# Parking fine - is 2 in one day valid?



## morningperson (26 May 2009)

I received 2 parking fines for parking on a footpath (40 euro). Paid the first, and was about to pay the second when I saw it was for the same date. I sent in a letter to the fixed charge processing office querying if I had to pay both fines as they were for the same date. They replied saying one was for 10 a.m. and one for 3 p.m., as the times were substantially different the second fine stands. In following this up the time to pay has gone past 28 days so I have to pay 50 percent extra on the second fine.
Anyone know if there's a time limit past which you can receive a second fine in one day? If not how many times could you be fined in one day, theoretically?


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## Smashbox (26 May 2009)

How many times could you get caught speeding, do ya think? And would you have to pay everytime you get caught?


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## onq (26 May 2009)

This may go to the length of time that must pass before an offence is committed.
But there must be regulations, terms of reference, that the people issuing the fines must abide by, and that suggests the Council, unless it was a policemen, in which case ask the Gardaí.
But there is a difference between parking out of time at a meter and parking improperly and committing an offence under the Road Traffic Act, such as obstructing a footpath.
I'd say in practical terms it goes back to how many times the parking warden or Garda passes it on his rounds.


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## callybags (26 May 2009)

I would have thought you cannot be fined twice for the same offence.

The OP only parked on the footpath once.


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## Smashbox (26 May 2009)

But was there for an obvious extended period of time


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## tiger (26 May 2009)

Was this one parking offense or two?  i.e. had you moved the car between 10 & 3pm?


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## gipimann (26 May 2009)

callybags said:


> I would have thought you cannot be fined twice for the same offence.
> 
> The OP only parked on the footpath once.


 
That's not clear from the OP's post - was it one incident or two separate ones?



Smashbox said:


> How many times could you get caught speeding, do ya think? And would you have to pay everytime you get caught?


 
Wasn't there a guy who accumulated 8 penalty points in 2 hours some time back, having been caught by 4 speed cameras during that time?!


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## Smashbox (26 May 2009)

gipimann said:


> Wasn't there a guy who accumulated 8 penalty points in 2 hours some time back, having been caught by 4 speed cameras during that time?!


 
I heard similar alright, in that you could easily lose your licence due to the amount of times you can get caught theoretically


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## morningperson (26 May 2009)

tiger said:


> Was this one parking offense or two?  i.e. had you moved the car between 10 & 3pm?




Hadn't moved the car...hadn't returned to the car in the intervening time...I'm interested to know how many offences it is...
 - would there be a rule to say how often the offence can be committed i.e. if you were fined every 5 minutes it wouldn't be fair, but every hour or so is valid?
 - does it differ from someone caught speeding multiple times on the same journey?


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## rosemartin (26 May 2009)

if you remained in one spot it is not valid, you cannot be proscessed for the offence twice, now if you moved the car or took one fine off and left the car and the people who detected the offence were unaware of the previous fines you may have a few questions to answer.

any way from reading between the lines you were illegally parked so just pay upand not be looking for excuses


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## morningperson (26 May 2009)

rosemartin said:


> if you remained in one spot it is not valid, you cannot be proscessed for the offence twice, now if you moved the car or took one fine off and left the car and the people who detected the offence were unaware of the previous fines you may have a few questions to answer.
> 
> any way from reading between the lines you were illegally parked so just pay upand not be looking for excuses




The car wasn't moved. Also there was no record of the fine or any ticket on the car at all.


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## bond-007 (26 May 2009)

You can only be ticketed once per day for a continuous offence. Fact. I have worked in the trade.


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## onq (27 May 2009)

bond-007 said:


> You can only be ticketed once per day for a continuous offence. Fact. I have worked in the trade.



That's a very useful thing to know. Thanks.


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## Bubbly Scot (27 May 2009)

morningperson said:


> The car wasn't moved. Also there was no record of the fine or any ticket on the car at all.



It could be said that the 10am ticketer and the 3pm ticketer were not the same person.With no evidence of the earlier one being issued, so the second one was.



bond-007 said:


> You can only be ticketed once per day for a continuous offence. Fact. I have worked in the trade.



Might be an urban legend but I've heard of people who, knowing they were done once would continue with the offence thinking they couldn't get done again. I mean parking illegally, overstaying a meter sort of thing.


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## bond-007 (27 May 2009)

Bubbly Scot said:


> It could be said that the 10am ticketer and the 3pm ticketer were not the same person.With no evidence of the earlier one being issued, so the second one was.


If the first ticket was removed, a second could be issued but that does not mean the second ticket could be enforced. The accused could argue this in court and most likely win.





Bubbly Scot said:


> Might be an urban legend but I've heard of people who, knowing they were done once would continue with the offence thinking they couldn't get done again. I mean parking illegally, overstaying a meter sort of thing.


Correct. Only 1 ticket per day per violation. So say if the car is ticketed at 10am for an expired meter it can be left there all day without fear of another ticket.


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## morningperson (27 May 2009)

bond-007 said:


> You can only be ticketed once per day for a continuous offence. Fact. I have worked in the trade.


 
Sounds good but this is the response to my letter querying this with the processing office.

"As there is a considerable time difference between the two offences, the second Fixed Charge Notice still stands".

Obviously I wouldn't pay the second fine if I didn't have to, but I don't see any way around it, maybe I can appeal later, or I will be summonsed in the meantime!!


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## Caveat (27 May 2009)

bond-007 said:


> Only 1 ticket per day per violation. So say if the car is ticketed at 10am for an expired meter it can be left there all day without fear of another ticket.


 
Interesting and useful to know Mr Bond.

I had suspected this was the case but didn't have the neck to test it.


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## bond-007 (27 May 2009)

The only rider that I would add is if the local authority has clamping and towing. There would a good chance the car would be clamped or towed if left there for a while.


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## Caveat (27 May 2009)

bond-007 said:


> The only rider that I would add is if the local authority has clamping and towing. There would a good chance the car would be clamped or towed if left there for a while.


 
But only if it was causing an obstruction surely?

No clamping/towing where I am anyway - come to think of it, very few traffic wardens either.


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## bond-007 (27 May 2009)

It is actually amazing that the back office staff do not know the rules very well at all.


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## bond-007 (27 May 2009)

morningperson said:


> Sounds good but this is the response to my letter querying this with the processing office.
> 
> "As there is a considerable time difference between the two offences, the second Fixed Charge Notice still stands".
> 
> Obviously I wouldn't pay the second fine if I didn't have to, but I don't see any way around it, maybe I can appeal later, or I will be summonsed in the meantime!!


The processing office wants its money. They are not in the business of cancelling tickets. They are trying it on. They know in the vast majority of cases that most will fold and pay up after a standard letter form the processing office.

The only way forward would be to pay the earlier one and let the second one go to a summons and the judge will dismiss it. Unless they have evidence that the car was moved between the two times you will win. It is one continuous offence and not 2 offences.


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## Pee (27 May 2009)

bond-007 said:


> The processing office wants its money. They are not in the business of cancelling tickets. They are trying it on. They know in the vast majority of cases that most will fold and pay up after a standard letter form the processing office.
> 
> The only way forward would be to pay the earlier one and let the second one go to a summons and the judge will dismiss it. *Unless they have evidence that the car was moved between the two times you will win. It is one continuous offence and not 2 offences*.


 
Are you saying if I dont tax my car for lets say a month I can only recieve one fine as it's only one offence?


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## bond-007 (27 May 2009)

It is a new offence each day. Same with parking.


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