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Blunder sees parking ticket summonses thrown out of court

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Date Published: 17-Dec-2012

BY ENDA CUNNINGHAM

A blunder by Galway City Council has seen 350 summonses for non-payment of parking fines thrown out at a special court sitting.

The debacle means the taxpayer is ‘out of pocket’ by up to €75,000 in costs and lost revenue from the tickets and court fines.

And it could leave the door open for hundreds of motorists already convicted in court to appeal their fines.

Nine traffic and community wardens and two senior Council staff attended the ‘wasted’ court day.

Meanwhile, the Council will now be looking at hundreds more summonses issued ahead of the next traffic court on February 19.

Ciarán Hayes, Director of Services for Transportation with the City Council told the Connacht Sentinel: “We are assessing the situation at present with our legal team.”

The cases were thrown out of court after Judge Alan Mitchell noticed a discrepancy on the summonses.

The special ‘traffic court’ sitting was held in Galway Courthouse last Thursday morning, with 349 cases taken by the City Council listed for hearing.

However, Judge Mitchell noticed that the legislation referred to on the summonses did not match the legislation on the ‘pink ticket’ fines.

Each of the cases had to be called individually, and was subsequently struck out by the judge.

Under the traffic warden ticketing system, fines are issued under the Local Authority (Traffic Wardens) Act 1975.

However, the summonses were incorrectly issued under the Road Traffic (Traffic and Parking) Regulations 1997 and Road Traffic Act 1994, the legislation which should be used if the original ticket is issued by a Garda.

That means the Council has lost out on up to €35,000 in revenue from the parking tickets (plus increased fines imposed by the judge), and up to €40,000 in costs which would have been awarded in court.

Local councillor Padraig Conneely blasted the Council for their failure to prosecute under the correct traffic legislation.

“This will now cost the Council the fines, plus legal fees for their failure to correctly prosecute. It’s unacceptable that they should make such an error, and Director of Services Ciarán Hayes should be held accountable.

“There were eleven Council staff there on the day, that is a huge waste of resources,” said Cllr Conneely.

The Council will now be assessing if it can legally re-issue some of the summonses, and checking hundreds more summonses which have been issued for the next traffic court on February 19.

And anyone convicted under the wrong legislation by the Council can now apply to the court for leave to appeal their conviction.

Read more in today’s Connacht Sentinel

Galway in Days Gone By

The way we were – Protecting archives of our past

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A photo of Galway city centre from the county council's archives

People’s living conditions less than 100 years ago were frightening. We have come a long way. We talk about water charges today, but back then the local District Councils were erecting pumps for local communities and the lovely town of Mountbellew, according to Council minutes, had open sewers,” says Galway County Council archivist Patria McWalter.

Patria believes we “need to take pride in our history, and we should take the same pride in our historical records as we do in our built heritage”. When you see the wealth of material in her care, this belief makes sense.

She is in charge of caring for the rich collection of administrative records owned by Galway County Council and says “these records are as much part of our history as the Rock of Cashel is. They document our lives and our ancestors’ lives. And nobody can plan for the future unless you learn from the past, what worked and what didn’t”.

Archivists and librarians are often unfairly regarded as being dry, academic types, but that’s certainly not true of Patria. Her enthusiasm is infectious as she turns the pages of several minute books from Galway’s Rural District Councils, all of them at least 100 years old.

Part of her role involved cataloguing all the records of the Councils – Ballinasloe, Clifden, Galway, Gort, Loughrea, Mountbellew, Portumna and Tuam. These records mostly consisted of minutes of various meetings.

When she was cataloguing them she realised their worth to local historians and researchers, so she decided to compile a guide to their content. The result is For the Record: The Archives of Galway’s Rural District Councils, which will be a valuable asset to anybody with an interest in history.

Many representatives on these Councils were local personalities and several were arrested during the political upheaval of the era, she explains.

And, ushering in a new era in history, women were allowed to sit on these Rural District Councils – at the time they were not allowed to sit on County Councils.

All of this information is included in Patria’s introductory essay to the attractively produced A4 size guide, which gives a glimpse into how these Rural Councils operated and the way political thinking changed in Ireland during a short 26-year period. In the early 1900s, these Councils supported Home Rule, but by 1920, they were calling for full independence and refusing to recognise the British administration.

“I love the tone,” says Patria of the minutes from meetings. “The language was very emotive.”

That was certainly true of the Gort Rural District Council. At a meeting in 1907, following riots in Dublin at the premiere of JM Synge’s play, The Playboy of the Western World the councillors’ response was vehement. They recorded their decision to “protest most emphatically against the libellous comedy, The Playboy of the Western World, that was belched forth during the past week in the Abbey Theatre, Dublin, under the fostering care of Lady Gregory and Mr Yeats. We congratulate the good people of Dublin in howling down the gross buffoonery and immoral suggestions that are scattered throughout this scandalous performance.

 

For more from the archives see this week’s Tribunes here

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Real Galway flavour to intermediate club hurling battle in Birr

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Date Published: 23-Jan-2013

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Athenry fail to take chances as they bow out of Junior Cup

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Date Published: 29-Jan-2013

Athenry FC 1

Kilbarrack United 2

(After extra time)

For the second year in succession Athenry were done in extra time in the FAI Junior Cup as last season’s beaten finalist’s came from behind to snatch an excellent game in Moanbawn on Sunday afternoon.

On a heavy pitch that was only playable following extensive groundwork by club officials all morning, the home side were by far the better side in the opening half, but failed to take advantage of a number of opportunities that came their way.

An Alan O’Donovan penalty gave them a merited advantage just after the restart, but thereafter were on the back foot as Kilbarrack took over, but for all their pressing, the home rearguard were dealing comfortably with their forays.

However they were struck a body blow just six minutes from time, as big striker Keith Kirwan was left all alone at the far post to head the equaliser and from that point on the Dubliners were the better side.

They started off the extra time in the ascendancy and enjoying all the momentum before striking for a good winning goal on 104 minutes. A strong bench allowed them to make some necessary changes and it was not a facility that was available to Athenry manager Gabriel Glavin.

With Gary Forde and Gary Delaney out through suspension following their sending off against OLBC in the previous round, and Seamie Crowe injured, it left their bench rather threadbare with just a number of young squad players available.

Playing with the aid of the slight incline and any wind advantage going, the home side had a Connor Cannon effort on target in the opening minute, while John Meleady was just over with a flick at the other end.

Meleady then tested Andrew Walsh who saved comfortably, before the goalkeeper pulled off a brilliant double save on 14 minutes.

Firstly he went full length to push away a Meleady shot and was then back on his feet to parry David Jackson’s close-range rebound.

For more, read this week’s Connacht Sentinel.

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