Issue in Court today re' illegal parking

costacorta · 12-01-2022 5:35pm

https://www.boards.ie/discussion/comment/118459344#Comment_118459344

Garda don’t put anything on your windscreen for illegal parking and not required too as neither is a traffic warden but they usually do .

I got one 2 yrs ago and first I knew of it is when I received a letter telling me I had a €40 fine for DYL and it would be going to €60 after 28 days.

It was given by a traffic warden in a local town and when I called to council office to enquire about ticket and told them I didn’t receive anything on windscreen girl said if weather is very wet wardens usually just note number etc and take photo. She had pictures of my van on DYL so I just paid up ..

GM228 · 12-01-2022 5:41pm

https://www.boards.ie/discussion/comment/118462782#Comment_118462782

"Garda don’t put anything on your windscreen for illegal parking and not required too as neither is a traffic warden but they usually do"

I never said they do.

costacorta · 12-01-2022 5:45pm

https://www.boards.ie/discussion/comment/118462821#Comment_118462821

You mentioned FCPN ? That’s what they put on your windscreen. Fixed Charge Penalty Notice . Anything in post is a reminder to let you know you have received one .

coylemj · 12-01-2022 6:13pm

https://www.boards.ie/discussion/comment/118462821#Comment_118462821

You said you're entitled to an FCPN first......

You absolutely do have a right to a FCPN first, you can't be summoned straight to court for any fixed penalty offence,

Which suggests that if a Garda sees an offence but doesn't have a book of tickets, there's nothing they can do about it. I know there's a schedule of eligible offences, I'm not aware that the option to give a ticket precluded a prosecution without any ticket. Can you quote the authority for your statement above?

GM228 · 12-01-2022 6:41pm

https://www.boards.ie/discussion/comment/118462847#Comment_118462847

Incorrect, a FCPN is either put on a window or posted to you, what you receive in the post is not a reminder you got a FCPN on your window, it is the FCPN itself.

silver2020 · 12-01-2022 6:49pm

If you don't park at the location and they also stated incorrectly that you did not have tax insurance, then it is more likely that it is an error.

I'd say not guilty and simply state that you don't park on that road and that you assume it was an error as it was also claimed that you had no tax and insurance displayed and you have always had your tax and insurance.

If like many and you leave previous year's tax and insurance discs behind current ones, take them out and show them to the judge.

Once he sees that they were issued before the date, he'll almost certainly throw the case out

GM228 · 12-01-2022 6:53pm

https://www.boards.ie/discussion/comment/118463009#Comment_118463009

Yes, but I didn't say it must be put on your window, a FCPN must be issued and served first, it does not have to be done then and there however, they are usually posted to your address.

Any offence which is a declared FCP offence can not bypass the FCPN stage and go straight to court, such a prosecution is statutorily barred, S35 (2) of the Road Traffic Act 2010. A FCPN must be issued, served and failed to be paid as a precondition to proceedings.

12-01-2022 7:02pm

https://www.boards.ie/discussion/comment/118463009#Comment_118463009

They don't carry books of tickets anymore, it's all done by computers. They just need to put all information into the computer and it sends out the ticket

costacorta · 12-01-2022 7:36pm

https://www.boards.ie/discussion/comment/118463317#Comment_118463317

But sure everyone can say then that they didn’t receive anything in post . This used to happen a lot with go safe speeding fines but I think they found some way around it . Maybe they need to send it by registered post ? .

Anyway regarding OP if it were me I’d try and contact the guard in question or go to local Garda station and try and explain my case . Something doesn’t add up here .Did they receive court summons by registered post or was it hand delivered? .

wannabecraig · 12-01-2022 8:10pm

Court summons was by regular post, I didn't have to sign for it, was just in the letter box as normal.

I'm happy to try ring the guard if that can be sorted, I didn't know that was an option, I'm just so confused by it all.

I don't have last year's disks, but I did show them that I was both taxed and insured at the time and the judge dismissed those. I think it was just me trying to engage in discussion with him over how this could have happened that wound him up, he seemed in a good mood until I came along!

GM228 · 13-01-2022 12:03am

https://www.boards.ie/discussion/comment/118463501#Comment_118463501

"But sure everyone can say then that they didn’t receive anything in post . This used to happen a lot with go safe speeding fines but I think they found some way around it . Maybe they need to send it by registered post ?"

Indeed everyone cay say it, but not everyone can prove it (on the balance of probability) to rebut the statutory presumption of service of the FCPN.

The Oireachtas did indeed find (for a short while anyway) a way around the issue, however, the solution was subsequently found unconstitutionaol in a 2019 High Court Judicial Review, to make things worse the JR also unwound all the previous case law on what was deemed to be considered service of a FCPN when the defence of non receipt of the FCPN was raised.

wannabecraig · 23-11-2022 3:43pm

So this issue, I thought, had gone away, but I got a letter in the post, registered, saying I had to attend court for previously summonses regarding fixed charge penalty fines. It’s very short letter and doesn’t give me much detail.

CanI just pay the parking fine in advance or do I have to appear in court again.

If I have to go again, what's the worst thing that can happen?

Cliffs;went to court last Jan, for parking fine and no display of tax and insurance.

Proved I have tax and insurance and was on the hook for parking. Pleaded not guilty, now have to go back. Am happy to just pay fine if I dont have to go back!