Challenging parking fine in court

[Rikimaru]

I live in an area that requires you to display a resident's parking permit in your car at all times. A few weeks ago I got a new car but forgot to switch over the permit. So my car was clamped and I had to pay €125 to get it unclamped.

I didn't think this was fair seeing as how I am a genuine resident so I appealed the fine. They turned it down on the basis that the enforcement officers had followed correct procedure in clamping the car. I appealed again, explaining that I accepted that it was my fault that the permit was not displayed, but that I was appealing on the basis that it's unfair that someone who is a genuine resident has to pay the same fine as someone who is not.

As a compromise I proposed that they only refund me €100 of the €125, in recognition of the fact that they had to spend time and effort clamping and unclamping my car due to my neglect in not displaying the permit. But again they rejected the appeal on the same basis as before, without responding to my arguments at all which was disappointing.

So now I am thinking of challenging their right to levy this fine on the basis that it is inequitable to fine someone who is entitled to park there the same amount as someone who is not. But I don't really have any idea how to go about doing this so I was hoping someone might be able to answer a few of my questions.

1. Can I appeal this through the Small Claims Court, do I have to hire a solicitor etc.?
2. Does anyone think I have a genuine chance of winning? Remember, I'm not disputing the fact that they were correct to clamp the car in the circumstances - I'm disputing that I should have to pay the same fine as someone not entitled to park there.
3. If I lost would I have to pay costs? Is there any limit on how much this might be?
4. Would it be taken into account by the judge that I tried to reach a compromise but the other party just ignored me?

Any help appreciated, thanks.

 

[Cat101]

I proposed that they only refund me €100 of the €125, in recognition of the fact that they had to spend time and effort clamping and unclamping my car due to my neglect in not displaying the permit.

Did you put that in writing? Think your in the wrong anyway..
and if they can prove you accepted liability..,
I doubt you have a leg to stand on....sorry.

 

[mathepac]

I live in an area that requires you to display a resident's parking permit in your car at all times. ...

Given that you know the requirements for the operation of the residents' parking system in your area, and admit you did not meet those requirements, plus as your car was new, the parking operatives could not have made a ready association between the illegally parked car and you, why would you bother wasting time money and effort going to court? Life is too short, IMHO

 

[niceoneted]

....."the basis that it is inequitable to fine someone who is entitled to park there the same amount as someone who is not".....

I suspect it is a public place and therefore anyone can park there as long as they have the required permit or paid parking ticket. Therefore it is not a case of one over another having an entitlement to park there. Are you going to have the same argument over forgetting to tax your car or renewing your driving license or swapping over your insurance disc etc.

Pay the fine and drop it you mad a mistake, learn from it.

 

[callybags]

I'm disputing that I should have to pay the same fine as someone not entitled to park there

What entitles you to park there is the display of a permit, not the fact that you live there.

You didn't display the permit, so therefore you have no case.

 

[McCrack]

Yes I'm agreeing with the other replies, as harsh as it may seem you have no legal redress whatsoever.

 

[Rikimaru]

Life is too short, IMHO

I think you're right to be honest, just think that it's bang out of order that I can get hit for €125 for parking somewhere I'm perfectly entitled to park.

Appreciate the honest replies all.