Judge refuses to alter position on fines

Judge Desmond Windle made no order for over 200 parking summonses yesterday at the Dublin Metropolitan District Court

Judge Desmond Windle made no order for over 200 parking summonses yesterday at the Dublin Metropolitan District Court. Those who had come to the court were told they could leave and would probably not be called again.

The judge has made no orders for parking summonses all week, bringing the number of parking offences which have not been prosecuted to over 700.

He has said the validity of the names of the registered owners on the tax certificates brought before the court could not be verified. This, he said, was because there was no system of checking that the name was correct at the Motor Taxation Office and no verifying documentation had to be submitted with the application for registration.

Judge Windle has also taken issue with the registering of names, especially companies and private businesses, where the proper legal name, as on the certificate for a limited corporation, is not given. He has also said there can only be one registered owner of a vehicle.

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In court yesterday morning the judge called the first summons and was asked by the attending garda if he would be proceeding with the orders.

"Will the submissions be the same as yesterday and the day before?" he asked.

When the garda replied that they would, Judge Windle said he would not be making orders as the State was unable to prove to the satisfaction of the court that the names on the certificates could be verified.

He said those who had come to the court could leave and no orders would be made for afternoon court sittings.

Yesterday was the last sitting of the court for the summer until September.

A Garda spokesman said afterwards that they would be examining the case during the summer. "No doubt we will look at what he has done and we may appeal it," he said.

The spokesman added that there was no concern that people would now park illegally knowing they might not be prosecuted. He said gardai would still be issuing fines and clamping was operating for those who committed parking offences.