Local Authority Parking Tickets

Itchyfeet89

Can one be disqualified from driving for not paying a local authority (county council) parking ticket?

geographica

no

Oscar_Madison

But…legal proceedings can be instigated after 56 days I think - if you have an outstanding fine, phone them and pay it over the phone if that option is available to you

Itchyfeet89

I'm not talking about myself. Just speaking in general. If an unpaid ticket goes to Court, I presume the penalty would be an increased fine? There would no precedence for a driving ban for this sort of offence?

Itchyfeet89

https://www.boards.ie/discussion/comment/123829994#Comment_123829994

Any precedence for a driving ban for this sort of offence?

Peregrinus

There are parking offences which carry penalty points - parking dangerously; parking on the footpath or in a cycle track or bus lane. And if you accumulate enough penalty points for these and/or other offences, a ban can result.

But parking on a double yellow line, or overstaying in a paid parking space, can't lead to penalty points, and so can't lead, even indirectly, to a ban.

The OP treats not paying a parking ticket as an offence but, actually, it's not. You have the right to decline to pay a ticket and have your day in court instead. If you do go to court, the charge won't be failure to pay the ticket; it'll be the parking or other alleged infringement for which the ticket was issued.

The corollary of that is that, if you do get a ticket for one of the parking offences that attracts points, you'll get points even if you pay the ticket. (You get more points if you fight the matter in court, and lose.) Commit enough of these offences, and you can rack up enough points to be banned from driving, even if you pay all the tickets.

Marcusm

https://www.boards.ie/discussion/comment/123829994#Comment_123829994

There’s plenty of precedents for committal to jail (see John Waters as an example) for failure to pay a fine. I don’t think anyone ever served time for it but would it not be easier to pay or plead poverty as opposed to refusal to pay.

Peregrinus

https://www.boards.ie/discussion/comment/123836354#Comment_123836354

That's for a fine imposed following a criminal conviction. You can't be imprisoned for failing to pay a parking ticket. The sequence of events would have to be: fail to pay ticket > tried for parking offence > convicted > fine imposed > fail or refuse to pay > get fines enforcement notice > another court hearing to determine enforcement mechanism > committal order > imprisonment.

A committal order is only one of the enforcement mechanisms available to the court where a fine is unpaid. Others include attachment of earnings (they get the fine from your employer; it's then deducted from your pay) and a community service order in lieu of a fine. It's extremely unlikely that the court would opt to go for a committal order for a fine imposed for a parking offence.

Marcusm

https://www.boards.ie/discussion/comment/123838860#Comment_123838860

I understand that there are the additional processes. There have been precedents which I have cited. Pour encourager les autres may have been the intention as it was at a time when civil disobedience with respect to fines and similar matters was at a height (anti-repossession actions etc).

Itchyfeet89

I'm not speaking about jail time.

I'm enquiring about is there a precedence for a driving ban for a parking ticket case?

Peregrinus

https://www.boards.ie/discussion/comment/123839514#Comment_123839514

See post #6 in this thread.

Itchyfeet89

Forget about jail.

My enquiry is , is it highly unusual to disqualify someone from driving for a local authority parking ticket case?

Peregrinus

It's impossible to disqualify someone for a single local authority parking ticket.

Itchyfeet89

It has been done. I'm aware of a case last week in the southern part of the country

Buffman

https://www.boards.ie/discussion/comment/123839548#Comment_123839548

It has been done but in specific enough circumstances, if you or someone you know is involved you should seek proper competent legal advice regarding any potential appeal.

https://www.donegallive.ie/news/crime---court/1546380/judge-imposes-driving-ban-for-parking-in-disabled-bay.html

https://www.leinsterexpress.ie/news/crime---court/1016347/disqualified-for-parking-in-disabled-bay-in-portlaoise.html

Itchyfeet89

The case I am referring to was not parking in a disabled spot. I can understand disqualification for that.

Claw Hammer

https://www.boards.ie/discussion/comment/123840014#Comment_123840014

Have you got links? Was it in the District Court? Was there an appeal?

Buffman

https://www.boards.ie/discussion/comment/123840014#Comment_123840014

Well the Donegal one is exactly what you were asking about, a local authority parking ticket case disqualification.

How specific are you looking for, double yellows, loading bay, on a bend, opposite continuous white line, pedestrian crossing zig-zags, expired/no pay and display, within 5m of a junction, etc???

Itchyfeet89

District Court yes

Itchyfeet89

Expired pay and display. Nothing overly serious which is why a driving ban is totally and utterly draconian.

Peregrinus

https://www.boards.ie/discussion/comment/123841155#Comment_123841155

Not doubting you, but I don't think the District Court has power to impose a driving ban for expired pay and display, so there may be more in this than meets the eye - e.g. an accumulation of penalty points for previous motoring offences. If there are no factors like this to account for the ban then the defendand should definitely appeal.

Itchyfeet89

No penalty points which is why I cannot understand this decision. It seems overly draconian.

My friend is giving out to me because I had assured him the worst to expect would be a higher fine.

Claw Hammer

If that happened in the District Court he should institute a judicial review. He may need a Dublin solicitor.

Peregrinus

A think a simple appeal against sentence to the Circuit Court should suffice, shouldn't it? He will need a solicitor to look at the case in more detail than has been possible here and to confirm that, yes, the imposition of a disqualification was in excess of the court's power.

Claw Hammer

https://www.boards.ie/discussion/comment/123851170#Comment_123851170

An appeal will leave the person with a conviction. A Judicial Review would quash the sentence and the court would not order a re-trial. The O/P should get a copy of the court order and any paperwork. The o/p may be mistaken.

Peregrinus

Having a conviction for overstaying in a parking bay may not bother the defendant (esp.if he did in fact overstay, which seems to be the case). If his concern is the disqualification, then an appeal to the Circuit Court will a be quicker, and a much, much cheaper, way of addressing that.