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garda fine in Tesco Clearwater Car Park

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Comments

  • #32
    stimpson
    Registered Users, Registered Users 2 Posts: 7,707 ✭✭✭stimpson


    Deleted User wrote: »
    Indeed, but the OP said the fine was for double yellow lines, not dangerous parking.

    You could be parked on a double yellow line and get a fine for being parked in a dangerous position. If he's unable to park legally in a massive car park, then maybe he's unable to accurately convey the details of the fine.

    Regardless, if he goes to the guard to tell him how to do his job, it's entirely possible he'll end up in court with a larger fine and 5 points.


  • #33
    tk123
    Registered Users, Registered Users 2 Posts: 14,009 ✭✭✭✭tk123


    Mister Jingles wrote: »
    Where did you park just outside the butchers/barbers ? It would of been a lot easier to just park in a spot, up there is one of the easiest places to get parking.

    +1 - sorry OP! No reason to park there and get in the way - there's always spaces at the side near the shop.
    http://maps.google.ie/maps?q=53.383124,-6.296346&ll=53.382941,-6.295673&spn=0.001037,0.001523&hnear=0x48670deedaf14651:0x936bbf8904d8946f,53.383124,-6.296346&gl=ie&t=h&z=19


  • #34
    seethestars
    Registered Users, Registered Users 2 Posts: 10 ✭seethestars


    kona wrote: »
    Just pay the fine!

    im not questioning i was parked on yellow lines, which i shouldnt have been. the point here is that people are issuing fines where they have no authority to do so.


  • #35
    stimpson
    Registered Users, Registered Users 2 Posts: 7,707 ✭✭✭stimpson


    seethestars wrote: »
    im not questioning i was parked on yellow lines, which i shouldnt have been. the point here is that people are issuing fines where they have no authority to do so.

    Just go and see the guard and offer to arm wrestle him for it.


  • #36
    tk123
    Registered Users, Registered Users 2 Posts: 14,009 ✭✭✭✭tk123


    seethestars wrote: »
    im not questioning i was parked on yellow lines, which i shouldnt have been. the point here is that people are issuing fines where they have no authority to do so.

    What probably happened OP, is that you were simply in the wrong place at the wrong time. The guards were over in Burger King having an XL Whopper meal, got a call to head to Tescos cos some kids were on the rob, chased the kids but got out of breath and lost them at your car so gave you a ticket so they wouldn't get slagged off at the station.:p


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  • #37
    galwaytt
    Registered Users, Registered Users 2 Posts: 12,734 ✭✭✭✭galwaytt


    stimpson wrote: »
    You could be parked on a double yellow line and get a fine for being parked in a dangerous position. If he's unable to park legally in a massive car park, then maybe he's unable to accurately convey the details of the fine.

    Regardless, if he goes to the guard to tell him how to do his job, it's entirely possible he'll end up in court with a larger fine and 5 points.

    Irrelevant if the road is not a public one. Even the 'dangerous position' one, even if blindingly obvious, still can't be issued a fine from the State for a piece of property (private land) they have no jurisdiction over.

    OP - why not just talk to the Garda in question ? And, curiously, what is down as the location on the ticket ?

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • #38
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,501 ✭✭✭✭drunkmonkey


    I long for the days when Gardaì used to give parking fines, now were stuck with these little neo nazi ****e heads who think there Garda patrolling our streets.

    Nice to see some old school Garda work going on.


  • #39
    stimpson
    Registered Users, Registered Users 2 Posts: 7,707 ✭✭✭stimpson


    galwaytt wrote: »
    Irrelevant if the road is not a public one. Even the 'dangerous position' one, even if blindingly obvious, still can't be issued a fine from the State for a piece of property (private land) they have no jurisdiction over.

    For this the RTA specifies public place as opposed to public road. Private land to which the public has access is a public place.


  • #40
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,783 ✭✭✭slimjimmc


    stimpson wrote: »
    For this the RTA specifies public place as opposed to public road. Private land to which the public has access is a public place.
    Indeed, it's a subtle but critical distinction.
    Looking at the Google Maps aerial view I think it would be easy to argue that any parking on those double yellow lines is unlikely to pose a danger to anyone since traffic would be moving slowly (eg <30km/h imo).


  • #41
    seethestars
    Registered Users, Registered Users 2 Posts: 10 ✭seethestars


    The garda are aware they cannot issue a fine in a private car park.
    So the only issue outstanding is whether or not it is a private car park.
    The garda reckon its a public car park.
    While all the signs in Tesco state that this car park is managed by euro car parks on behalf of tesco.


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  • #42
    seethestars
    Registered Users, Registered Users 2 Posts: 10 ✭seethestars


    stimpson wrote: »
    For this the RTA specifies public place as opposed to public road. Private land to which the public has access is a public place.

    Can you tell me where it is an offence to park in a public place. I can only find reference to parking on a public road or Parking of vehicles in parking places on public roads.
    cheers


  • #43
    stimpson
    Registered Users, Registered Users 2 Posts: 7,707 ✭✭✭stimpson


    seethestars wrote: »
    Can you tell me where it is an offence to park in a public place. I can only find reference to parking on a public road or Parking of vehicles in parking places on public roads.
    cheers

    I said parked dangerously. I posted the details here:

    http://www.boards.ie/vbulletin/showpost.php?p=85052765&postcount=30


  • #44
    seethestars
    Registered Users, Registered Users 2 Posts: 10 ✭seethestars


    ah right. Well the fine was for double yellow lines, which states parking on a public road as the offence.


  • #45
    goz83
    Closed Accounts Posts: 6,778 ✭✭✭goz83


    I would not pay the fine, but I would not have parked on double yellows where there is ample parking spaces nearby


  • #46
    antodeco
    Registered Users, Subscribers, Registered Users 2 Posts: 13,718 ✭✭✭✭antodeco


    Hijacking the thread slightly, but the road in Parkwest is not a public road, but used as a normal road. Do the Gardai have powers on it?


  • #47
    stimpson
    Registered Users, Registered Users 2 Posts: 7,707 ✭✭✭stimpson


    slimjimmc wrote: »
    Indeed, it's a subtle but critical distinction.
    Looking at the Google Maps aerial view I think it would be easy to argue that any parking on those double yellow lines is unlikely to pose a danger to anyone since traffic would be moving slowly (eg <30km/h imo).

    You obviously have no experience of the driving standard in Finglas, and Clearwater in particular.

    Also, depending on the time of day that area could have swarms of kids. Just takes one to walk out between 2 badly parked cars...


  • #48
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,783 ✭✭✭slimjimmc


    stimpson wrote: »
    You obviously have no experience of the driving standard in Finglas, and Clearwater in particular.
    None whatsoever, and I detect a hint that I should be thankful for it :P
    stimpson wrote: »
    Also, depending on the time of day that area could have swarms of kids. Just takes one to walk out between 2 badly parked cars...
    True, but a kid could just as easily walk out between 2 properly parked cars on the opposite side of the road.


  • #49
    [Deleted User]
    Posts: 1,299 ✭✭✭ [Deleted User]


    antodeco wrote: »
    Hijacking the thread slightly, but the road in Parkwest is not a public road, but used as a normal road. Do the Gardai have powers on it?
    Depends on the offence. If it "public place" for the offence then yes, Garda have full power to enforce law of specific offence. If its "public road" for offence, then no, Garda do not have power to enforce specific offence.


  • #50
    coylemj
    Registered Users, Registered Users 2 Posts: 26,063 ✭✭✭✭coylemj


    Deleted User wrote: »
    If its "public road" for offence, then no, Garda do not have power to enforce specific offence.

    Forgive me for splitting hairs, SFA on TV.......

    It's not that the Gardai 'do not have the power to enforce....', it's that in the case of specific offences, there are no regulations to enforce because they do not apply on private property, examples being parking regulations (e.g. single/double yellow lines and disabled bays) and speed limits.

    DOH! Lock, stock and two smoking barrels starting on ITV!


  • #51
    gurramok
    Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    Was in Clearwater yesterday. For the first time in years, there was not a single car parked on double yellow lines and this was on a busy Saturday, amazing stuff. Must be some sort of clampdown happening!


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  • #52
    antodeco
    Registered Users, Subscribers, Registered Users 2 Posts: 13,718 ✭✭✭✭antodeco


    [Deleted User] wrote: »
    Depends on the offence. If it "public place" for the offence then yes, Garda have full power to enforce law of specific offence. If its "public road" for offence, then no, Garda do not have power to enforce specific offence.

    I'm thinking purely as to what the speed limit is! There are no signs, straight road, but no idea if it's a 50kph speed limit!


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