Woman’s driving ban cancelled due to ‘unholy mix-up’
Portlaoise Courthouse
JUDGE Susan Fay cancelled a fine and a six-month driving disqualification at a recent sitting of Portlaoise District Court.
Three weeks ago, Judge Andrew Cody convicted, fined and imposed the driving disqualification on 66-year-old Brigid Ann McInerney, New Road, Portlaoise for illegally parking in a disabled bay at Portlaoise hospital on 9 July last.
Ms McInerney was not in court when the conviction was imposed.
At last week's sitting of the court, solicitor Philip Meagher applied for the convictions to be vacated and set aside.
He said that Ms McInerney had not received the summons and did not own the car that was parked illegally in the hospital. He said the car is owned by Tommy McInerney from Clonin, Mountrath and that the summons had been served on him.
Mr Meagher descried the situation as “an un-holy mix-up. It was the wrong defendant and the wrong vehicle and the summons was served on the wrong person. Ms McInerney's address is New Road, Portlaoise and the summons was sent to Mountrath. Ms McInerney has a blue badge (disabled parking permit).”
Asked by Judge Fay whether Ms McInerney and Tommy McInerney were related, the solicitor said that his client’s husband is a distant cousin to the owner of the vehicle, Tommy McInerney.
Taking the stand, Ms McInerney said the vehicle's registration on the summons, “is not my vehicle, my husband's or anyone else’s in the house. I didn’t receive a summons to attend court. I have no idea why I was named on the summons. If I had received a summons, I would have attended court. The first I knew about this was when I received notification of the fine and the disqualification. I’ve had a blue badge for the past eight years, which would have allowed me to park in the hospital disabled parking bay.”
Judge Fay went on to set aside the order.
