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Two fixed charged notices for parking offence?

  • 08-10-2017 7:59pm
    #1
    Registered Users, Registered Users 2 Posts: 418 ✭✭


    Alright! I'm after getting two fixed charge notices in the one envelope for the one time :o:mad::(

    1}== Parking on double yellow lines (traffic sign number RRM 008)
    2}== Parking Opposite Continuous White Line (Traffic Sign number RRM 001)

    Both for the same reg and both at the same location at the exact same minute on the exact same date.

    This is the exact location: https://goo.gl/maps/3y1eZZTEwrx Just with the nose of my van at the pillar

    Although I was in a commercial premises so could be argued was actively loading and was out and back well within 30 minutes and the garda even saw me and was writing a ticket for another car and i thjought he let me away with it as there was no ticket on my van, he said about the white line and the double yellow too and I moved immediately. I think I am at fault as I didn't take the white line or distance to the junction into consideration, he said it was 5m but i thought it was 15m, im definitely within 15m, but think i was more than 5m from junction.

    anyway, if im at fault fair enough, but i had it in my head that ina situation like that, youre only ever meant to be charged with whatever the worse offence in the situation is, but I've been charged for 2?

    what do you think??????

    Cheers :D:pac:


Comments

  • Registered Users, Registered Users 2 Posts: 20,085 ✭✭✭✭neris


    this a piss take? .......... the pilars are no where near the loading bay.you can only load for a certain amount of time at a designated loading bay. double yellows doesnt constitute a loading bay. you can be done for more then one offence at a time.


  • Registered Users, Registered Users 2 Posts: 418 ✭✭NeptunesMoon


    Where's the joke??

    I know the pillar is nowhere near the loading bay, the loading bay has nothing to do with it. It's perfectly ok to park on double yellow lines while actively loading/unloading for up to 30 minutes.

    So as there's no mention of parking too close to a junction, I don't think this is an issue, I believe I'm far enough from the junction. So the issue is parking opposite a single white line.

    The other offence of parking on double yellow lines I think may be something I could fight if I'm already getting done for parking opposite the white line.


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    Where's the joke??

    I know the pillar is nowhere near the loading bay, the loading bay has nothing to do with it. It's perfectly ok to park on double yellow lines while actively loading/unloading for up to 30 minutes.

    So as there's no mention of parking too close to a junction, I don't think this is an issue, I believe I'm far enough from the junction. So the issue is parking opposite a single white line.

    The other offence of parking on double yellow lines I think may be something I could fight if I'm already getting done for parking opposite the white line.

    No it isn't. You can't park on double yellows at any time.
    It's the loading bay which has a 30min grace period and even then it's only for commercially taxed vehicles.
    You parked incorrectly so now you have to pay the fines.


  • Registered Users, Registered Users 2 Posts: 418 ✭✭NeptunesMoon


    Lads, I wouldn't be arguing that parking on double yellows is ok if I didn't have anything to back it up...

    Here yiz are:


    http://www.irishstatutebook.ie/eli/1997/si/182/made/en/print

    5 (e) / 36(2)(a)


    5 Non-application of certain Prohibitions and Restrictions:

    ( e ) a prohibition on the parking of a vehicle imposed by article 36(2)(a) shall not apply to a vehicle parked while goods are being loaded in or on to it or unloaded from it, for a period not exceeding thirty minutes from the commencement of the parking.

    36 Prohibitions on Parking

    (2) A vehicle shall not be parked—

    ( a ) on that side of a section of roadway along the edge of which traffic sign number RRM 008 [double yellow lines] has been provided;



    Google streetview is from 2011 and doesn't show a new driveway behind where the van was parked, the satellite image shows it as it's from 2017, I was parked between both driveways, the distance from the start of the driveway (which the back of my van was beyond) to the stop line at the junction is 15m according to the map. The distance one needs to park from a junction on checking is 5m.


    So it looks like I'm only guilty of parking opposite a single white line and my parking on double yellows could be argued against as it falls into the above non application of restrictions.


  • Registered Users, Registered Users 2 Posts: 1,717 ✭✭✭Raging_Ninja


    Lads, I wouldn't be arguing that parking on double yellows is ok if I didn't have anything to back it up...

    Here yiz are:


    http://www.irishstatutebook.ie/eli/1997/si/182/made/en/print

    5 (e) / 36(2)(a)










    Google streetview is from 2011 and doesn't show a new driveway behind where the van was parked, the satellite image shows it as it's from 2017, I was parked between both driveways, the distance from the start of the driveway (which the back of my van was beyond) to the stop line at the junction is 15m according to the map. The distance one needs to park from a junction on checking is 5m.


    So it looks like I'm only guilty of parking opposite a single white line and my parking on double yellows could be argued against as it falls into the above non application of restrictions.

    Don't argue your case on the internet, get a solicitor if it's worth the effort.


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  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    The double yellow lines are there for the same reason as the solid centre line - to stop people parking dangerously near the junction.

    It's not quite the same as the double yellows that are opposite the parking bay that are there to aid traffic flow.
    Although I was in a commercial premises
    What does that have to do with anything?
    so could be argued was actively loading
    But were you actively loading ?


  • Registered Users, Registered Users 2 Posts: 418 ✭✭NeptunesMoon


    Cheers for the replies... don't want to argue on the internet, I just had it in my head that you could only receive one penalty notice for the one "crime", so say you can't get summonsed for "dangerous driving" at the same time as getting sumonsed for "driving without due care and attention" or even speeding, I thought I read before tat you just get called out on whatever is the worst from the multiple crimes the one offence ticked.

    The fine is only €40, a solitictor will be a lot more than that I'm sure :pac:



    victor yeah, but I was parked more than 5m from the junction and I'm already getting done for the single white line and I accept that. The Double yellow one and the fact it's a 2nd penalty for the one crime is what spurred on the thread :pac::D

    the garda saw me come back to my van and no way observed the van for over 30 minutes and I was making a collection, although it was small enough to fit in the cab and didn't have to go in the back of the van, but I don't think that would make a difference.:confused::confused:


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Cheers for the replies... don't want to argue on the internet, I just had it in my head that you could only receive one penalty notice for the one "crime", so say you can't get summonsed for "dangerous driving" at the same time as getting sumonsed for "driving without due care and attention" or even speeding, I thought I read before tat you just get called out on whatever is the worst from the multiple crimes the one offence ticked.
    With penalty points, if you commit a 1 point and a 2 point offence at the same time, you will only get the 2 points (the offence with the highest points), but you have to pay 2 fines.


  • Registered Users, Registered Users 2 Posts: 418 ✭✭NeptunesMoon


    Ahhh that's what it must have been!!

    I'm definitely guilty of parking opposite a white line, didn't think at the time, so I'll pay that no problem.

    Getting me for the Double yellow offence too, I think I could definitely fight that one. I was definitely not parked for more than 30 minutes, the garda saw me come back to my van and leave before he was even finished writing the ticket for another car. Who's side the judge would take is anyone's guess though, it will take a few hours from my day and all I'd be saving is €40 with a risk to end up paying much more.

    Maybe I can write to the superintendent, did that before and got let off :pac:


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