Parking Ticket Wrong Street name

Sisyphus Mark II

I got a parking ticket for parking on a double yellow line. The street name is wrong on the ticket. Could I dispute this ticket theoretically? The name is of a nearby street.

Mr. Incognito

I suspect not but i dont definitely know

Sisyphus Mark II

The two streets do not touch of each other by the way, there is a street in between.

Fred Swanson

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Sisyphus Mark II

Should one write to Council informing them that the location is incorrect? And that I won't be paying, afraid they would just issue me with another notice!

tuisginideach

Can you prove you weren't on that street?

Sisyphus Mark II

I don't think there are any double yellow lines on the street on the notice. Also the council will have photographic evidence of parking offence and it should be obvious from that.

eeguy

Sisyphus Mark II wrote: »

I don't think there are any double yellow lines on the street on the notice. Also the council will have photographic evidence of parking offence and it should be obvious from that.

Go for it. They won't increase your fine if you lose.

Sisyphus Mark II

This is what I will write to them,

Am I giving too much info or is it ok?

I am sorry to inform you that this notice issued under section 12 of the road traffic act 2002 is invalid as it does not contain the correct street name where it is alleged that the offence occurred. I was not on Pearse street on the alleged date in question. I am not even sure that there are double yellow lines on Pearse street. The car was parked on Patrick street at 13:40 on the date in question . If you examine any photographic evidence which you have you will see this is the case.

Maybe I shouldn't admit to being on Patrick Street?

Fred Swanson

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Sisyphus Mark II

Yeah I was thinking that! Thanks.

Sisyphus Mark II

It seem to me you got a ticket for parking on a double yellow line but the traffic warden put the wrong name of the street on it, so the question is were you park on a double yellow line on patrick street.

Sisyphus Mark II wrote: »

I don't think there are any double yellow lines on the street on the notice. Also the council will have photographic evidence of parking offence and it should be obvious from that.

If you're right above then i agree don't mention patrick street but they will ask their traffic warden but even so, wrong name of street on ticket.

Yeah go for it.

Sisyphus Mark II

Yeah I wrote them a letter and left out the Patrick street bit. I'm surprised the Warden got the street wrong. Don't even think there are yellow lines on the street he/she put down.

GerardKeating

Sisyphus Mark II wrote: »

Yeah I wrote them a letter and left out the Patrick street bit. I'm surprised the Warden got the street wrong. Don't even think there are yellow lines on the street he/she put down.

Is there a chance you mis-remember where you parked ?

Sisyphus Mark II

No I remember exactly the street I parked on. I'm 100% sure it was Patrick street. I have parked there lots of times before and though it was kinda accepted there. Won't be doing it again. Never noticed the double yellows. I didn't go any further up the town.

godtabh

Did it in Dun Loaghiare recently

Steve

This is why I love boards.. if you were appealing a ban cos the mod got the wrong ban reason on the ticket, I'd just make it permanent for being an ass.. no offence intended sir.

We all give out about the leniency of the justice system yet will rally in support of a case like this. Makes no sense.

Paz-CCFC

Steve wrote: »

This is why I love boards.. if you were appealing a ban cos the mod got the wrong ban reason on the ticket, I'd just make it permanent for being an ass.. no offence intended sir.

We all give out about the leniency of the justice system yet will rally in support of a case like this. Makes no sense.

No we don't. People who study full judgments, sentencing guides and sit in at hearings - a higher percentage of whom you'll find on this forum - rather than mere newspaper reports, generally agree with most decision. Or at least recognise that the judge probably did the best he could with the information and resources he had.

And I don't think a thread with about seven other posters is a fair sample size to conclude that we all rally beyond such cases. Especially when half the people are doubting whether he'd have a good case.

eeguy

Steve wrote: »

We all give out about the leniency of the justice system yet will rally in support of a case like this. Makes no sense.

I hate clampers more than I hate people who park illegally.

I'm on your side OP!

Kev W

eeguy wrote: »

I hate clampers more than I hate people who park illegally.

I'm on your side OP!

I've never understood this. If people don't break traffic laws they won't be punished. It's entirely your own fault if you get clamped.

NUTLEY BOY

Meanwhile, back at the original post.....

The ticket alleges offence X at location Y at time Z.

If OP was never at location Y no offence occurs. So, "theoretically" the ticket alleges an offence against OP that did not happen on the facts alleged.

Technically, the ticket is as sound as if it alleged a parking offence on Mars.

Back in the real world there will, as already pointed out, be likely to be photographic evidence of a parking offence. If that evidence has anything in it that would aid the issuing of a new ticket for the correct location the ticket will stick.

I think that the correct approach is to deny the parking offence as set out in the original ticket and to demand adequate proof. I would not reveal too much that is helpful to the other side as nobody is obliged to incriminate themselves. That said if they come up with the right response it is game over.

On a much wider point, people should remember that a prosecutor carries the responsibility for framing a charge correctly. It is not for the accused to proof read to advise the prosecutor of their mistakes.

That said, for minor offences like this, applications can be easily and successfully made in court to amend obvious or simple errors.

Fred Swanson

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Victor

Fred Swanson wrote: »

I do not believe there is any provision for the council to reissue a notice or issue a notice after the offence is alleged to have taken place.

But aren't all such tickets issues after the fact?

cdeb

Is there not usually photographic evidence with a parking ticket? So a time-stamped photo of your car illegally parked, which they could possibly identify the actual street off of and just correct the ticket.

If so, best to go with previous suggestion and just such it up and move on.

(And appreciate the letter has already gone in by now)

Fred Swanson

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Fred Swanson

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Steve

Fred Swanson wrote: »

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Why not?

A parking fine is not a conviction, it's in lieu of prosecution.

In theory, I could issue a fine if you parked outside my house, if you chose to pay it then more fool you.. if you chose not to then I could attempt to issue proceedings (without any hope of succeeding, nevertheless).

Fred Swanson

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hullaballoo

A fine is a sanction and if it's for a criminal offence, such as parking illegally, then it's a criminal sanction.

As such, I don't think taking it on the chin is a palatable approach on principle.

Leaving the principle side, though, it would have to be worth the hassle and sometimes it just isn't.

Sisyphus Mark II

The council wrote to me this week cancelling the fine. Thank you Fred Swanson!!

Little CuChulainn

Fred Swanson wrote: »

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I too would like to know why not. Is it legislative or procedural?