How many times in and hour or day can you be fined for same parking offence !

magggiemay

Hi folks, would anyone know how many times in the one hour or day can you be fined for the same parking offence..My son was driving my car and it seems he parked in a disabled spot.. I recievd the summons as the car is registered to me , the fine was giving at 00.05 am at night and a fine for €80 .
Have no problem with that because he most certainly should NOT have parked in a disabled spot regardless of what time of the day or night it was. But yesterday i received another fine for the same offence in the same spot 20 minutes after the first offence . They are by two different garda. I cant find any information on where i could get this information on line so before i ring the gardai in question i would like to know my facts . Any help would be greatly appreciated thanks !

MarkAnthony

I'd try the approach of very sorry garda for him bing a little toe rag but I got 2 fines ect ect first before any possibility of the words 'I know my rights' entering into the conversation.

You can always have the I know my rights conversation later if needed.

Little CuChulainn

No point approaching the local Garda. They can't get tickets cancelled anymore in situations like this. You can try contacting the FCP office on 1890 30 40 60

whomitconcerns

Maybe him paying double the fine Will teach him a lesson? No sympathy for disabled spot parkers..sorry...

But being devils advocate for a second... I'm pretty sure he can't be fined twice

magggiemay

Thanks for all your replies ,
Unfortunately it is me that will have to pay both fines as he is a student and the car is registered to me ... Yes I, 100% agree, he most certainly should not have parked in a disabled spot at any hour of the day or at 00.20 at night when he did. I was hoping to see it printed somewhere as to how many fines you can get for the same offence .. I will ring the FCP office and see what the story is but i'm guessing its going to be that the two fines will have to be paid ....

Losty Dublin

Would this not be a case of being fined twice for the one alleged offence? I'd understand if the car was still there hours later but surely not 20 minutes?

MarkAnthony

magggiemay wrote: »

Thanks for all your replies ,
Unfortunately it is me that will have to pay both fines as he is a student and the car is registered to me ... Yes I, 100% agree, he most certainly should not have parked in a disabled spot at any hour of the day or at 00.20 at night when he did. I was hoping to see it printed somewhere as to how many fines you can get for the same offence .. I will ring the FCP office and see what the story is but i'm guessing its going to be that the two fines will have to be paid ....

Part time job required me thinks.

magggiemay

Hi, that is the case , he was parked there over an hour.. To be honest I was kinda surprised he did park in a disabled spot , we have a Rav4 and he said the wheel at the back was over the line and in the disabled spot > Doesn't matter as he didn't park correctly so he should be fined and im not disputing that fact at all, its just paying it twice is a bit tough . I was hoping to see information about parking offences somewhere online but have not come across any for this particular situation.
I rang the local station and the desk Garda on duty said to contact the Gardaí in question. I don't think that will make any difference if the summons had been given . Oh well I will see how it goes tomorrow !

challengemaster

whomitconcerns wrote: »

I'm pretty sure he can't be fined twice

Losty Dublin wrote: »

Would this not be a case of being fined twice for the one alleged offence? I'd understand if the car was still there hours later but surely not 20 minutes?

The thing is it's not the same offence. This is clear from the times mentioned in the OP. The "time of commission" for each offence would be different - and subsequently they would count as multiple offences. The fact it was different gardaí solidifies it further. The fact the car hasn't moved is irrelevant. The same as if you pass a speed van, you aren't exempted from being caught by that van again for any period of time.

In theory, he could have been fined 60 times in that hour. In practice that wouldn't happen, but I have heard of gardaí or traffic wardens walking up and down a road repeatedly and issuing a new fine each time they pass a vehicle.

234

challengemaster wrote: »

The thing is it's not the same offence. This is clear from the times mentioned in the OP. The "time of commission" for each offence would be different - and subsequently they would count as multiple offences. The fact it was different gardaí solidifies it further. The fact the car hasn't moved is irrelevant. The same as if you pass a speed van, you aren't exempted from being caught by that van again for any period of time.

In theory, he could have been fined 60 times in that hour. In practice that wouldn't happen, but I have heard of gardaí or traffic wardens walking up and down a road repeatedly and issuing a new fine each time they pass a vehicle.

None of this is accurate. There is plenty of case of on the idea of the actus reus being a continuing act for the purposes of a crime. The natural corollary of that is that it is single act that is continuing and therefore a single offence.

magggiemay

Thanks to all for taking the time to reply to my dilemma . I have since paid the first fine .
I also contacted the Fixed charge Processing Office, who I have to say, could not have been nicer on the phone . They are lovely people to deal with .Cant be the nicest of jobs to have !
They advised me to fill out a FCN Cancellation Request Form, from the Cancelation Authority and send it back with the receipt of the payment of the first fine and a copy of both fines . The request will then be reviewed by them and I will be notified of their decision.
* NB * For anyone paying a fine please note it is actually 27 days from notice of the fine and not 28 as stated ... By this I mean day one is the first day , so if you get notified on the 11 of February you have 27 days to pay that fine , and if you are paying by cheque you must post it at least five days before .

nuac

Maybe Challengemaster is right about the nature of the offence, but anybody parking in a disabled's place will find the court to be a cold place.

Some judges will disqualify even for a first offence

Fred Swanson

This post has been deleted.

Claw Hammer

challengemaster wrote: »

The thing is it's not the same offence. This is clear from the times mentioned in the OP. The "time of commission" for each offence would be different - and subsequently they would count as multiple offences. The fact it was different gardaí solidifies it further. The fact the car hasn't moved is irrelevant. The same as if you pass a speed van, you aren't exempted from being caught by that van again for any period of time.

In theory, he could have been fined 60 times in that hour. In practice that wouldn't happen, but I have heard of gardaí or traffic wardens walking up and down a road repeatedly and issuing a new fine each time they pass a vehicle.

That is nonsense. In fact any traffic warden or garda writing a ticket every few minutes for the same car would find all of the summons thrown out for malicious prosecution. The offence is complete once the illegal parking occurs. This is either when the money runs out, a restricted time commences or the car stopped illegally from the outset.