Parking ticket - across the driveway!!

uberwolf

thought I'd try and get some feedback here.

My GF got a parking ticket over the weekend. I haven't seen the ticket myself but apparently it refers to parking in a prohibited area. Thing was she was parked on the road across her own driveway. She would have been halfway up on the pavement.

There are no double yellow lines or anything, the car has been parked there consistently since she bought it 2 months ago and there were cars parked behind and in front of her with no tickets.

The Garda herself hasn't been in the station since to detail the exact problem but WTF?

My only thought is that she may have been too far up on the pavement - but thats a judgement call surely and not enforcable surely? Especially as teh path is at its widest there adn further down the narrow road it's impossible to walk along the path from 6 on every evening.

Our man in Havana

As a former traffic warden I can tell you that parking on the pavement is "parking in a MANNER prohibited. Parking on a double yellow line is "parking in a PLACE probhited".

You will need sight of the ticket to know what excatley is being alleged here.

PM me if you need further advice.

007

Esel

Parking on the pavement is an offence in itself.

sirlinux

Far as im aware it's illegal to park on the pavement under any circumstances. same way as you have to park within a foot of the kerb. Have to dig out the rules of the road, but i do know other people that have gotten tickets for parking across a pavement.

uberwolf

I should add the cars fore and aft were on the pavement - as well as 10 other cars in line of sight - all without tickets.

Thanks 007 - that in itself may be useful.

prospect

If they are going to fine everyone in the country for parking on a pavement outside their houses, they would make buckets of €€€'s overnight!!!

Our man in Havana

Tbh, that ticket is a bullsh*t ticket if they haven't ticketed everyone else. Is it a LA trafiic warden or a Garda ticket?

I can't see that ticket standing.

delly

Was there enough room left on the path to get a wheelchair thru'? I've seen this been used as a reason before.

uberwolf

delly wrote:

Was there enough room left on the path to get a wheelchair thru'? I've seen this been used as a reason before.

That'd be something I'd always be concious off. I'm just not sure cos I wasn't there. I've always made her adjust (she's still learning) so she probably wasn't. The path has always been inaccessible just past her place due to the path width anyway - and it's at the top of a hill.

Tis a Garda ticket afaik.

Our man in Havana

Tis a Garda ticket afaik.

In that case scan the ticket for mistakes, wrong location, wrong reg no, wrong offence code, should be 8 for manner prohibited, 4 for a place prohibited.

In my experience they frequently make big cock ups with parking tickets. Gardai have even asked me for the correct offence codes.

Krusty_Clown

Bond-007 wrote:

As a former traffic warden I can tell you that parking on the pavement is "parking in a MANNER prohibited.

Hey Bond-007, from your former experience, did you ever ticket a motorcycle for being parked on the pavement, or hear of it being done? Just curious..

Our man in Havana

Krusty_Clown wrote:

Hey Bond-007, from your former experience, did you ever ticket a motorcycle for being parked on the pavement, or hear of it being done? Just curious..

I have never ticketed a motorcycle at all. It was policy in the south east not to upon legal advice from the union, so no one broke ranks there. Not sure about the Dublin Metro Area which is a law onto itself.

a_ominous

I just had to check the ROTR. The car was illegally parked on 2 counts

1. parked "either partly or wholly on a footway, a grass median or a media strip
2. at an entrance - it should not "obstruct an entrance to property without the owner's consent"

Maybe it was mainly due to the second count because no other cars were done. The warden/gard could have gone to the door, but why should they. The car seems to have been the most badly parked. Maybe trying to send a message to all the residents to be careful how they park.

I got done a Xmas for parking on a verge. Not blocking the footpath, trying to keep roadway in the Square shopping centre clear. Fu(k that, I'll park on the road and block the roadway legally from now!

blastman

Why was it policy, as a matter of interest?

Turner

Was there a legally parked car across the road paralell to your girlfriends car. And by your girlfriend parking where she did prevent access to emergency vehicles travelling down the road.

that could be one reason.

The fact that only your girlfriends car was ticketed probably means the gardai reveived a complaint regarding your girlfriends car from a neighbour or passer by. When they receive a complaint thay have to act on it.

Our man in Havana

blastman wrote:

Why was it policy, as a matter of interest?

Well, the 1975 traffic wardens act requires the warden to afix a notice of alleged offence to the vehicle. With a car, thats under the wiper blade. On a motorcycle its not that easy. There were concerns that the council and or the warden could be sued by a motcyclist if a warden damaged any part of the motorcycle. The union at the time issued an instruction to stop doing motorcycles.

uberwolf

@ a_ominous - twas her own house. So if that was the case it is absolutely incumbent on the Garda to check with the owner - how else can consent be determined?

It must have been for the former. Parked on path. My problem here is that there are always ten cars minimum along this road up on the path because the road is so narrow it would be unpassable otherwise.

My concern is that it was deemed to be blocking the path. However this is so dependent on opinion that to accept the ticket is to set a precendent where she can no longer park in front of her house.

The road/path combo is so narrow there that I have never been able to pass up the path freely, I've no reason to believe that one evening she was the only one blocking the path - if she was

vector

a_ominous wrote:

...
[*]at an entrance - it should not "obstruct an entrance to property without the owner's consent"

I think the "offender" had permission of the owner/ or is the owner.

Moving on to the footpath...

It would be cool to argue that it wasn't a footpath, to spend thousands on solicitors and show that some technicalitiy meant that it wasnt a footpath, that would show those fatcats up in washington whos boss

Turner

[QUOTE=uberwolf My problem here is that there are always ten cars minimum along this road up on the path because the road is so narrow it would be unpassable otherwise.
[/QUOTE]

There we go so, she was obviously deemed to be obstructing the roadway.

uberwolf

well just had it confirmed ticket says place prohibted. Number 4. Which means the ticket will be thrown out. But whats to stop them getting the ticket right next time?

spockety

uberwolf wrote:

well just had it confirmed ticket says place prohibted. Number 4. Which means the ticket will be thrown out. But whats to stop them getting the ticket right next time?

Maybe park it in the drive?

uberwolf

no space!! smarty

vector

what place?
footpath
or
blocking someones driveway

Our man in Havana

uberwolf wrote:

well just had it confirmed ticket says place prohibted. Number 4. Which means the ticket will be thrown out. But whats to stop them getting the ticket right next time?

Ok, so they cocked that up nicely.

The chances of it getting to court is fairly slim at best. Gardai have bigger fish to fry. They frequency loose paperwork or just forget about it. Let me know if you get a reminder in the post. If you do you will know they are serious about proceeding. It is safe to stay quiet till then.

As you say it would set a dangerous precedent if you just paid up. Sit tight and await their next move.

Imposter

She should go down to the garda station and get info from them as to whether or not she can park on the footpath. If they say it's ok then get it in writing if possible and then produce the ticket to them, explaining that she lives in the house. If it's not ok then she should park on the road and obstruct the traffic.

Turner

Bond-007 wrote:

As you say it would set a dangerous precedent if you just paid up. Sit tight and await their next move.

Bad advice..if the ticket goes unpaid a summons will automatically be issued. Same any fine eg. no car tax, breaking a red light, speeding.

Our man in Havana

Chief--- wrote:

Bad advice..if the ticket goes unpaid a summons will automatically be issued. Same any fine eg. no car tax, breaking a red light, speeding.

They must issue a reminder before any summons is issued, and be able to prove it was sent. This is in case the ticket gets blown away etc.

What I was advising was to wait for the reminder, it may never come.

uberwolf

by means of an update.

Gardaí were called down to, ticket rescinded without much in the way of debate. Without even resorting to the 4 vs 8 debate.

So no fine.

But what concerns me is that no precedent has been established really. Obviously you don't want to block/impede traffic - so you pull in. Equally you ensure there is wheelchair space on the path. AFAIK - never of these was the case for this ticket so it seems a bit arbitary. She has no option but to continue parking in that spot, but nothing to prevent another ticket.

The Ban Garda said was due to a complaint.

Ardent

uberwolf wrote:

by means of an update.
The Ban Garda said was due to a complaint.

It all makes sense now. Nice neighbours you have.

mike65

uberwolf wrote:

so it seems a bit arbitary.

Unfortunatly this bit makes sense too....:(

Mike.

cormie

Bond-007 wrote:

Well, the 1975 traffic wardens act requires the warden to afix a notice of alleged offence to the vehicle. With a car, thats under the wiper blade. On a motorcycle its not that easy. There were concerns that the council and or the warden could be sued by a motcyclist if a warden damaged any part of the motorcycle. The union at the time issued an instruction to stop doing motorcycles.

Could you not just stick it on the way Clampers stick on the "Do not attempt to move this vehicle" sign on the drivers window? Or is this a sue-able offence too? Hehe. Masking tape residue and all :rolleyes:

Our man in Havana

cormie wrote:

Could you not just stick it on the way Clampers stick on the "Do not attempt to move this vehicle" sign on the drivers window? Or is this a sue-able offence too? Hehe. Masking tape residue and all :rolleyes:

This was 1998, and I am not sure nowadays. There was a case where a biker sued a LA over a warden placing a ticket on a bike, it was claimed that he knocked it over.

Hence the position.

RuggieBear

Bond-007 wrote:

Hence the position.

That's as ****ed up as the unions not allowing the bus drivers to use the rear doors.

once saw someone get a ticket in thier driveway....admitedly the boot of the car was blocking the path.

Bogger77

IIRC, if a sticker that is placed on your car, for example, with the "Don't Park here again" message, leaves a trace on the window, it's criminal damage.

Victor

Bogger77 wrote:

IIRC, if a sticker that is placed on your car, for example, with the "Don't Park here again" message, leaves a trace on the window, it's criminal damage.

They could of course have your charged with trespass.

vector

Bogger77 wrote:

IIRC, if a sticker that is placed on your car, for example, with the "Don't Park here again" message, leaves a trace on the window, it's criminal damage.

Unless the relevant act/SI allows a party to "inform" an offender by "appropriate means" or something vague like that

(I've found that most laws are vague in this way and favour the govt/official side)

Hotblack Desiato

cormie wrote:

Could you not just stick it on the way Clampers stick on the "Do not attempt to move this vehicle" sign

I got a parking ticket in Dublin city centre in 1995 or 96, it was in a sticky envelope stuck onto the seat... :rolleyes: in spite of the fact that at the time there was not ONE legal parking space for motorcycles in the city. Shoulda fought that ticket really...

cormie

Bogger77 wrote:

IIRC, if a sticker that is placed on your car, for example, with the "Don't Park here again" message, leaves a trace on the window, it's criminal damage.

The law is so stupid really. They should really ammend it. Between a bit of sticker residue being criminal damage and someone robbing your house who cuts their hand on a knife can sue.. I just don't know anymore.

Bogger77

vector wrote:

Unless the relevant act/SI allows a party to "inform" an offender by "appropriate means" or something vague like that

(I've found that most laws are vague in this way and favour the govt/official side)

Yes, maybe the Cops can, but if it's done by a private individual, such as a security gaurd in a shopping center, the law is for the car owner.