‘That is not my signature’ Killybegs man tells Donegal District Court

A man accused of illegally parking at a disabled person’s parking bay in Killybegs pleaded not guilty at Donegal District Court, and told Judge Éiteáin Cunningham: “That is not my signature.”

Derek Vial, of The Waterfront, Glebe, Killybegs, appeared at Ballyshannon Courthouse, charged that on February 13, 2026, at Main Street, Killybegs, he was the registered owner of a vehicle which was parked where a traffic sign number RRM 015 (Disabled Persons Parking Bay) was provided in contravention of Article 44(1) of the Road Traffic (Traffic and Parking) Regulations, 1997, contrary to Section 35(5) of the Road Traffic Act 1994 and Section 102 of the Road Traffic Act 1961 (as amended by Section 18 of the Road Traffic Act 2006).

Judge Cunningham asked Vial if he was happy to proceed with the court sitting without a solicitor, to which Vial replied: “100%.”

Vial was then asked if he pleaded guilty or not guilty, and he answered: “Not Guilty.”

At the second call, Judge Cunningham asked Vial: “What do you want to say to the court?”

Vial responded: “I have discussed it. It is my car. I did park there, but I never received the parking ticket to give me the opportunity to pay it in a timely manner, and when I eventually got notice of this, it came in a letter that somebody else opened and put in my door. I guess it went to another house in the estate.

“I didn’t get the opportunity to pay what the original fine would have been.”

Present at court was Garda Sergeant Oliver Devaney, who asked Vial: “You accept that this is the address on the summons.”

Vial replied: “Yes. I did receive the summons but in September.”

Gda Sgt Devaney said: “So your position is you didn’t receive the original notice.”

“I was blissfully unaware,” asserted Vial.

Judge Cunningham asked for clarification on the letter, to which Vial responded: “It was not ceiled. I didn’t receive it until September.”

Gda Sgt Devaney showed the summons for the date of the court sitting and said: “Proof of the delivery of the summons that has your signature.”

“That is not my signature,” said Vial.

Gda Sgt Devaney said: “So that is the delivery of the signature on July 28, and the signature is DV.”

Vial maintained: “I don’t sign with DV.”

Judge Cunningham told Vial: “You need to make enquiries with An Post to afford you with evidence, but if you don’t have evidence with An Post, I do have proof of address. I am going to afford you the opportunity.”

In response to a question from Vial, Judge Cunningham said: “The original notice fixed charge penalty notice would have arrived to you by post. So I have the summons, but I don’t have the ticket in my possession.”

Judge Cunningham adjourned the matter to January 25, 2027, for additional evidence.