Parking fine expiry date

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britvic55

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If a parking fine is unpaid within 28 days. it now becomes 56 days with fine increased from 40 euro...to 60 euro. If not paid within that period, it will result in court appearance.However it states on the ticket Mon/Fri office hours IE 5 day week ? Card payment accepted by phone 7 day week ? My good friend concludes that only 44 working day had expired not 56 days when trying to pay fine, which was declined ? any info welcome.
 
How much were they paying, was it €40 or €60? If it was €40 and after the 28 days it would have been refused, try paying the €60 and see how you get on. I think you've answered your own question
 
Apologies, he missed the 28 day period, and went to pay within the 56 day period. However on their calendar of 7 day week. time for payment of 60 euro had elapsed.but on his calendar which worked from parking ticket information, only 44 working days had elapsed ? This is clearly written on all parking tickets issued, so who is correct ?
 
If the penalty notice does NOT differentiate between days and working days then I would think you are, sorry your friend is on a 'sticky wicket'.

britvic55 said:
Card payment accepted by phone 7 day week
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To me would indicate that 56 days means just that and not 56 'working days', as payment can be made anytime within that allowed time and not just during normal 'working' time/day.

britvic55 said:
but on his calendar which worked from parking ticket information, only 44 working days had elapsed ?
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'His' calendar doesn't really matter and his interpretation, I suspect, would not carry much weight either.
 
Thank you for your response Sparkrite, at this stage I can't really advise, guess it's up to the judge when his appearance is required.
 
britvic55 said:
Thank you for your response Sparkrite, at this stage I can't really advise, guess it's up to the judge when his appearance is required.
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In the absence of a terms to suggest otherwise, a judge will accept that a day is a day, and the 56 day period includes all 7 of them in any given week.

This isn't a novel legal loophole here...not a hope of this argument succeeding.
 
I never suggested Leo that it was a legal loophole ? I simply asked the question on behalf of a friend. If the Learned Judge decides 5 day..7 day anyday,. maybe the appeal process is s an option, many have lost at district court level, but succeeded at circuit court level. But thank you for your reply, all replies are gratefully welcomed, thank you
 
britvic55 said:
I never suggested Leo that it was a legal loophole ? I simply asked the question on behalf of a friend. If the Learned Judge decides 5 day..7 day anyday,. maybe the appeal process is s an option, many have lost at district court level, but succeeded at circuit court level. But thank you for your reply, all replies are gratefully welcomed, thank you
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Fair enough. Penalty terms relating to late payments are common in contract terms, they always refer to calendar days so I can't see any judge going against such extensive precedent and deciding to add terms that aren't there.
 
Thank You Leo, appreciate your input. have informed my colleague of all replies, unfortunately he now has no choice but to attend court, whenever that may be, and hope for the best.
 
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Certainly will do that Leo, I'm led to believe all road traffic cases will not be called before June/July. So once he gets dealt with will post result.
 
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Happily, a lot of traffic wardens don't really like giving evidence in court and it's not unknown for them to go sick on the day. There's a reasonable chance of this happening and if it does the summons will be struck out.
 
britvic55 said:
Certainly will do that Leo, I'm led to believe all road traffic cases will not be called before June/July. So once he gets dealt with will post result.
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Update 4th June 2021, have been informed by my colleague that regarding parking fine situation, no further action will be proceeding, this was I'm informed confirmed to him by council legal dept !
 
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