Parking summons

pudzey101

Got my first parking summons today ( of about 15) in court for 3rd feb 2015.

This one was dating back to 4th July . What happens with all my other ones will they come separate or will they be heard on the day I'm in court .

dr.fuzzenstein

You have 15 summonses? How you manage that?

pudzey101

For parking outside my own house , they only issue 1 permit per household

Interslice

I'd be bringing proof of living there and evidence of the other 15 summonses your expecting. Also explain that you need to the car to get to work/college or something. Letters from employer/college admin. Judge will hopefully show some common sense.

dr.fuzzenstein

pudzey101 wrote: »

For parking outside my own house , they only issue 1 permit per household

Dude that sucks.
Where do you live? The fact that its court summonses means its not a private complex, so its on street parking.

pudzey101

tipperary on a main street ! , im just wondering , i checked today iv 14 parking offences since july , will they be all heard on my court date or will they be 1 by 1 ?

BreadnBuddha

You might have a look here for a pointer on some additional actions you could take. This worked in Kerry, so perhaps it's worth making enquiries to see if the bye-laws in your own county or town council fall down in the same way.

For attendance in court, I'd be suggesting a solicitor might be a good idea if you have a total of 15 summons expected at this point. They'll be in a position to handle the matter quickly and efficiently with the judge in the context of a refusal from the council to issue you with a permit.

https://www.ombudsman.gov.ie/en/Publications/Annual-Reports/Previous-Annual-Reports/2008-Annual-Report/Local-Authorities.html

Tralee Town Council
A resident of Tralee Town Council was refused a resident parking permit on the basis that another member of the household was in receipt of a permit and the council's policy was that only one permit would issue per household.

The town council had issued several parking fines to several members of the household, including a court summons to one member of the household for non-display of a valid parking disc/parking permit.

The council's solicitor withdrew the summons on the day of the court appearance as "there was no reasonable prospect of success on the matter, no legal basis for the practice of restricting one permit per dwelling, and any such practice operated by Tralee Town Council is contrary to the provisions of the bye-laws".

However the council continued to restrict the grant of parking permits to one per household and continued to issue parking fines to residents for parking in the area without displaying a permit / valid parking disc.

Following discussion with my Office, the council accepted that the practice it followed was not supported by its bye-laws and undertook to change its practice. It agreed:

To compensate my complainant in relation to any legal fees incurred,
To Issue additional permits to qualifying residents, and
Not to issue summonses in relation to the traffic fines in this case.
The council advised that it planned to conduct a reassessment of its bye-laws and bring forward amended and updated bye-laws for public consultation, in order to clarify a number of matters.

Henry Ford III

Why didn't you park somewhere else?

Toyotafanboi

Henry Ford III wrote: »

Why didn't you park somewhere else?

because, if it's anything like my house in Waterford city centre, "anywhere else" within say a miles radius will cost €2 per hour (€90 per week) to park in unless you have a residents permit.

we had to make a choice as to which car we would get a permit for and which would live at mrs. fanboi's parents house, otherwise we'd have to pay city parking rates on it full time.

this wasn't too bad as we are a couple insured on each others cars, but if it was a house share with 2 separate people, both car owners, it would be a nightmare.

dr.fuzzenstein

It's the master plan to rid our cities of the evil of cars.
Just have nowhere for them to park, problems solved, we are so smart, let's go down the pub.
That's as far as the thinking goes.
Same principle for sportsgrounds. Massive match or concert on? Simply don't provide parking, ergo no cars, problem solved.

Guy:Incognito

Toyotafanboi wrote: »

because, if it's anything like my house in Waterford city centre, "anywhere else" within say a miles radius will cost €2 per hour (€90 per week) to park in unless you have a residents permit.
.

Parking it there anyway and getting fined is hardly the answer.

dr.fuzzenstein wrote: »

It's the master plan to rid our cities of the evil of cars.
Just have nowhere for them to park, problems solved, we are so smart, let's go down the pub.
That's as far as the thinking goes.
Same principle for sportsgrounds. Massive match or concert on? Simply don't provide parking, ergo no cars, problem solved.

If only the people a couple of hundred years ago thought of parking then everything would be grand.

Parking wasn't such a big issue around Croke Park in 1884 or Landsdowne road in 1872

Valetta

dr.fuzzenstein wrote: »

It's the master plan to rid our cities of the evil of cars.
Just have nowhere for them to park, problems solved, we are so smart, let's go down the pub.
That's as far as the thinking goes.
Same principle for sportsgrounds. Massive match or concert on? Simply don't provide parking, ergo no cars, problem solved.

No.

It's simply a matter of space.

Generally there is only space for two cars on the road in front of a house in a town setting.

Giving out any more permits than that would be ridiculous.

dr.fuzzenstein

Well, this post seems to point in the right direction. So parking there anyway and challenging the legality of their one permit policy seems to be the way to go.

BreadnBuddha wrote: »

You might have a look here for a pointer on some additional actions you could take. This worked in Kerry, so perhaps it's worth making enquiries to see if the bye-laws in your own county or town council fall down in the same way.

For attendance in court, I'd be suggesting a solicitor might be a good idea if you have a total of 15 summons expected at this point. They'll be in a position to handle the matter quickly and efficiently with the judge in the context of a refusal from the council to issue you with a permit.

https://www.ombudsman.gov.ie/en/Publications/Annual-Reports/Previous-Annual-Reports/2008-Annual-Report/Local-Authorities.html

Tralee Town Council
A resident of Tralee Town Council was refused a resident parking permit on the basis that another member of the household was in receipt of a permit and the council's policy was that only one permit would issue per household.

The town council had issued several parking fines to several members of the household, including a court summons to one member of the household for non-display of a valid parking disc/parking permit.

The council's solicitor withdrew the summons on the day of the court appearance as "there was no reasonable prospect of success on the matter, no legal basis for the practice of restricting one permit per dwelling, and any such practice operated by Tralee Town Council is contrary to the provisions of the bye-laws".

However the council continued to restrict the grant of parking permits to one per household and continued to issue parking fines to residents for parking in the area without displaying a permit / valid parking disc.

Following discussion with my Office, the council accepted that the practice it followed was not supported by its bye-laws and undertook to change its practice. It agreed:

To compensate my complainant in relation to any legal fees incurred,
To Issue additional permits to qualifying residents, and
Not to issue summonses in relation to the traffic fines in this case.
The council advised that it planned to conduct a reassessment of its bye-laws and bring forward amended and updated bye-laws for public consultation, in order to clarify a number of matters.

Henry Ford III

Guy:Incognito wrote: »

Parking it there anyway and getting fined is hardly the answer.

15 times. Perhaps one of his brothers robbed the keys and parked it there?

Toyotafanboi

Guy:Incognito wrote: »

Parking it there anyway and getting fined is hardly the answer.

i agree, it's probably something you should have sorted before you moved in, or not moved in on account of it.

i can imagine it's quite a frustrating situation to be in now never the less. estate agents will tell you anything to get you in the door of a place, maybe they told him a second permit wouldn't be an issue, now he's signed a years contract and can't park his car.

dr.fuzzenstein

Valetta wrote: »

No.

It's simply a matter of space.

Generally there is only space for two cars on the road in front of a house in a town setting.

Giving out any more permits than that would be ridiculous.

OP only has one. Well if there's space for two, there's no problem then, amirite?

pudzey101

Its a whole street there is space for about 30-50 cars , and theres always a spot outside my own door for my car 99% of the time, legal advice given was not to "pay a penny"

Im assuming most of ye live on private property, or an estate type housing where pay and display parking is not needed.

Henry Ford III

pudzey101 wrote: »

Its a whole street there is space for about 30-50 cars , and theres always a spot outside my own door for my car 99% of the time, legal advice given was not to "pay a penny"

Im assuming most of ye live on private property, or an estate type housing where pay and display parking is not needed.

So the 15 parking tickets relate to the other 1% of the time?

Toyotafanboi

Henry Ford III wrote: »

So the 15 parking tickets relate to the other 1% of the time?

he doesn't have a permit for the space. even if the space is there 100% of the time and he uses it 100% of the time, he'l still get a fine every time he's spotted because he has no permit.

pudzey101

i do have a permit , 2 car reg's are on it (mine and someone elses) ticket warden still pereceeds to ticket me even with permit in clear view

Toyotafanboi

pudzey101 wrote: »

i do have a permit , 2 car reg's are on it (mine and someone elses) ticket warden still pereceeds to ticket me even with permit in clear view

ok, so you have a permit, it's on your windscreen, you're parked in the right area and you're getting tickets?

that's me stumped.

Guy:Incognito

pudzey101 wrote: »

i do have a permit , 2 car reg's are on it (mine and someone elses) ticket warden still pereceeds to ticket me even with permit in clear view

Have you tried discussing the issue with the council or the wardens(s) ?

Presumably you can only have 1 car parked there with the permit at a time, ie its for use on either one car or the other, not both at the same time, and you don't have both cars parked at the same time in an attempt to share the permit?