Parking Fine Appeals Policy

TRAFFIC  DEPARTMENT

  

PARKING FINE APPEALS POLICY - Parking fines will only be dealt with in writing in accordance with this policy.

 

 Introduction:

 The Parking bye laws and Regulations are designed to assist the motorist, by eliminating obstructions, reducing congestion, and improving the free flow of traffic. The parking bye laws and regulations also increase the turnover of on-street parking spaces - making the streets in Longford Town more accessible for all.

 

The responsibility is on the motorist to ensure compliance with the parking bye laws. Motorists must also comply with the National Parking Regulations governing illegal parking on double yellow lines, single yellow lines, obstruction of junctions, footpaths etc when they park their vehicles within the paid parking enforcement area of Longford Town.

 

It is important that a policy on parking fine appeals is in place to ensure and show that appeals are adjudicated on in a fair and transparent manner.

 

This Policy stipulates the procedures to be adhered to without exception and provides clarity for decision-makers. It also clearly documents to persons who wish to appeal a fixed charge notice how to go about it, what time frame is involved and how the appeal will be processed.

 

If you believe that the fixed charge notice (parking fine) you received should not have been issued, or that there are extenuating circumstances why proceedings on foot of the notice should be discontinued, you may submit an appeal under the Council’s Parking appeals Procedure.

 

In order to avoid any confusion, the term “Traffic Fine” will be used instead of “fixed charge notice” in this policy document.

 IMPORTANT INFORMATION:

You should be aware, prior to submitting an appeal or requesting a review of a decision that the following timeframes apply in relation to the payment of all Traffic Fines as amended under Statutory Instrument 247/2017 of the Road Traffic Act 2010 Part 3 which came into law on 1st June 2017.

Longford County Council has no discretion in relation to implementing this legislation.

 

  1. Payment of the fixed charge may be made during the period of 28 days from the date of issuing of a Traffic Fine

 

  1. If payment is not made during the period of 28 days from the date of issuing of the Traffic Fine, payment of the initial amount plus 50% may be made within the following 28 day period. For example, if a Traffic fine of €40 is not paid within 28 days from the date of offence it will increase to €60 afterwards.

 

 

 

Appeals Policy

 The Appeals policy below explains how the Council’s Parking Appeals procedure operates.

  Appeals must be made;

 a) In writing using the appeals form which is available online or by letter and sent to:

 

Longford County Council,

Traffic Department,

Camlin Court Offices,

Gt. Water Street,

Longford

 

  1. b) Or by email to parkingfineappeals@longfordcoco.ie

  All appeals must be written clearly and legible

  •  Appeals must be submitted by the registered owner of the vehicle or by a person nominated by them as the driver.
  •  Appeals must be received within 14 days of the date of the alleged offence;
  •  Appeals received outside the period of 28 days after the alleged offence will be deemed invalid and will be rejected;
  •  All Appeals must include the Name, Address and Contact Telephone Number of the Applicant;
  •  All Appeals must include the Fixed Charge Notice (Fine) Number;
  •  All Appeals will be treated as invalid and will be rejected if any of the above information is omitted;
  •  All Appeals will be treated as invalid and will be rejected if the Grounds of Appeal are under any of the offences listed below;
  •  All decisions made by Longford County Council in relation to traffic Fine appeals are final;

 

 Appeals will not be considered for any of the following parking offences

  • Parking a vehicle in a parking place in which parking is subject to the payment of fees without paying the specified fee - or failure to clearly display a valid parking disc or other permits, i.e. Carers, Residents & Visitors.
  • Parking a vehicle in a place prohibited, e.g. Bus Lane/Bay, Taxi Rank, loading bay, or in a pedestrianised area or any other prohibited areas.
  • Parking in a disabled parking bay without displaying a valid Disabled Persons Badge or disc
  • Parking a vehicle on double yellow lines.
  • Parking a vehicle wholly or partly on a footpath.
  • Any other form of illegal parking.
  • Parking in a manner prohibited e.g. Double parking
  • Commercial vehicle parked longer than time allowed (30minutes) in loading bay without loading or unloading.
  • Failure to see or read signs
  • Failure to find a parking ticket machine
  • Failure to display a current Tax Disc

 

*See RSA rules of the Road here    http://www.rulesoftheroad.ie/Rules_of_the_road.pdf

 

Any correspondence relative to any Appeal will issue by post to the Registered Owner of the vehicle (as entered in the Department of Transport Vehicle Owners Register) unless otherwise requested in writing;

  All traffic Fines stand unless or until Longford County Council or its authorised servants and/or agents confirm otherwise in writing;

 Longford County Council and/or its authorised servants and/or agents will not accept any responsibility for non-delivery of post;

 

Nominations:

 If the Registered Owner was not driving the vehicle when the traffic offence was committed then the Registered Owner must, within 28 days of the date of issue of the Traffic Fine, inform Longford County Council of the person who was in charge of the vehicle at that time;

 Nominations must be made in writing or by e-mail;

 Nominations must be sent to:

 Longford County Council,

Traffic Department,

Camlin Court Offices,

Gt. Water Street,

Longford

 

               Or by email to   parkingfineappeals@longfordcoco.ie

 All Nominations must include the Name, Address and Contact Telephone Number of the person making the Nomination (in the case of a corporate/non-incorporated entity this should be an authorised officer of the entity i.e. Business Name Owner, Company Secretary or Company Director);

 All Nominations must include the Name, Address and Contact Telephone Number of the nominee;

  •  All Nominations must include the traffic Fine Number;
  •  All Nominations must include the Vehicle Registration Number;
  •  All Nominations must be signed by the person making the Nomination;
  •  All Nominations will be deemed invalid and will be rejected if any of the above information is omitted.

 

Receipt of Traffic Fine appeal:

 

When a Traffic Fine appeal is received   the Staff in the Traffic Department will;

  • Immediately begin processing it through the appeals processing procedures.
  • Consider your appeal in conjunction with the evidence supplied by the Traffic Warden in relation to the issuing of the ticket. This will include notes made by the Traffic Warden as well as photographic evidence when the Traffic Fine was issued.
  • Notify you in writing of our decision within 14 days from receipt of appeal.
  • record details of your appeal for control and audit purposes
  •  If an applicant does not receive a decision within 14 days from the date of receipt of the Appeal the onus is on the Applicant to contact

Longford County Council,

Traffic Department,

Camlin Court Offices,

Gt. Water Street,

Longford

 

Or by email to   parkingfineappeals@longfordcoco.ie

  

Traffic Fine appeals will be adjudicated under the following;

 

 Traffic fine appeals fall into two general categories:

  1.  Appeal against the Traffic Fine.
  2. Appeal on grounds of Particular Circumstances.

  

Appeal against the Parking Fine:

 

               The traffic Fine notice was not issued correctly.

 

 If the reason for stopping is exempted under the Traffic Regulations/Parking Bye-Laws.

  The relevant signs or road markings prohibiting or restricting parking were missing.

 The vehicle or its registration plates were taken without consent at the time of the offence. This applies when a vehicle has been parked illegally after being stolen.

 

 Appeal on The Grounds of Particular Circumstances:

  Medical Emergencies (Please note this does not extend to visits to a doctor’s surgery, pharmacy etc.).

 Mechanical Failure / Breakdowns.

 Compassionate grounds.

   

Conclusion:

 This policy will be used to assess all Traffic Fine appeals in a fair and transparent manner. No major departures from this Policy are permitted. Minor departures, however, may be permitted but only on a case-by-case basis. Where this arises the decision of Longford County Council will be final.

    

Notes

 Note 1: it is an offence for the Registered Owner of a vehicle not to provide, within 28 days of the date of issue of the Traffic Fine, all information stipulated above which is required to nominate a person (other than the Registered Owner) who was in charge of the vehicle when the Traffic Fine was issued or to provide information which is false or misleading, either of which, upon conviction, is punishable by a Fine not exceeding

€ 1,000;

 

Note 2: If convicted by a Court in respect of non-payment of a Fixed Charge Notice (Fine) the Offender may be liable to a fine not exceeding € 1,000 plus costs and a disqualification of the Offenders driving licence.

 

Note 3: Traffic Fine may be issued for a number of Offences including, but not solely –

 Parking on a Double Yellow Line;

 Parking on a Single Yellow Line;

 Parking blocking an Entrance;

 Parking in a Disabled Bay;

 Pay and Display ticket expired;

 No valid Pay and Display ticket or Pay Parking Permit;

 Invalid Pay Parking Permit;

 Overstay of Time Limit;

 Parking in a Loading Bay (Private Taxed Vehicle);

 Commercial tax vehicle parked in loading bay without loading or unloading

 Commercial tax vehicle parking in a loading bay in excess of the time limit (30 minutes)

 Non display of current Road Tax;

 Parking on a Footway;

 Parking on a Grass Verge;

 Parking on a Median Strip;

 Parking at a Bus Stop;

 Parking within 5 metres of a Road Junction;

 Vehicle not parked properly within a Parking Bay;

 Parking in a Cycle Lane;

 Parking within 15 metres of Traffic Lights (approach side);

 Parking within 5 metres of Traffic Lights (exit side);

 Parking in a Taxi Bay/ Rank;

 Parking and obstructing Other Traffic;

 Parking and endangering Other Traffic;

 Parking at a School Entrance;

 Parking on a continuous White Line.

 Parking in a manner prohibited e.g. double parking

      

Issued by the Traffic Department of Longford County Council

 

October 2021