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Recently, I received a ticket for parking overnight on a residential street in my neighbourhood. The ticket was issued on a weekday around 3 a.m under the pretense of
"PARKING VEHICLE ON A HIGHWAY BETWEEN 2-6 A.M. DURING PROHIBITED PERIOD. BY-LAW 555-00 SECTION 7 ( 18 )"
This is very unusual, as that street I parked on always has a bunch of parked cars overnight and there are no signs posted against parking between 2-6am. I've parked overnight a few times on this street before and never got a ticket.
Is this by-law inclusive for all streets in Ontario(or Mississauga) and does it apply even when there are no signs posted on the street telling drivers not to park there overnight?
Why is this unusual? Most towns and cities restrict overnight parking during the winter months to help make snow removal more efficient. You'll find all of the general non-location-specific parking restrictions posted on big signs on major routes entering Mississauga.
Originally Posted by Rossi86
Sadly there is a by-law for Mississauga that says you can't park between those hours unless otherwise posted. There does not have to be a sign stating it. If you want something to compare it to it is kind of like the speed limit law; if there is no sign posted for the allowable speed then one defaults to 50km/h unless otherwise stated. The same goes for parking. I know this because I have had the same experience as you in Mississauga as well as where I live in Oakville. I've had 2 tickets this year in Oakville, same deal, 2am-6am. Sorry bro, but it's best to just pay the 35 bucks plus the stupid $2 or $3 service charge.
I parked in front of a friend's house for YEARS before Missy Sogga slapped me with a parking ticket similar to yours. I took a stroll through the by-laws, just out of curiosity. It's a dense legal thicket. If I read them correctly, you can be ticketed on any public road/property at any time, for any number of reasons, even if signage is not posted. In other words, if you were ticketed, you have no valid excuse. Thanks, lawyers.
The mississauga by-laws are on their web site. Look for Traffic Consolidation By-law 555-00.
Technically there is no parking on the street for longer then 3hrs unless otherwise posted. But, this by-law is only enforced by complaint. You got hit with the winter prohibited period part of the by-law. No signs need to be posted. It is assumed you can't park during this time frame during the "winter" months unless otherwise posted.
Thomas Jefferson said "When the people fear their government, there is tyranny; when the government fears the people, there is liberty".
If you feel like donating $30-40 to the Corporation of the City of Mississauga by all means pay it, but if you have the time and will, fight it.
Of course I'm fighting it. I was just curious about this by-law since I always see a long trail of cars parked on that street overnight. And it would be stupid for the residents to keep parking there if tickets like this one are issued on a regular basis.
good, go fight the ticket, then complain that the officer is in court on overtime.......
" I don't want a pickle, I'd rather just ride on my motorcycle."
If they aren't there for you they're there for someone else, the next sucker who parked overnight on his residential street. I don't complain about police overtime though.
correction, meter maids making overtime is bogus.
Fight it based on what? I'm curious...
Thomas Jefferson said "When the people fear their government, there is tyranny; when the government fears the people, there is liberty".
Failure to provide speedy trial, insufficient disclosure or no disclosure, failure for the officer to show up, failure to provide the court and the individual with a certified copy of the broken by-law, etc, etc. Lots of ways.
Moderator
In other words, fighting anything except the offence itself. Going into court without a viable defence against the actual offence is setting yourself up to fail.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
in markham the fine is an extra $5 (set @ $40) but u get an extra 30minutes of parking (up to 2:30AM!)
in the spring, summer, fall, u can get a temporary exemption to let you park a car or cars on the street overnight in the case of, for instance, driveway repair or overnight guests.. but in the winter, because of snow removal they don't offer exemptions ... i'm waiting for them to start CHARGING for the exemption permits as another revenue stream.
Letting the government rip you off by paying the fine up front is more than failure. If they want my money they'll have to work for it.
I'll bet this ticket will never even go to trial, to make $35 from me they'll have to pay a judge, a prosecutor, cop, clerks etc for their time.
I had a bs ticket like this 4 years ago, never got a trial date. Payed at the meter, parked within specified hours, clear of driveways, hydrants etc, still got a ticket. Only a fool would pay a ticket like that...
You're going to find the Mississauga, along with a lot of other municipalities, does not allow parking on surface streets for a period longer than three hours.
At the border of Mississauga you will see a parking regulation sign that is "all inclusive".
I guess you didn't see that sign.
As soon as they see youre request for a court date, it'll get thrown out.
FIGHT your tickets people!!! overload the system! Stick it to the man!
One more time..the parking on surface streets by-law is put in place by the RESIDENTS. People in Mississauga DO NOT want people parking on the street and this is why the by-law exists. Don't pin this on the Man, pin it on your neighbours!!!
"We must make an idol of our fear, and call it god." - Antonius Block
LOL, some people have too much time on their hands. You are going to take time off work to go to court, pay for gas, parking at the court, etc to fight a $35 ticket???
fight it.
no justification for $30 grab, and the price is go up as long as stupid people pay
city parasites never bothered to improve parking, explain by-laws to residents, it is about your money only
parking control is a business to rip you off and pay for some one else accesses
Just plain fight them all. If you do not fight, you lose. If you fight, you can win for many many reasons.
Here's a win that surprised me:
I asked for the opportunity to contest a parking ticket, and it went like this:
[Bailiff, all in one breath] Mr. Dafee you are charged with violating Section 45 Subsection L-8 Paragraph WW-62 how do you plead guilty or not guilty?
[me] I don't know.
[Magistrate, as if he was addressing a child] Mr. Dafee, you need to say GUILTY if you admit you did it and NOT GUILTY if you don't admit you did it.
[me] I understand, your worship, but I inquired at City Hall to find out what that law says, and I did not find out. If you can tell me what you think I did, I will tell you whether I think I did it.
[Magistrate] That makes sense. Bailiff, read him that law then ask again for his plea.
[Bailiff, thumbing pages of a huge book] Just a moment, your worship.
...
[Magistrate] Bailiff, keep looking. Mr Dafee, please have a seat and we will hear one other case and then deal with you.
...
[Magistrate] Bailiff, have you found the law under which we charged Mr. Dafee?
[Bailiff, thumbing and thumbing pages] Just a moment, your worship.
[Magistrate] Mr. Dafee, we do not know what we think you did. Case dismissed.
[me] Thank you, your worship.
OK, class, do you think I was guilty? Perhaps I was, but perhaps someone wrote a letter or digit wrong and Toronto fumbled the ball. Whatever the reason for my victory, I paid nothing.
So, fight all charges. All. I can give you no better advice. You do not need a reason and you do not need any hope of winning in order to fight. If you do not fight, you certainly lose; if you fight, you may win.
"Stay at least one standard deviation away from everybody else."
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