Fixed Charge Notice

W

wicklowcpl

Guest
I have received a Fixed Charge Notice - Parking on a Footway - (Driver) contrary to section 35(5) of the Road Traffic Act, 1994. The reg number of the car is correct, however the car was actually parked on a grass verge, and only the name of the town where the car was parked is listed, as in at Aughrim, Aughrim, Wicklow.

I have three questions.
1. Should a copy of the notice not have been placed on the car, a ticket?
2. Should the Fixed Charge Notice not state ROAD TRAFFIC (TRAFFIC AND PARKING) REGULATIONS, 1997, section 36 (2) (i)?
3. Should the name of the Road where the car was parked not be listed?

Basically if I fail to pay this and get a court summons what are my chances of the Judge striking out the conviction, if the Garda in question turns up, and states the name of the Road & that is was in fact parked on a grass verge?
 
Ancutza.

Let me ask you this. If you were prossecuted under the incorrect law would you accept it?
 
sparkee

Have you ever been to Aughrim in Co. Wicklow? If so you would know that to park on the Road would infact block 1 full lane of traffic and therefore be cause a traffic management issue's for which you can be prossicuted for. 2. As I said the car was NOT parked on a Footway, it was parked on a verge, which is not covered in Section 35(5) of the 1994 Act.
 
The ROAD TRAFFIC (TRAFFIC AND PARKING) REGULATIONS, 1997 are regulations made by the Minister under the powers he has under the Road Traffic Act. You have identified the relevant section that makes parking on a grass margin illegal.

You have broken the Road Traffic Act which allowed the Minister to make these regulations.

Section 35(5) of the Act makes it clear who has committed the parking offence - the owner or (for a hire car) the renter of the car.

Pay the fine.
 
breakdabank

How about the fact the notice does not state where within Aughrim, I parked? Is it sufficient for the notice to state Killarney, Kerry, or Drumcondra, Dublin 9?
 
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