Royal Spa

Legal Questoin: Stopped in No Stoppin Zone - Town By Law Offence - Got Summons

Kenny-sauga

New member
Feb 20, 2005
577
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To all the legal brains here....I was parked in a no stopping zone, where people usually park due to vicinity of a building at certain hours for max 10 or 15 mins. I don't think description or building is necessary.

Long and short of the story is...4 weeks ago there were town guys enforcing no stopping bylaw. I parked as behind two or three cars. The town officer comes to me and says that I am parked in a no stopping zone. I said sorry, and told her I am making a U-turn. She was cool with it. I made a U-turn and managed to find another parking spot. She did have some gadget, kind of iPhone looking thing.

Now, I got a summons to appear it court. It mention the offence as above, and quotes a town by-law which is inline with offence. What baffles me is that town lady has time and opportunity to give me ticket. She never gave one. I never received any ticket or notice in mail except the summon delivered by some security company guy. Had I received a ticket, I would have either voluntarily paid or requested a first review. Not worth time and effort to fight a parking ticket.

Spent most of this morning on phone with town hall, don't have a clear answer. Parking department says that you get summons because officer was unable to give ticket. Its bull. Legal office says not all offences require ticket. Even got into a nice discussion with court office, as to if that is efficient way to spend tax payers and property owners money! She laughed at the offence, and said nothing can be done now, I must appear. I have no choice but to appear, fine, I'll appear.

Already got town prosecutor's name and phone number. Left and message, and send an email for disclosure documents as well.

So, the questions are...I was always under the impression that a summon is the last resort. unpaid ticket, and How come I got the summon in first instance. Secondly, an insight to the court appearance and my options will be helpful .
 

fuji

Banned
Jan 31, 2005
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I'm glad they are enforcing that. I *hate* people who park in stopping zones and block traffic. They are no stopping zones for a reason--either safety or traffic flow.

Seems like the prosecutor should be willing to make a deal that will limit your court time.
 

GPIDEAL

Prolific User
Jun 27, 2010
23,359
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To all the legal brains here....I was parked in a no stopping zone, where people usually park due to vicinity of a building at certain hours for max 10 or 15 mins. I don't think description or building is necessary.

Long and short of the story is...4 weeks ago there were town guys enforcing no stopping bylaw. I parked as behind two or three cars. The town officer comes to me and says that I am parked in a no stopping zone. I said sorry, and told her I am making a U-turn. She was cool with it. I made a U-turn and managed to find another parking spot. She did have some gadget, kind of iPhone looking thing.

Now, I got a summons to appear it court. It mention the offence as above, and quotes a town by-law which is inline with offence. What baffles me is that town lady has time and opportunity to give me ticket. She never gave one. I never received any ticket or notice in mail except the summon delivered by some security company guy. Had I received a ticket, I would have either voluntarily paid or requested a first review. Not worth time and effort to fight a parking ticket.

Spent most of this morning on phone with town hall, don't have a clear answer. Parking department says that you get summons because officer was unable to give ticket. Its bull. Legal office says not all offences require ticket. Even got into a nice discussion with court office, as to if that is efficient way to spend tax payers and property owners money! She laughed at the offence, and said nothing can be done now, I must appear. I have no choice but to appear, fine, I'll appear.

Already got town prosecutor's name and phone number. Left and message, and send an email for disclosure documents as well.

So, the questions are...I was always under the impression that a summon is the last resort. unpaid ticket, and How come I got the summon in first instance. Secondly, an insight to the court appearance and my options will be helpful .

I read on a site that may be down now, called Fight Your Speeding Ticket (FYST).

The writer got out of a parking ticket given to his passenger while he was out of the car. He got out of it because he argued in the court that the law requires that the owner of the car be personally served the ticket, or in their absence, that it be left on the car (but not with someone else). [I may be quoting the facts wrong, but it was something like I described. The judge had to excuse himself and check the law, but came back and dismissed the case.]

Now, I'm not sure about your situation above, but you should check the wording of any by-law that governs the particular law you did not comply with (or allegedly did not comply with), including the administration of tickets or summons.

Maybe you can get off on a technicality?
 

Kenny-sauga

New member
Feb 20, 2005
577
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...all correct above...what I don't get it why a summon! Are the town people so dumb to be wasting money on parking ticket summons, while I am telling that I never received a ticket, and they are giving me no clear answer as to why a ticket was not served!

Public service unionized employees...what do you expect! half the brain and king/queen of the throne attitude.
 

fuji

Banned
Jan 31, 2005
80,011
7
0
¯\_(ツ)_/¯
is.gd
...all correct above...what I don't get it why a summon! Are the town people so dumb to be wasting money on parking ticket summons, while I am telling that I never received a ticket, and they are giving me no clear answer as to why a ticket was not served!

Public service unionized employees...what do you expect! half the brain and king/queen of the throne attitude.
See what the prosecutor says when you have your phone conversation.

I agree that public service workers are almost as bad as those entitled jerks who park in no stopping zones because they think they own the road and have a right to fuck up everybody else's commute by blocking the traffic.
 
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