Garda unfair Fine

lurkerlife2

Hi

My boyfriend is on a Prov Irish Licence, yesterday he was parked along the coast road waiting on me to finish a hair appointment. The car was off and he was pulled in and parked. His back wheels were slighlty in a disabled parking spot and he didnt know as he didnt get out of the car. A guard spotted him and asked if he had a permit to park there and he said no sorry he hadnt noticed he was in the spot and could move up a bit and he wouldnt be in it. The guard asked for his licence and when he seen he is on a provisional has now issued a fine for driving unaccompanied even though the car was parked and off and he was sitting in the car waiting on me.. I came back 10 mins later and showed the guard my licence but he still issued the fine? Is this allowed he was parked and waiting on me to come back should we appeal it?

Stanford

This is an old chestnut, you don't have to be driving, you only need to be 'in charge of the vehicle'.

Glencarraig

So did he drive the car to the hairdressers on his own? If so he broke the law.

Ash.J.Williams

https://www.boards.ie/discussion/2058326480/garda-unfair-fine

He parked in a disabled spot

Sierra Oscar

https://www.boards.ie/discussion/comment/121483873#Comment_121483873

The Garda will just have to point out that the person was seated in the drivers seat and thus in charge of the vehicle.

Dial Hard

https://www.boards.ie/discussion/comment/121482346#Comment_121482346

That's where your brain immediately went rather than thinking it far more likely that he drove the OP to her appointment and was waiting on her? Sure Jan.

I'll never understand why people practically fall over themselves to be deliberately obtuse in these kinds of threads.

bennyx_o

https://www.boards.ie/discussion/comment/121482232#Comment_121482232

https://www.boards.ie/discussion/comment/121483903#Comment_121483903

Can you point to where this is in legislation? I know this is the case for a person being "under the influence of intoxicating liquor" but can't find anything to say the same for learner permits

CramCycle

https://www.boards.ie/discussion/comment/121483997#Comment_121483997

Same here, I thought the phrasing was driving unaccompanied, not being in charge of a vehicle unaccompanied.

malinheader

Typical Gardai. Easy target fines,should concentrate on real crimes. Was it a young guard probably just joined by any chance.

kirving

https://www.boards.ie/discussion/comment/121483903#Comment_121483903

Is that to say that the learner permit holder must always enter the car after the full license holder, and exit the car before them?

Appeal it, but may not go your way. As a disabled permit holder I have zero tolerable for abuse of spaces, and “not getting out and taking a look” is zero excuse. You should be observant at all times where you are parking.

6run28

https://www.boards.ie/discussion/comment/121483929#Comment_121483929

The OP and common sense would suggest the boyfriend was picking her up from the hairdresser unaccompanied. IF the OP, a licenced driver was with him when parking surely she would have pointed out that they were parked across two parking spaces, especially when one was a disabled space. Who waits, possibly for a few hours, outside the hairdresser in the car...Not even pop out for a coffee or to the shops? She just happened to be finished 10 minutes later, suggests he had arrived to pick her up. Get off your high horse...Jan

standardg60

https://www.boards.ie/discussion/comment/121483929#Comment_121483929

That's were my brain went too, surely the OP would have noticed he was in a disabled spot when they left the car for the appointment no?

He was parked waiting for them to 'finish' in the hairdresser, not while they were in the hairdresser. He also offered to move the car himself while the guard was there.

My guess is he knowingly pulled into it cos he was going to be there only a few minutes and could move if necessary, why would the guard ask him if he had a permit if he was only 'slightly' in it? Doesn't make sense to me.

elperello

Was the summons for parking or driving unaccompanied ?

Sorry.

Edit.

The fine was for driving unaccompanied.

StormForce13

So it appears that the garda let him off being parked - or part-parked - in a disabled spot. That was decent of him.

standardg60

https://www.boards.ie/discussion/comment/121484356#Comment_121484356

Damn you beat me to it!

billo516

"His back wheels were slighlty in a disabled parking spot and he didnt know as he didnt get out of the car."

He should know even without getting out of the car.

Pay the fine and move on

elperello

https://www.boards.ie/discussion/comment/121484524#Comment_121484524

There was no fine for the parking.

Even though I think it’s a ridiculous fine to be fair the garda could have fined €150 for parking in a disabled parking space.

Still the Garda was being a bit of a fecker.

the_pen_turner

3 issues going on here. 5

parking in a disables spot. bang to rights, 100% in the wrong

provisional driver driving there to colect you. completely illegal and needs to be clamped down on

provisional driver sittting in a car awaiting the full licenced drivers return. i cannot see anything illegal there. he wasnt driving

https://www.boards.ie/discussion/comment/121484549#Comment_121484549

Maybe he’s on Boards 😉

I for one am happy to see both Boards and the roads being policed, so to speak. At least in some instances.

ohnonotgmail

https://www.boards.ie/discussion/comment/121484152#Comment_121484152

From the RTA. Being "in charge" IS driving

“driving” includes managing and controlling and, in relation to a bicycle or tricycle, riding, and “driver” and other cognate words shall be construed accordingly;

If the girlfriend is the owner of the car the OP should be grateful that she isn't getting charged as well.

Jim2007

It’s very possible that the Garda actually observed him driving before hand or the young chap might even have admitted it during his conversation with the Garda.

It is always interesting how people looking for exceptions or special treatment seem to think they are being treated unfairly. I say there is a good chance he actually got a break.

GNWoodd

https://www.boards.ie/discussion/comment/121484567#Comment_121484567

Issue no 1 . He wasn’t charged with so is irrelevant.

Issue no 2 . From what had been written here so far, is only in someone’s head and is therefore irrelevant.

Issue no 3 is not an offence.

Appeal it all the way

artanevilla

https://www.boards.ie/discussion/comment/121484262#Comment_121484262

Gardai should focus on ALL crimes. Minor or major, there is no such thing as real or fake crimes.

https://www.boards.ie/discussion/comment/121485733#Comment_121485733

Ah it’s the usual crap sure

“have yes natin better to be dooon can use not catch some drug deelers instead!!!”

they say to the traffic corp 🤣

Sierra Oscar

https://www.boards.ie/discussion/comment/121483997#Comment_121483997

Ah come off it. The person I was responding to was suggesting the driver should say he was just waiting in the car and the OP was driving, despite the actual driver being seated in the drivers seat. How will you explain that one away to the Judge?

The Garda will point out the person was seated in the drivers seat and will also probably point out that they observed the person driving. This would be an easy conviction to achieve if the driver brought the matter to Court.

If the Gardai spotted him with L plates, without accompanying passenger, pulling into a parking area without due heed to the space he was occupying, the latter, that would have triggered attention in the first place, so would have prompted them to have a word and see what the situation was. Is OP disclosing full facts here or just the bits she wants us to hear and give feedback on?

StormForce13

https://www.boards.ie/discussion/comment/121484664#Comment_121484664

Your advice is good only if you can be 100% confident that what's "in your head" will match what will be in the judge's head after he has heard the evidence of the garda who imposed the fine.

bennyx_o

https://www.boards.ie/discussion/comment/121485820#Comment_121485820

I only asked where in legislation it stated about being in charge of a vehicle as I couldn't find it which another poster posted. No need to get all defensive, I never mentioned anything about the OP trying to get off on any technicality, it was mere curiosity on my part