Car Park Fine - too close to corner

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newo

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I have received a notice in the post €40 fine for not being 5 metres away from a corner. There are a few spots which commuters take each day (about 7 in total) outside my brother's apartment close to the Luas, if I don't get one of these I bite the bullet and have to go pay the €4 in the Luas park and ride. However, I NEVER park in any of the spots (which some cars do) which are close to the bend, and would definitely dispute that my car was not 5 metres away from the corner.

Anyway - this is the first that I have heard of it and wondered, should I not have had a ticket or something put on my car? Can I demand to see proof of the accusation? I'm imagining I will just have to pay it but surely they can't just go around accusing people wrongly of parking too close to a corner without providing photographic proof or something in the event I want to dispute it?

Thanks :confused:
 
Not sure how proof works but I did once receive a ticket in the post for illegal parking, on a road where I did illegally park occassionally, but I never came back to my van to find a ticket on it.

But your car doesn't have a letterbox, and so the ticket may have been there, and removed by someone. Hardly the parkies fault.

There are posts on here about people from Galway getting tickets about parking in Dublin, and they say they've never been to Dublin. So mistakes can happen.

Unfortunately I think the onus is on you to prove a negative... i.e you have to prove it wasn't you, which is next to impossible. I could be wrong here, and photos may exist. Has anyone ever seen a parkie with a camera?

Even with photos it wouldn't be conclusive proof of parking at the wrong time, and digital photos can't be used in court due to photoshop. Companies are trying to come up with ways of 'proving' digital photos, using digital watermarks etc, but this is technically difficult.

It'd also be hard to judge distance using a photo, so your case wouldn't be helped. Has anyone seen a parkie measure the distance from a corner to a car?, or is this distance marked on some roads?

Techniques also exist to produce fake, old fashioned photos, but this is much harder apparently. Especially altering a negative, rather than producing a false photo without a negative. The CIA can probably do it, but not your average assasin.
 
Unfortunately I think the onus is on you to prove a negative... i.e you have to prove it wasn't you, which is next to impossible. I could be wrong here, and photos may exist. Has anyone ever seen a parkie with a camera?
Click to expand...

I have seen a parking attendant take pictures of a car illegally parked, in Blackrock, I think it was last summer... Not sure if it's the norm, but I've definitely seen it done. newo, I'd definitely ask for more detail and evidence, there's no reason not to at least ask!
 
If the photo was taken with a digital camera I don't think it can be used in court, for the Photoshop reason.

A close read of the legislation, as regards proof, from IrishStatuteBook may be in order for the OP.

The ticket should give the legislation you were fined under, you could read that.


edited to add:
There is a long post on here from me, from years ago, where I got a speeding ticket. At the time a paper printout was required as proof, even though the Garda didn't have the equipment. So I challenged it in the District Court, and it was cut and dried, the legislation was very clear. The district court judge didn't agree, so I had to appeal to the Circuit Court, where the State chose not to contest the case. Not very impressive.. the State acted like a bully, as did the District Court judge.

If they had a case they would have contested it. It was a known problem. The DPP should never have allowed the case to go ahead as the Garda didn't have the required evidence.. but the DPP seemed happy to attempt to bully people too.

another edit: It's no-ones fault but our governments, that they write legislation which demands too much of the Garda.. and which the Garda can never comply with.. the problem is that the State chose to ignore this, and bully people, knowing full well that all speeding cases technically didn't have the required proof, as stated clearly in the legislation. The DPP should be independant, so I was surprised at him allowing the case to go forward.



My point is that the State might not have the required evidence to prove this case either.
 
Road markings can be incorrect.

For example, (I've high lighted this before).. in Dundrum Village they put parking on one side of the road only, but didn't move the center line,.. so everyone going in one direction has to cross the center line, leaving them liable for crashes, as they're on the wrong side of the road. In other words, one lane is too small.

Yes, parking within 15 feet of a corner is an offence.
 
Guns N Roses said:
Maybe you should read Page 116 of the "Rules of the Road"?
Click to expand...

Thanks for the smart comment Guns n Roses, maybe you should read the posts properly! IT WAS THE FIRST TIME I'D HEARD (discovered) THAT I'D BEEN ACCUSSED OF PARKING ILLEGALLY, i.e. I would have expected to have some kind of indication that I was to receive a fine - not the first time I'd heard of the rule.

Fully aware of the rules of the road thanks, it is the law which my question was about ;)

I'm still confused, thanks for the help everyone. I dispute the fact that I was parked illegally. Considering dropping into the police station over the next few days to ask my rights.
 
Were you within 45 feet of the corner?

Digital pictures will be admitted as evidence in the district court.

As for your rights, you have the right to defend yourself in court against the charges.

If you want a crusade go ahead but if they have the evidence you will be convicted.
 
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