Ballinrobe and Claremorris bye-law causes confusion
CONFUSION still reigns in Ballinrobe and Claremorris over a parking bye-law in both towns after 19 cases for unpaid parking fines were withdrawn by Mayo County Council at Castlebar District Court last week.
Solicitors Ward McEllin withdrew the cases on the basis that a witness for Mayo County Council was not present in court.
It is understood that the witness was the County Council traffic warden for both areas and that this was the second time matters have been disrupted due to non-appearance by the Council, with the first on May 24 last.
The bye-law for on street and car park parking in the towns was proposed by councillors in 2006, but confusion regarding the validity of the law has once again come to prominence following the withdrawal of the cases last week.
Cases were taken against fourteen people in last week’s court for the non-payment of fixed charge penalties, with one person facing five separate prosecutions.
The fixed charge penalty starts at €40, increasing to €60 if it is not paid by the end of the 28 days beginning on the date of issue of the notice.
When asked by The Mayo News if the bye-law was legally sound and if prosecutions regarding such were successful, a spokesperson for Mayo County Council stated: “some cases did not proceed due to the unavailability of an essential witness. There has not been a legal challenge to the validity of the bye-laws.”
Speaking in relation to the confusion by members of the public in both towns over the law, Cllr Damien Ryan (FF) said that it is important that if a law is enacted it should be enforced.
Although the matters were withdrawn on Friday last, the Council can re-enter the prosecutions, but must first re-issue the summons to each individual providing it is within the designated time frame.
Source : http://www.mayonews.ie/index.php?option=com_content&view=article&id=18644:ballinrobe-and-claremorris-bye-law-causes-confusion&catid=23:news&Itemid=46