Was the parking cop overstepping his authority?
- Thread starter topoon
- Start date
The ticket must touch your windshield or handed to you to be valid. If a person drives away before you are served with it then it is not a valid ticket. They may still try to process it but as it is your word against theirs
He was being a dick! There was NO TRAFFIC whatsoever around...it wasn't rush hour and i wasn't holding up ANY traffic behind me....anyone who isn't a dick, would have realized i would be there for a minute or two and walk away...if i was holding up traffic then yeah, tell me to move...just another example of a "toy cop" overstepping his authority....couldn't pass the fitness test so he gets stuck writing parking tickets
No, it doesn't. If, for whatever reason, the ticket does not make it into the hands of the accused, a Notice of Impending Conviction will be mailed out.
This is also mailed out if you choose to ignore the ticket after receiving it.
A by-law is a by-law is a by-law is a by-law. Change it.
I've had parking enforcement let me off the hook by saying -- "Sorry about that. I'm just waiting for a friend. Is it ok to wait a few minutes or should I go now?"
If he's an asshole and tells me to leave. Then I'm calling my friend (via bluetooth of course!) to tell them to call me back when they're outside while I drive around.
Waiting for them parked is not worth the fine or aggravation.
...
The Canadian Highway Traffic Act gives this definition:
“park” or “parking”, when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; (“stationnement”)
If that helps any.....
The Canadian Highway Traffic Act gives this definition:
“park” or “parking”, when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; (“stationnement”)
If that helps any.....
What topoon said! That is the correct interpretation of the law.
New York and Ontario laws are the same for this one.
"This is the NY state law
"A NO PARKING sign means you may stop only temporarily to load or unload merchandise or passengers.
"A NO STANDING sign means you may stop only temporarily to load or unload passengers.
"A NO STOPPING sign means you may stop only in order to obey a traffic sign, signal or officer, or to avoid conflicts with other vehicles.
So if you were not physically loading something into the car or if some one was not physically getting into the car you were parking. Being stoped even if you are in the car other than to load something or let someone get in the car is parking."
From http://www.toronto.ca/transportation/parking/parking_faq.htmhttp://www.toronto.ca/transportation/parking/parking_faq.htm said:
Man I hate those douchebags that park in a no stopping/standing zone to run into a store or get their morning latte on the run from Starbucks thereby cutting down a lane of traffic.
not to defend meter maids because they are the scum of the earth but sometimes the signs are really confusing and you were probably in one of those areas. If he couldn't give you a ticket, he couldn't. If he could give you a ticket, you were parked/stopped illegally. EOS.
I know it sucks here in the city but that's the way it is......
Parking tickets are handled under Part II of the Provincial Offences Act. Per s.15(4) of the Act, the parking infraction notice must be served on the owner:
(a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction; or
(b) by delivering it personally to the person having care and control of the vehicle at the time of the alleged infraction.
Now, if this does not happen it is still possible to proceed under Part III, but this requires laying an information before a Justice of the Peace who may then choose to issue a summons (not a Notice of Impending Conviction) to the defendant. Given the the extra hoops for proceeding in such a way, I would think it extremely unlikely that anything but the most serious of parking tickets would be pursued in such a way.
Thanks for that info. Looks like I'm incorrect.
That being said, I think the province is operating on the ignorance of many as I've had friends issued such notices of conviction and they were never given a ticket.
You may be legally in the wrong, but that shouldn't necessarily prevent you from presenting your case before a Justice of the Peace.
You can argue that by being present in the driver's seat, engine running, and ready and willing and able to move for traffic that you were not "parked" according to the intent of the law but rather were "standing".
You might find a sympathetic ear, or you might not.
But I would recommend continuing as you have, treating the law with the respect it is properly accorded in our society. If you win, great. If not, so be it.
You can argue that by being present in the driver's seat, engine running, and ready and willing and able to move for traffic that you were not "parked" according to the intent of the law but rather were "standing".
You might find a sympathetic ear, or you might not.
But I would recommend continuing as you have, treating the law with the respect it is properly accorded in our society. If you win, great. If not, so be it.
I agree - you were parked. I often beep at Taxis that do this - especially if they are rigth in front of me, put the hazards on and stop. If no one immediately gets out or steps forward to get intot he taxi I start beeping away (when they are in a no parking area that is).
I do the same for regular folks that do this as well and once called to a cop that was nearby to get a guy doing what you did to move. The cop told hiom he was parking and to move off which he did!
