$350 Parking ticket... WHILE I'M IN THE CAR!!

[zone01racer]

Better not. "Stationment" is French for "parking"...

lol.... my bad for not being familiar with the french vocab...

we all know what was meant... at the end of the day, it's her word against the parking ticket recipient's...

[psycho44]

In future you always have the right to drive away before the ticket is placed (presented) on your windshield. There is no point in talking to them just drive away.

just curious because I've heard if you drive away before they can place the ticket on your car you won't be fined and they don't mail the ticket to your house? Or is that just a myth?

Though it sounds like you would have a stronger argument in court if the meter maid didn't slap the ticket on the car.

[turbodish]

lol.... my bad for not being familiar with the french vocab...

we all know what was meant... at the end of the day, it's her word against the parking ticket recipient's...

And against the pictures that she took. Given that a picture can be worth a thousand words, he's going to need a bit more than "his word".

[El Zilcho]

just curious because I've heard if you drive away before they can place the ticket on your car you won't be fined and they don't mail the ticket to your house? Or is that just a myth?

I think it has to do with the fact of having been (or not having been) served the ticket. If you're not served, then (allegedly) you cannot be fined. I think they can still go after you, but in case of parking tickets they probably wouldn't bother. Parking in a handicapped spot may be a different thing---people are sensitive to that, and if they indeed sent the ticket to the driver's home, driving away would not work in his favor in court.

[El Zilcho]

And against the pictures that she took. Given that a picture can be worth a thousand words, he's going to need a bit more than "his word".

This leads to another question: if you see a meter maid about to take pictures of your car, can you block the view of the licence plate? Or is that "obstructing justice"? What about other cars (e.g. your friend's, etc.)?

[twinn]

They are not supposed too send you the ticket if it is not presented but it really depends on that specific meter maid and how far along they are on their quota for that week. Yes, they do have quotas and if not reached they are given grief by their supervisors.

The meter maid took the picture as evidence and as far as the court is concerned, you did unlawfully park in the spot.

Best bet is too take it too court, hope the person does not show, if you are proficent in a second language, ask for an interpreter as they might not show and then you are off.

I don;t think that your set fine will increase, however, you will have to pay an extra court admin fee.

[turbodish]

This leads to another question: if you see a meter maid about to take pictures of your car, can you block the view of the licence plate? Or is that "obstructing justice"? What about other cars (e.g. your friend's, etc.)?

That wouldn't be enough to warrant obstruction charges, but consider the evidence that they now have - a picture of someone trying to hide a license plate is a pretty decent indicator of that person trying to conceal a known and willful offence. Besides, how much of the car's photo can you block with your hand? The license plate will already have been written down, and a plate check will return the description, make and color of the vehicle.

The act alone will cause the ticketer to remember you in vivid detail, and I would not want to be the one in court trying to defend against that ticket when the ticketing agent goes on the stand to highlight what happened as he or she was issuing that ticket. You would end up being a good candidate to receive the maximum fine on conviction.

[Teal]

So I was driving my dad to the library today since had to drop some things off. Everything was pretty full so I figured I'd idle in the disabled spot for the 2-3 minutes it took for him to come back.

Two key points have been highlighted for you. Let me guess, your vehicle was set to PARK?

Any Seinfeld fan knows that...

(1) Do not wrongfully park in a handicap spot.
http://www.youtube.com/watch?v=vXVjAeIrkfQ

(2) Do not mess with the public library.
http://www.youtube.com/watch?v=_zePQavforA

[shanekingsley]

just curious because I've heard if you drive away before they can place the ticket on your car you won't be fined and they don't mail the ticket to your house? Or is that just a myth?

Though it sounds like you would have a stronger argument in court if the meter maid didn't slap the ticket on the car.

I have gotten off a ticket for this very reason. I just sent an email to the supervisor of parking enforcement and explained that this had happened and they annulled the ticket.

OP: Fight it yourself if you can't afford the lawyers fees but have the time to go down to court in year.... Last ticket I got for parking in a fire lane was thrown out (like every single other case that session) because the enforcement officers didn't show up. Seriously, about 30 people in the room all got off our tickets and all we had to to do was show up and give our name to the prosecutor... Even my traffic tickets have been thrown out regularly because the officers seldom show up for minor violations. Your results in Bramladesh may vary.

[Waldo]

Thanks for the advice everyone. So now I'm definitely gonna fight the ticket, and hopefully we can come to a compromise even before it goes to court...

Maybe I'll say I was "unloading merchandise" since I was dropping off some books at the library

If you hire a lawyer, where do expect to see the savings? I'd imagine the lawyer costs will be more than the ticket.

Well there's a decent traffic lawyer in my area who charges $200 per ticket, so that could possibly save me $150. But yeah that's still $200 so I'll have to make that decision close to the court date.

[turbodish]

Maybe I'll say I was "unloading merchandise" since I was dropping off some books at the library

Well, that won't work. You didn't say where you got the ticket. The assumption was Brampton, but...

I couldn't find Brampton's specific bylaw wording but I would bet that it would be close to if not the same as Mississauga's Accessible Parking Bylaw 1-09. There is no exemption for unloading purposes. Sect 6.(1) specifically disallows just about everything you might be hoping to use as an excuse for being there.

6. (1) No person shall park, stand or leave an unauthorized vehicle in a designed parking space.
(2) Any person who contravenes Section 6(1) of the By-law is guilty of an offence and on conviction is liable to a fine of $350.00 exclusive of costs.
(3) Any person may, upon presentation of a Parking Infraction Notice issued for an offence committed under subsection 6(1) of this By-law, pay out of Court within 10 days, exclusive of Saturdays, Sunday and Holidays, from the date of issue of the said Parking Infraction Notice, the sum of $300.00. If payment is not made in accordance with the procedures set out in this section, the fine provided for in subsection 6(2) shall be recoverable under the provisions of the Provincial Offences Act, R.S.O. 1990, c.P-33 as amended.

There DOES appear to be an early payment discount option. It might be worth cutting your losses on this one if that option is available to you.

[El Zilcho]

Well there's a decent traffic lawyer in my area who charges $200 per ticket, so that could possibly save me $150. But yeah that's still $200 so I'll have to make that decision close to the court date.

That's assuming that he gets you off the hook. You could also try asking the judge/prosecutor to lower the fine.

[Rob MacLennan]

I couldn't find Brampton's specific bylaw wording but I would bet that it would be close to if not the same as Mississauga's Accessible Parking Bylaw 1-09. There is no exemption for unloading purposes. Sect 6.(1) specifically disallows just about everything you might be hoping to use as an excuse for being there.

The only exception listed in the Brampton city bylaws is for someone displaying a handicapped parking placard. The statement is, "No person shall park a motor vehicle in a designated accessible parking space in a public parking area, unless a valid accessible parking permit is properly displayed upon the motor vehicle."

[outtacontrol]

This happened to my wife a few weeks ago. She stopped put the car in park and came to help me with the kids. I noticed the parking control car and she ran back to the car, jumped in and moved it. The lady started yapping about the $350 , my wife never even looked at her,just moved. no ticket issued.
And she only had the 2 right tires in the handicapped spot.

[El Zilcho]

I noticed the parking control car [...]

They probably watch that spot from behind the corner... haha

[suspeck]

*sigh* You decided to come out of your vehicle to argue over the ticket?
Didnt it occur to you that it might just be easier to drive off since the wretch never actually gave you a ticket and has no proof of ever giving you a ticket? Who knows if she was just having a bad day and decided to randomly ticket cars. She has no proof that you were in the spot since she would have never been able to get photos. But being the genius that you are gave her the opportunity to put the ticket on ur windshield AND take pictures. Very bright. [/rant]

[Mistero2009]

*sigh* You decided to come out of your vehicle to argue over the ticket?
Didnt it occur to you that it might just be easier to drive off since the wretch never actually gave you a ticket and has no proof of ever giving you a ticket? Who knows if she was just having a bad day and decided to randomly ticket cars. She has no proof that you were in the spot since she would have never been able to get photos. But being the genius that you are gave her the opportunity to put the ticket on ur windshield AND take pictures. Very bright. [/rant]

Chillax man! Did you not hear about people still getting parking tickets applied to them even though they moved the car before a ticket got under the wipers?
People go to renew their sticker only to find out they got an unpaid 60 dollar parking fine.

[IXFe]

a) There were 3 other disabled spots RIGHT NEXT TO the one I was in,

were those 3 other spots occupied with parked vehicles bearing the requisite permit? would've been really inconvenient for some really needing a spot if they were. legally speaking whether those spots were empty are not doesn't matter.

but this thread serves as a reminder to not mess with those handy spots.

[Waldo]

were those 3 other spots occupied with parked vehicles bearing the requisite permit? would've been really inconvenient for some really needing a spot if they were. legally speaking whether those spots were empty are not doesn't matter.

They were all empty. I wouldn't even idle there if they weren't.

*sigh* You decided to come out of your vehicle to argue over the ticket?
Didnt it occur to you that it might just be easier to drive off since the wretch never actually gave you a ticket and has no proof of ever giving you a ticket? Who knows if she was just having a bad day and decided to randomly ticket cars. She has no proof that you were in the spot since she would have never been able to get photos. But being the genius that you are gave her the opportunity to put the ticket on ur windshield AND take pictures. Very bright. [/rant]

She caught me by surprise, and thought she didn't notice me inside the car. I didn't think moving the car was an option, since she already had my plate number.

Here's some advice for the future.... DON'T PARK IN ****ING HANDICAPPED PARKING SPOTS.....

Thanks for the advice, bro! I REALLY needed that, because clearly, the $350 ticket wasn't enough of a hint. You're awesome

[El Zilcho]

I think the best thing to do is to talk to a lawyer/paralegal. Most of them can offer an initial consultation for free. If they say you have a solid case then go for it (you still risk losing, though). Otherwise I'd try to lower the fine. Pleading guilty to a parking offense shouldn't cause insurance premiums to increase. You have some evidence for not showing blatant disregard for the handicapped spots, so you could probably negotiate a lower amount of the fine. You can always go for the initial meeting with the prosecutor before the trial.