Garda unfair Fine

Glencarraig · 12-12-2023 5:36pm

https://www.boards.ie/discussion/comment/121487349#Comment_121487349

Even better.........put him in with Enoch.

elperello · 12-12-2023 5:39pm

This thread is an eye opener for me.

I never knew it was an offence for a learner to sit in the driving seat of a parked car with the engine off.

Only a couple of weeks ago I was roped in to accompany a Learner Permit holder who was going on an errand. It seemed a perfect opportunity for them to get some driving experience.

As it happened the learner parked and left me in the car and was gone for about 15 minutes.

It could just as easily have been the other way around and I would have left them alone behind the wheel without a thought.

I'd have been very remorseful if I had contributed to the learner being fined.

A cautionary tale for all us full licence holders, maybe we need to read up on the rules a bit more.

Donald Trump · 12-12-2023 5:59pm

https://www.boards.ie/discussion/comment/121487604#Comment_121487604

The cautionary tale is not to be a dickhead and think you can park in a disabled spot. It's very unlikely the guard would have bothered him if he hadn't

pgj2015 · 12-12-2023 6:05pm

Start as you mean to go on, the driver needs to cop on and obey the rules of the road, sounds like he is the type to break all the driving laws, doing what he did on a provisional is crazy and shows his lack of respect for the law.

elperello · 12-12-2023 6:17pm

https://www.boards.ie/discussion/comment/121487662#Comment_121487662

Yes but the fine is for being unaccompanied.

The fact that it was detected due to his parking is incidental.

The offence which he was fined for is the take away point for me.

A member of AGS seeing someone sitting alone behind the wheel of a parked car displaying L plates might just as easily decide to investigate.

nachouser · 12-12-2023 6:26pm

Hopefully their road tax is up to date.

Seth Brundle · 12-12-2023 7:37pm

https://www.boards.ie/discussion/2058326480/garda-unfair-fine

You are meant to be supervising his driving. You (and he) both failed to see that he parked the car half in a spot reserved for disabled people as if it was nothing. This is a perfectly good reason for the garda to issue a ticket and we really need to see more of this because it highlights the sense of entitlement and apathy that exists amongst many people driving.
In my experience (and not that I've ever done it!), a garda who saw a driver sitting in a car with its wheels "slighlty [sic] in a disabled parking spot" would have asked them to move it forwards. There is something missing from the story here - your OH either was fully parked in the spot or they got smart with the garda - which is it?
He presumably does not have a provisional - he has a learners permit which means that he doesn't have any form of drivers licence. (If I'm incorrect and he is one of the few who does have a provisional then this would show that his driving abilities are so bad that he hasn't passed a test!).
As you now know, whoever is sitting in the drivers seat with the keys is deemed to be in charge of the car.The same logic can see people "sleeping it off" being done for drink driving!
That the garda was still there ten minutes after the event suggests that he was taking it seriously despite how you casually describe the situation to us (and for whatever resason deem it to be unfair).

Still, you can look forwards to seeing what his insurance renewal comes to now!

GNWoodd · 12-12-2023 8:42pm

https://www.boards.ie/discussion/comment/121487526#Comment_121487526

For God’s sake ! What any sensible Garda would do would be to ask him to move the car off the Disabled Parking Bay and if this was done the matter should be at an end . And yes ignore the fact that he would have to drive unaccompanied to do so. Only those involved know the finer details of what happened so we can only go on what has been posted here.

SCOOP 64 · 12-12-2023 9:18pm

My son is learning to drive at moment insured in my car i am always with him, now last week he was driving i asked him to pull in so i could go to the shop to get a coffee now if a garda approached he could be prosecuted for being a unaccompanied driver, seems ridiculous.

Slightly Kwackers · 12-12-2023 9:52pm

https://www.boards.ie/discussion/comment/121488415#Comment_121488415

I suspect there is a pertinent detail or two missing from the original post.

"It is against the law for you to drive unaccompanied on a learner permit" RSA Website.

The other thing not mentioned is the ownership of the car, if it was the ladies vehicle provided as a learning tool for the boyfriend, then she needs to put a complaint in if she wasn't fined also. Giving him the keys and no clear instruction that he wasn't to move the car without her, is permitting him to commit the offence.

erlichbachman · 12-12-2023 10:03pm

I’d appeal it, though I’d even go back and take a picture of the car parked, and maybe a smidgen in my favour too whilst recreating the scene, and present this as evidence, not saying anybody should do this, but just what I would do.

ohnonotgmail · 12-12-2023 10:06pm

https://www.boards.ie/discussion/comment/121488599#Comment_121488599

"Hello guards, you forgot to charge me with an offence." Brilliant strategy.

ohnonotgmail · 12-12-2023 10:07pm

https://www.boards.ie/discussion/comment/121488656#Comment_121488656

He wasn't charged with being parked illegally so what good would this do?

erlichbachman · 12-12-2023 10:13pm

https://www.boards.ie/discussion/comment/121488415#Comment_121488415

And a judge would find it ridiculous too and bin it

Charles Babbage · 12-12-2023 10:19pm

https://www.boards.ie/discussion/comment/121487345#Comment_121487345

If he was asked to move the car and he drove it unaccompanied, even if only 2m, then clearly he is guilty of driving unaccompanied. He would have been fine if he had pushed it or asked the guard to sit in the passenger seat.

I suspect that the Garda saw him drive in, but we don't know this.

elperello · 12-12-2023 10:38pm

https://www.boards.ie/discussion/comment/121488733#Comment_121488733

It's already been established that just by sitting behind the wheel of a parked car with the engine turned off he committed an offence.

Therefore moving the car was immaterial.

At least if this thread did nothing else it has drawn attention to this little known law.

12-12-2023 10:56pm

Why is the OP now missing in action? 🧐

I do realise she might be waiting for a slew of replies before evaluating.

nachouser · 12-12-2023 11:02pm

It's just another walter mitty re-reg made up thread.

Sierra Oscar · 12-12-2023 11:12pm

https://www.boards.ie/discussion/comment/121488656#Comment_121488656

You can't just present random photos and admit them into evidence. The Garda would rightfully object to it being admitted as evidence and the Judge would most certainly rule in their favour.

Ginger83 · 12-12-2023 11:16pm

As a disabled parking permit holder myself it's quite annoying coming across spaces being abused daily even though he wasn't fined however I suspect he was seen driving in on his own. I suspect he dropped herself off, fecked off for an hour and was seen returning alone.

JVince · 12-12-2023 11:16pm

How on earth do people believe such crap as the op? Even moderators seem sucked in.

FFS, READ the utter sh1te written.

"Provisional licence" - hasn't been called that for decades.

Op returned after about 10 minutes and THEN the Garda gave the ticket.

You really think a Garda hung around for 10+ minutes for crap like this.

It's a TROLL and you all fell for it.

Slightly Kwackers · 12-12-2023 11:57pm

https://www.boards.ie/discussion/comment/121488672#Comment_121488672

Public servants need to do their jobs efficiently do they not?

If someone doesn't remind them of their duties regarding fairly trivial offences wouldn't it encourage people to commit bank robberies, mass murder or spend their lives high on illicit substances if the guards are happy to dish out a parking fine and call it a day?

Seriously, my point was that a fine for being in an illegally parked car seems a tad short on facts.

You can be prosecuted for being drunk in charge of a vehicle in the UK, the possession of keys being a "key" factor, but you have to drive the car to be prosecuted for driving when unsupervised.

If it wasn't his vehicle, which I would think was the case for a learner due in no small part to insurance/ performance factors, then two fines should have been issued. I wonder why not?

13-12-2023 12:07am

https://www.boards.ie/discussion/comment/121489042#Comment_121489042

Mods on this site 🙄🙄

13-12-2023 12:16am

https://www.boards.ie/discussion/comment/121489181#Comment_121489181

Gardai may see a case of inappropriate road behaviour and look to the simple prosecution of the more serious crime, for plain expediting the case, less processing, give a warning over the lesser element, then take serious action over the part that might garner more attention from a judge.

I was nearly run down on my own very quiet estate recently by an ill-tempered driver who didn’t like how slowly I was crossing due to MS, he blared horn and gave abuse, I reported to local guard who called fine to his house to have a word. The local guards did not like the idea of a person with a disability being bullied in any form.

Jim2007 · 13-12-2023 9:24am

https://www.boards.ie/discussion/comment/121488306#Comment_121488306

No a sensible Garda would ask him to break the law and move a car. Not to mention if anything happened he'd say but the Guard told me to.... Better leave the commons sense stuff to someone else.

Shield · 13-12-2023 4:18pm

Mod: Discussion moved to Motors. Please read the Motors before continuing to comment.

-Shield

Garda unfair Fine

Comments