More than 300 parking fines have gone unpaid this week after Judge Desmond Windle yesterday told those who came to the court they were free to leave as he was not calling their cases.
The judge said it was not possible to ensure the names of registered owners in the summons were correct and so he did not call people who had come to pay the fines. Those who came before him at the Dublin Metropolitan District Court on Monday and Tuesday to pay fines were told they could also leave. He may continue not calling orders for summonses for the rest of the week.
Judge Windle referred to situations where it could not be verified if registered owners relating to companies were correct. He said it was not correct to register a vehicle under a company name where the full legal name, as appeared in the company registration documents, was not used on the tax certificate. He also referred to people who registered their vehicle under their names but had a company trading under another name.
"If Mr and Mrs John Doe register their car and happen to be the owners of a business trading under a trade name but they don't register the trade name, they register John Doe, it's incorrect in law."
Mr Aidan O'Sullivan, administration officer with the Motor Taxation Office, appeared before the court on Monday and Tuesday and Judge Windle yesterday said Mr O'Sullivan had informed him that there was no way of verifying the name of a registered owner.
"That came out of the mouth of Mr O'Sullivan himself," the judge said.
He added: "What would be the worth of a passport if that office took the same view?"
He said Mr O'Sullivan had told him the Motor Taxation Office was chaotic as they were understaffed and couldn't cope with their workload. As a result, taxation certificates were issued without evidence of the name of the registered owner. Judge Windle said as there was no evidence, perhaps the files regarding the certificates would have to be produced in court and the officer who had seen the registered owner sign the documents would have to be brought into court.
He said he didn't see the point in going through the summons if there was no evidence to support the names. "I am not completely happy to make an order in the cases," he said. He stressed that he was not striking the cases out.
He told the afternoon session of the court of about 20 people that they were "all free to go". He added: "The State may come after you again . . . but there is a high probability they will not annoy you again about these matters."
Ms Claire Loftus, representing the Gardai and the DPP, said she did not agree with the judge's interpretation of the evidence of Mr O'Sullivan and that he may have to be recalled.
Judge Windle said a report in a newspaper yesterday about the case was incorrect. He said it was an "extraordinary story" which bore "no relationship at all to what appeared in court".
More submissions on the case are expected today. Mr O'Sullivan is also expected to appear again.