Parking opposite a continuous white line.. that isn't there anymore?

Lambegraham

Before you get your pitchforks, hear me out here..

Got a fine in the mail there yesterday. 40e for parking opposite a white line in an estate in Portmarnock alongside about 10 other cars. Now normally fair enough, I know not to park opposite a continuous white line for safety etc. Except, the bloody white line existed maybe in 1980, and hasn't been painted since. Genuinely looking at it, you cannot tell if it's meant to be continuous or broken with the state it's in. I didn't even see the line full stop cause of the sun beaming down on the hottest day we've had this summer when I parked there. Have a look at the photo and tell me what you think? Is there any chance that will hold up in court?

Miscreant

Well, you have 2 choices: You can go ahead and contest it (with your observations as listed here) and let us all know how you get on or, you can pay the fine.

The line is obviously still registered as being continuous or unbroken somewhere hence why the fine was handed out. I absolutely agree that the condition it is in now would cause confusion in any reasonable person so you "may" have a case. Perhaps some actual professional legal advice will tell you whether it would hold up in court or not.

greasepalm

It is not obvious for others and if still in force should have been repainted.

Might contest it as its not Clear and Visible.

hoodie6029

Definitely contest it. The Council can’t issue fines on the one hand if signage or markings aren’t up to scratch. It’s their obligation to maintain these things.

vandriver

If there's no penalty points associated with the fine,pay it.

Alternatively you can bring the photo you put up here and see if the judge can see a white line.Judges love eejits wasting court time.

Lambegraham

https://www.boards.ie/discussion/comment/120753430#Comment_120753430

I mean, there’s no points associated but I wouldn’t fork out 40 quid for the fun of it. When I drove up to check there was about 6/7 cars parked on this road anyway on the ‘white line’ still, I figure a Garda just had a field day with all the cars parked around on a hot day and seeing what sticks.

I don’t want to waste any judges time but I figure the garda who handed out the fine that’s probably not enforceable would be more at fault here.

Lambegraham

https://www.boards.ie/discussion/comment/120753349#Comment_120753349

I think I’ll go ahead and contest it. Would it be best to try use the FCN Cancellation on the gardai website or just wait for it to go through the system?

Lambegraham

I think it was an actual Gardai going around issuing the FCN’s as I got a direct letter in the door, nothing on the windshield

hoodie6029

https://www.boards.ie/discussion/comment/120755065#Comment_120755065

Does it not say on the notice how to contest it?

https://www.boards.ie/discussion/comment/120753430#Comment_120753430

There are remnants of a line there. So much of it is missing, who can say if it is a continuous or broken line? It’s up to the Council to maintain the road markings. It’s perfectly valid to contest this.

If this is actually a broken white line would you prefer that nobody say anything and let the eejits keep paying invalid fines?

AndrewJRenko

Might be worth ringing the station and having a chat with the Garda involved.

10-10-20

https://www.boards.ie/discussion/comment/120755277#Comment_120755277

If a spade was taken to the rest of it, it would resolve the same issue for the future. 😂

Either paint it or GTFO, Fingal CoCo!

Del2005

https://www.boards.ie/discussion/comment/120755277#Comment_120755277

All they'll say is go to court. The Gardaí can't stop any tickets anymore after they took the p!ss with cancelling tickets for friends.

It's fairly obvious from the picture in the OP that it's a continuous line not that it matters as ignorance is no defence.

hoodie6029

https://www.boards.ie/discussion/comment/120756432#Comment_120756432

But it is a defence to say the line is faded and indistinct.

That there were no additional signs relating to parking.

That the car was not parked in an unsafe manner.

It is reasonable to assume from the surroundings (housing estate/wide road) that parking is allowed there.

It is up to the authority in charge of the road to make it clear that parking is or isn’t allowed. They cannot reasonably expect people to walk into the middle of a road and examine the remains of some paint from 1982 to determine whether they can park there or not.

Send those points to the Council OP and ask them to instruct the Gardaí to cancel the fine.

Witcher

https://www.boards.ie/discussion/comment/120756572#Comment_120756572

Councils don't instruct Gardai to cancel fines.

hoodie6029

https://www.boards.ie/discussion/comment/120756611#Comment_120756611

Send it to someone who can then.

Jim_Hodge

https://www.boards.ie/discussion/comment/120756659#Comment_120756659

Like who?

Grolschevik

Fairly obviously originally continuous, to my eyes.

And, for what it's worth, the gardai have a field day with improperly parked cars on good days in Portmarnock.

hoodie6029

https://www.boards.ie/discussion/comment/120756669#Comment_120756669

Your mum.

Del2005

https://www.boards.ie/discussion/comment/120756572#Comment_120756572

Ignorance of the law is no defence. The road has a white line and it's illegal to park opposite a white line.

The fact that the white line isn't pristine doesn't remove the fact that the road has a white line and it's obvious from the OPs picture that it's a continuous white line, you don't need to walk to the middle of the road to see the line as you've just driven beside it.

The OP can have their day in court to avoid the €40 fine. I'm sure the days holiday, travel and spending a day in court will be well worth it for the unlikely chance to get off €40 fine.

Jim_Hodge

https://www.boards.ie/discussion/comment/120757514#Comment_120757514

Yes, I thought you hadn't a clue about it. Why give advice when you don't know?

Nickla

There’s obviously a line there - I dint think it matters if its continuous or broken as you can’t park where you will obstruct the flow of traffic. The parked cars in the picture don’t leave enough room in their lane for cars to pass.

Nigzcurran

I parked there a few weeks ago after driving around looking for a legal place to park and was also completely oblivious to that white line, luckily I didn’t get a ticket

hoodie6029

https://www.boards.ie/discussion/comment/120757923#Comment_120757923

What advice have you given the OP other than to concur with the ‘he’s a very naughty boy’ narrative?

What is your issue with my previous points?

https://www.boards.ie/discussion/comment/120757738#Comment_120757738

I never said ignorance was a defence. The condition of the road and lack of signage gives the OP an arguable case for the cancellation of the fine.

Lambegraham

Update: I appealed it using a fixed notice cancellation request available on Garda website, emailed to NPO.

Got a letter in the mail this morning, and it was cancelled!

hoodie6029

Great result, I knew that you’d a good case.