Issue in Court today re' illegal parking

Was the stated location ever one near where you would park? I was just wondering if a mistake was made taking down somebody else's reg and you got hit with the summons?

Sorry for your troubles BTW. Doesn't sound like you were dealt with politely at all.

I don't believe that you have the right to get a parking ticket as a first step in the case of a parking offence i.e. you can be summonsed straight to court without being given the option of a paying a fine.

I find it very strange that the OP's parking summons was adjourned to March, parking cases are almost never adjourned. If the Garda or traffic warden doesn't show up, they are typically dismissed.

Judge asked me how I pleaded to the double yellow and I said I didn't get notices on the day or via mail afterward. He told me to hurry up and asked what way I wanted to plead.

As you never got a notice in the post about a ticket, I'm going to assume that this prosecution was initiated by a Garda and not a traffic warden.

Was there a Garda in court to give evidence? The way you've described the court procedure doesn't sound right. If evidence was presented by a Garda then you would have been either convicted or found not guilty on the day. If your Garda wasn't available because of Covid (close contact etc.), all of his/her summons would have been adjourned en bloc and you would not have been in front of the judge to answer in the way you've described.

Gardai don't attend on the first day for summons matters in the CCJ anymore, court presenters represent them and they only attend on the hearing date.

You absolutely do have a right to a FCPN first, you can't be summoned straight to court for any fixed penalty offence, to initiate any such proceedings where no FCPN has been issued is an unlawful process, and even in cases when you are eventually summonsed you then also get one final chance to pay a higher FCPN to avoid the proceedings.

It seems you are loosely describing is the upcoming pre trial procedure where counsel will be able to represent the prosecuting Garda, and it will only apply to certain indictable offences, based on the CC pre trial non statutory procedure in place since 2012.

To proceed with the hearing for a summary offence the prosecutor needs to be present, the first day is the hearing, if the prosecuting Guard is not present when you are called the case will usually be struck out, it would be rare for a dismissal or adjournment in such a case without good reason, but if there was there would be no plea made.

Back to the OP, as Coylemj rightly notes the way they "described the court procedure doesn't sound righ", it simply does not add up based on the information we have.

Witcher said "Gardai don't attend on the first day for summons matters in the CCJ anymore", the presenter is a member of the Gardaí (usually an inspector) and acts as the prosecuting Garda with the case being heard on the day.

At least that has been the case until recent enough, unless there are special procedures introduced in recent times applicable to the DMDC as I have not sat that court in some time.

Both my statements mean the same, but the confusion for me is coming from Witcher saying Gardaí don't attend the first day, is the presenter no longer a Garda, is it a civilian because that's the impression I got and the basis of my reply.

what was the offence on the summons?

so did you get the summons on the morning of the 5th Jan with court appearance a few hours later?

I assume not.

So you had plenty of time to think and have a reply ready.

Judges absolutely hate prevaricating. Come in front of a judge acting as if you are dumb and you get the response you got.

You'll get worse in March if you try this again.

You answer the question as honestly as you can. If warden put down tax and insurance, then possibly it was incorrect car.

If you do park at the location now and then and have a habit of not always paying for parking, then its likely you did get the ticket.

Ticket goes to registered address of the car. I don't believe in "lost" post. Neither do most judges. You either got it and trying to convince yourself you didn't or you got it and threw it out as you thought it was junk mail, or you car is registered to a different address. (unlikely if you got the summons)

So in March, when asked, answer yes or no. No dilly dally. Have the reasons for no and hope they don't have a photo

The Gardai are so incompetent. Once I was stopped for a traffic offence. I was asked to produce proof of Tax and insurance to my local Garda station, which I did. Nevertheless, I was summonsed to Court for failing to have valid Insurance and Tax. I produced my documentation to the judge who promptly threw out the case. A member of AGS stood up to apologise to the judge for the administrative error.

Garda don’t put anything on your windscreen for illegal parking and not required too as neither is a traffic warden but they usually do .

I got one 2 yrs ago and first I knew of it is when I received a letter telling me I had a €40 fine for DYL and it would be going to €60 after 28 days.

It was given by a traffic warden in a local town and when I called to council office to enquire about ticket and told them I didn’t receive anything on windscreen girl said if weather is very wet wardens usually just note number etc and take photo. She had pictures of my van on DYL so I just paid up ..

You mentioned FCPN ? That’s what they put on your windscreen. Fixed Charge Penalty Notice . Anything in post is a reminder to let you know you have received one .

Incorrect, a FCPN is either put on a window or posted to you, what you receive in the post is not a reminder you got a FCPN on your window, it is the FCPN itself.

Yes, but I didn't say it must be put on your window, a FCPN must be issued and served first, it does not have to be done then and there however, they are usually posted to your address.

Any offence which is a declared FCP offence can not bypass the FCPN stage and go straight to court, such a prosecution is statutorily barred, S35 (2) of the Road Traffic Act 2010. A FCPN must be issued, served and failed to be paid as a precondition to proceedings.

But sure everyone can say then that they didn’t receive anything in post . This used to happen a lot with go safe speeding fines but I think they found some way around it . Maybe they need to send it by registered post ? .

Anyway regarding OP if it were me I’d try and contact the guard in question or go to local Garda station and try and explain my case . Something doesn’t add up here .Did they receive court summons by registered post or was it hand delivered? .

"But sure everyone can say then that they didn’t receive anything in post . This used to happen a lot with go safe speeding fines but I think they found some way around it . Maybe they need to send it by registered post ?"

Indeed everyone cay say it, but not everyone can prove it (on the balance of probability) to rebut the statutory presumption of service of the FCPN.

The Oireachtas did indeed find (for a short while anyway) a way around the issue, however, the solution was subsequently found unconstitutionaol in a 2019 High Court Judicial Review, to make things worse the JR also unwound all the previous case law on what was deemed to be considered service of a FCPN when the defence of non receipt of the FCPN was raised.

Pay the fine and contact the Garda about it and see will they strike it out after you pay the fine.

What happened to your March court date???

Contact the Garda first then. Be apologetic