    Ah. yea, if OP loses in District Court, unless he has very good grounds, it would be chancey to appeal to the Circuit Court. Because if he loses there he will have to pay the costs, which will amount to many times the original fine.

    I will accept the charge so i will have no need to appeal. I am interested in the guards evidence of issuing the parking fine, which i never received.


  • #16
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Kristopherus wrote: »
    Ah. yea, if OP loses in District Court, unless he has very good grounds, it would be chancey to appeal to the Circuit Court. Because if he loses there he will have to pay the costs, which will amount to many times the original fine.

    I have only every seen costs awarded in certain local authority prosecutions, I have never seen costs given in Garda Prosecutions.


  • #17
    WayneScott
    Registered Users, Registered Users 2 Posts: 242 ✭✭WayneScott


    Quaint wrote: »
    I will accept the charge so i will have no need to appeal. I am interested in the guards evidence of issuing the parking fine, which i never received.
    why not ask the superintendent why the cop does not ticket all of them


  • #18
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Santa Cruz wrote: »
    Check the Road Traffic Act. There is no obligation to issue a ticket. A summons can be issued without a ticket being issued.
    Quaint wrote: »
    The summons mentions failure to pay fine so it was issued.

    Unless you have anything of interest to say, and so far you haven't then don't bother!

    At the risk of backseat modding, that comment is out of order. You never mentioned up to that point that the summons referred to a failure to pay a ticket and as far as I'm aware, you do not need to get a ticket for any RTA offence.

    A Garda can issue a summons for any and all parking offences without issuing a ticket. S.103 allows for a 'notice' (a ticket) to be issued in respect of a scheduled list of offences, that does not preclude such an offence from being prosecuted in the old-fashioned way if the Garda happens to have no book of tickets at the time or if they are in the patrol car, observe the offence and simply don't have the time to write a ticket.


  • #19
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    WayneScott wrote: »
    why not ask the superintendent why the cop does not ticket all of them

    1. If a ticket was issued then then the Garda should have the book which has a true copy. If he has mislaid or lost this book you may get the benefit of the doubt if you challenge it.

    2. There's no point in asking the Superintendent why all the other cars were not ticketed. Gardaí have a discretion (Thank God!) and are not obliged to hammer every driver. This man was just unlucky that he was the chosen one. Maybe his car was particularly badly parked or some other reason why he was summonsed.


  • #20
    dang
    Registered Users, Registered Users 2 Posts: 32 ✭dang


    Hi,

    I am hoping someone on this thread can help me. I might be getting a summons to court over a TV License. To cut a long story short I don't have a TV, I watch everything online. Inspector says I have a TV. I have 2 questions:

    1) Do you know how long it takes for the summons to get to me once an post start the procedure of logging it?

    2) I am due to go on holiday next month. If the court date is on one of the days I am not in the country what are my options?

    Thanks


  • #21
    Sir Humphrey Appleby
    Closed Accounts Posts: 3,465 ✭✭✭Sir Humphrey Appleby


    Quaint wrote: »
    I will accept the charge so i will have no need to appeal. I am interested in the guards evidence of issuing the parking fine, which i never received.

    As the law stands a claim that a fixed penalty notice was never received is not a valid defence.


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  • #22
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #23
    Fanny Brioscaí
    Closed Accounts Posts: 139 ✭✭Fanny Brioscaí


    Does anyone know what is likely to happen in court. I imagine the judge will issue a fine and i presume he can decide how much?


  • #24
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #25
    sopretty
    Closed Accounts Posts: 3,009 ✭✭✭sopretty


    I got a registered letter in the post about a year ago (which I stupidly signed for, sure I was about to receive a lump sum from some mysterious foreign deceased member of my family or something). It was a fine for a littering offence (a cigarette butt - hang me now!). The fact that I signed for it, was proof that I had received it. I don't know how they can prove you received the fine in your case though? If you didn't receive the fine, you didn't receive the fine. Just state that at court and see what happens I guess!


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