Case to fight parking fine?

JDD10

Hi,

I got a parking ticket in the post today for over a month ago. The area in question is in a medium sized rural town, I am pretty familiar with it or so I thought!

The area in question is a small residential area, where I park there are no yellow lines or white lines. It is a common place for people to park. There are no traffic signs or parking signs.

The offence that the ticket states is that I was parked opposite a continuous white line.

I genuinely didn't realise that it was illegal to park in this area, so I called into the local Garda Station, the Garda told me that a lot of the local residents are going into the Garda Station everyday complaining about people parking there and obstructing the footpath etc. but I wasn't parked on the footpath or in front of a gateway.

She also told me that several people who received parking fines from this same spot have been in to complain/query too.

She told me that I could write a letter to the Super outlining my case. She also got the Garda who issued the ticket to ring me; he said the same thing about the local residents complaining about people parking there, that the residents would like to have double yellow lines going all the way down the area. He said that it is an offence to park opposite a continuous white line.


Would I have a case in writing a letter to the Super, as she stated, or was that a procedural line that she was telling me? It is interesting that they both mentioned that local residents are complaining, they seem to be under pressure from them in relation to the overall parking in the area.

I have a clean record, never even had as much as a penalty point!

Also, it is a local town, where I work, I don't want to be annoying the local Gardaí or getting on the wrong side of them, but I really didn't know that I was at risk of getting a parking ticket there.

Any thoughts?

ezra_pound

JDD10 wrote: »

Hi,

I got a parking ticket in the post today for over a month ago. The area in question is in a medium sized rural town, I am pretty familiar with it or so I thought!

The area in question is a small residential area, where I park there are no yellow lines or white lines. It is a common place for people to park. There are no traffic signs or parking signs.

The offence that the ticket states is that I was parked opposite a continuous white line.

I genuinely didn't realise that it was illegal to park in this area, so I called into the local Garda Station, the Garda told me that a lot of the local residents are going into the Garda Station everyday complaining about people parking there and obstructing the footpath etc. but I wasn't parked on the footpath or in front of a gateway.

She also told me that several people who received parking fines from this same spot have been in to complain/query too.

She told me that I could write a letter to the Super outlining my case. She also got the Garda who issued the ticket to ring me; he said the same thing about the local residents complaining about people parking there, that the residents would like to have double yellow lines going all the way down the area. He said that it is an offence to park opposite a continuous white line.


Would I have a case in writing a letter to the Super, as she stated, or was that a procedural line that she was telling me? It is interesting that they both mentioned that local residents are complaining, they seem to be under pressure from them in relation to the overall parking in the area.

I have a clean record, never even had as much as a penalty point!

Also, it is a local town, where I work, I don't want to be annoying the local Gardaí or getting on the wrong side of them, but I really didn't know that I was at risk of getting a parking ticket there.

Any thoughts?

You were illegally parked. Why should you be let off? I don't understand.

time lord

I have access to relevant data from some local authorities and that particular fine is very seldom issued. It must suit the given location though. There are quite a few traffic offences that would not be readily known about but not knowing them is seldom accepted as grounds for appeal.
Hope I was of some help. :rolleyes:

ezra_pound

time lord wrote: »

I have access to relevant data from some local authorities and that particular fine is very seldom issued. It must suit the given location though. There are quite a few traffic offences that would not be readily known about but not knowing them is seldom accepted as grounds for appeal.
Hope I was of some help. :rolleyes:

That particular fine is often issued in dun laoghaire rathdowne county council for one. What does frequency have to do with anything? Murder is relatively rare a crime in Connemara but that doesn't mean that it should be wavered.

ezra_pound

time lord wrote: »

It must suit the given location though.

Fact a. That a single continuous white line was placed here

And

Fact b. Local residents have been vexed by people illegally parking here to such a degree that they complained to the gardai

would both imply that this is indeed the case.

time lord

ezra_pound wrote: »

That particular fine is often issued in dun laoghaire rathdowne county council for one. What does frequency have to do with anything? Murder is relatively rare a crime in Connemara but that doesn't mean that it should be wavered.

I never said it should be wavered. How rare an offence is can often stimulate the use of discretion even after the fact. Example bog owner fells a tree or two and receives a summons.

Clearlier

You won't lose anything by writing the letter. I'm aware of a similar scenario where somebody wrote a letter and the ticket was waived. It was about 20 years ago though and things have probably moved on a little.

the_syco

ezra_pound wrote: »

Fact a. That a single continuous white line was placed here

If you see where he said...

JDD10 wrote: »

The area in question is a small residential area, where I park there are no yellow lines or white lines. It is a common place for people to park. There are no traffic signs or parking signs.

... it seems the residents are complaining about something that should be there, but isn't.

mitosis

Ignorance of the rules is not going to get you off a ticket. It is not new that you may not park where there is a solid white line.

The Glass Key

Now I knew it was an offence to park where the road has a continuous white line, but I was under the impression it was only an offence if my parking forced another road user to go over the continuous white line to pass? Is that correct or as is more likely the case have I dreamed that?

coylemj

JDD10 wrote: »

Would I have a case in writing a letter to the Super, as she stated, or was that a procedural line that she was telling me?

Either she's a complete idiot or she said that just to get rid of you. Once a summons has been issued, the Gardai can do nothing about it and you have no business writing a letter to the local Supt. - you have to go to court.

JDD10 wrote: »

It is interesting that they both mentioned that local residents are complaining, they seem to be under pressure from them in relation to the overall parking in the area.

Bread and butter stuff for a small town Garda station. The Gardai have to act if enough people complain about illegal activity.

JDD10 wrote: »

Also, it is a local town, where I work, I don't want to be annoying the local Gardaí or getting on the wrong side of them, but I really didn't know that I was at risk of getting a parking ticket there.

You don't seriously think the local Gardai take this stuff personally - like you'll be a marked man from now on because you parked opposite a white line?

FFS just go to court, apologise to the judge with the perfectly reasonable excuse that you didn't know that parking opposite a continuous line was an offence. You'll get a small fine, pay it and then just forget about it.

The OP received a parking ticket not a summons.

The guard is not an idiot.
If you feel you have a legitimate reason to cancel a ticket than you can write to the superintendent to cancel same.

Of course, given recent outrage against such things, I wouldn't hold my breath.

Also, unfortunately for you, ignorance of the law is no defence. ( I don't mean you are ignorant by thus OP)

Lmklad

coylemj wrote: »

Either she's a complete idiot or she said that just to get rid of you. Once a summons has been issued, the Gardai can do nothing about it and you have no business writing a letter to the local Supt. - you have to go to court.



Bread and butter stuff for a small town Garda station. The Gardai have to act if enough people complain about illegal activity.



You don't seriously think the local Gardai take this stuff personally - like you'll be a marked man from now on because you parked opposite a white line?

FFS just go to court, apologise to the judge with the perfectly reasonable excuse that you didn't know that parking opposite a continuous line was an offence. You'll get a small fine, pay it and then just forget about it.

It's a ticket, not a summons. That's why she suggested the letter to the super, so looks like she's not the idiot.....

timmy4u2

JDD10 wrote: »

Hi,

I got a parking ticket in the post today for over a month ago. The area in question is in a medium sized rural town, I am pretty familiar with it or so I thought!

The area in question is a small residential area, where I park there are no yellow lines or white lines. It is a common place for people to park. There are no traffic signs or parking signs.

The offence that the ticket states is that I was parked opposite a continuous white line.

I genuinely didn't realise that it was illegal to park in this area, so I called into the local Garda Station, the Garda told me that a lot of the local residents are going into the Garda Station everyday complaining about people parking there and obstructing the footpath etc. but I wasn't parked on the footpath or in front of a gateway.

She also told me that several people who received parking fines from this same spot have been in to complain/query too.

She told me that I could write a letter to the Super outlining my case. She also got the Garda who issued the ticket to ring me; he said the same thing about the local residents complaining about people parking there, that the residents would like to have double yellow lines going all the way down the area. He said that it is an offence to park opposite a continuous white line.


Would I have a case in writing a letter to the Super, as she stated, or was that a procedural line that she was telling me? It is interesting that they both mentioned that local residents are complaining, they seem to be under pressure from them in relation to the overall parking in the area.

I have a clean record, never even had as much as a penalty point!

Also, it is a local town, where I work, I don't want to be annoying the local Gardaí or getting on the wrong side of them, but I really didn't know that I was at risk of getting a parking ticket there.

Any thoughts?

You parked opposite a continious white line, that is an offence; end of.
But many people do not realise this in a town situation.
You will sometimes get signs designating that you can park in a certain area even though there is a continious white line.
The Superintendent can cancel the ticket and then he should get off his a●€e and have the council place double or single yellow lines along the area that is the subject of the complaints. He is responsible for traffic management.

coylemj

bubblypop wrote: »

The OP received a parking ticket not a summons.

Lmklad wrote: »

It's a ticket, not a summons. That's why she suggested the letter to the super, so looks like she's not the idiot.....

My bad, mea culpa.

OP, write to the super if you like but I'd pay the fine. There is no earthly reason why the super should cancel the ticket.

timmy4u2

coylemj wrote: »

My bad, mea culpa.

OP, write to the super if you like but I'd pay the fine. There is no earthly reason why the super should cancel the ticket.

I have seen many of them cancelled. The Super will take cognisance of the genuineness of the appelant, the fact that one would normally expect in a town that such an area would be governed by a sign or yellow lines thus the greater chance of confusion where these directions do not exist.
Also the Gardai do not issue such tickets for monetary gain, they are issued to deter such parking and obstruction, so you should have strong mitigating circumstances as the message seems to have sunken in..

The moneymakers are the designated parking areas and time limited parking overseen by the Urban Council and a Garda is not authorised to issue tickets for such breaches.

Five Lamps

timmy4u2 wrote: »

I have seen many of them cancelled. The Super will take cognisance of the genuineness of the appelant, the fact that one would normally expect in a town that such an area would be governed by a sign or yellow lines thus the greater chance of confusion where these directions do not exist.
Also the Gardai do not issue such tickets for monetary gain, they are issued to deter such parking and obstruction, so you should have strong mitigating circumstances as the message seems to have sunken in..

The moneymakers are the designated parking areas and time limited parking overseen by the Urban Council and a Garda is not authorised to issue tickets for such breaches.

If the Super does that he should be sacked.

Every driver should know that parking where there is a continuous white line is an offence whether it's in the middle of nowhere, a small town or in a city. Unless of course there are designated parking spaces signed.

Simple solution is pay your ticket and park elsewhere.

slimjimmc

Five Lamps wrote: »

If the Super does that he should be sacked.

Every driver should know that parking where there is a continuous white line is an offence whether it's in the middle of nowhere, a small town or in a city. Unless of course there are designated parking spaces signed.

Simple solution is pay your ticket and park elsewhere.

I agree he should take the hint and park elsewhere but his OP states "there are no yellow lines or white lines". If he can verify there is in fact no continuous white line on that section of the road and not just a very faded one then surely there was no offence and the penalty notice is invalid?

Cian92

Make sure you write a letter to the superintendent, what do you have to lose? Be polite and chance your arm. You could easily get off, lots of different technicalities can get you off a parking fine. I've heard of someone who parked on a double yellow line get off before because the lines didn't end with a T-bar.

To the people taking the moral high ground on this, get over it. It's something small, if you can avoid paying a few quid you might aswell.

timmy4u2

Five Lamps wrote: »

If the Super does that he should be sacked.

Every driver should know that parking where there is a continuous white line is an offence whether it's in the middle of nowhere, a small town or in a city. Unless of course there are designated parking spaces signed.

Simple solution is pay your ticket and park elsewhere.

No, he should not and he will not. The Gardai are not there to pounce on every misdemeanour and again towns can be confusing to the unsuspecting as there are many designated parking areas co-existing with continious white lines.

schemingbohemia

JDD10 wrote: »

Hi,

I got a parking ticket in the post today for over a month ago. The area in question is in a medium sized rural town, I am pretty familiar with it or so I thought!

The area in question is a small residential area, where I park there are no yellow lines or white lines. It is a common place for people to park. There are no traffic signs or parking signs.

The offence that the ticket states is that I was parked opposite a continuous white line.

I genuinely didn't realise that it was illegal to park in this area, so I called into the local Garda Station, the Garda told me that a lot of the local residents are going into the Garda Station everyday complaining about people parking there and obstructing the footpath etc. but I wasn't parked on the footpath or in front of a gateway.

She also told me that several people who received parking fines from this same spot have been in to complain/query too.

She told me that I could write a letter to the Super outlining my case. She also got the Garda who issued the ticket to ring me; he said the same thing about the local residents complaining about people parking there, that the residents would like to have double yellow lines going all the way down the area. He said that it is an offence to park opposite a continuous white line.


Would I have a case in writing a letter to the Super, as she stated, or was that a procedural line that she was telling me? It is interesting that they both mentioned that local residents are complaining, they seem to be under pressure from them in relation to the overall parking in the area.

I have a clean record, never even had as much as a penalty point!

Also, it is a local town, where I work, I don't want to be annoying the local Gardaí or getting on the wrong side of them, but I really didn't know that I was at risk of getting a parking ticket there.

Any thoughts?

Was there or was there not a continuous white line (in the middle of the road to clarify) where you parked?

Yes = pay up and be mortified that you didn't know this was illegal
No = write to Super.

Five Lamps

OP - pop up a street view image and let this be settled here!

timmy4u2

Five Lamps wrote: »

OP - pop up a street view image and let this be settled here!

I dont think that a reprieve depends on the non existence of a white line.
IF there is not a white line then no offence exists unless of course there could be a case of obstruction, and that was not suggested.

N