fighting a ticket - Canadian Mid East Region Forum

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fighting a ticket
Wednesday, July 20, 2005 6:13 PM
My dad went to Oshawa City Hall today and he parked in the handicap parking spot by mistake and the by-law officer gave him a 300$ ticket. He had his visor down and couldn't see the sign because it was posted up high on the wall and the painted wheelchair on the pavement was rubbed out. My dad had no intention of parking there if he knew it was a handicap spot because those places are reversed for people that need it more. Is there anyway to fight this? Thanks

Re: fighting a ticket
Wednesday, July 20, 2005 6:24 PM
300 bucks for parking in a handicapped spot?

Should of had your dad walk with a limp and cane.





Disclaimer: I will probally offend you with what is written in this post.


Re: fighting a ticket
Wednesday, July 20, 2005 6:32 PM
the by law officer wrote in front of my dad and my dad asked him if he could rip it up , the pig was a jerk and didn't do it. YES ITS 300bucks thats not a typo!
Re: fighting a ticket
Thursday, July 21, 2005 4:25 AM
take pic's of the area and post them up, I will tell you if it is one that you can fight or not.



My Cav
I give up...
i'm buying a VW those people love trees, so they should love eachother too... "Andy"
Re: fighting a ticket
Thursday, July 21, 2005 8:37 AM
Tough call on that one. I don't believe the paint on the ground is even relevant. It's the sign that has the legal power and not seeing the sign would never be accepted in court unless there was something obscuring it from view (something not including your own car or bits thereof).

Good luck though! Let us know how it goes!





Re: fighting a ticket
Thursday, July 21, 2005 11:12 AM
Get pictures to support the argument. No matter what! Fight it!




Re: fighting a ticket
Thursday, July 21, 2005 11:31 AM
$300.00 isn't that bad. I thought they raised the fine to around $5,000 for an offense like that in Ontario... I guess not yet...





Re: fighting a ticket
Thursday, July 21, 2005 11:42 AM
Here are some pics:




This pic was taken inside a Cavalier with the visor down, my dad was driving a van but you guys get the idea, The sun was also very bright and it obstructed the view of the sign on the ground, another thing aren't the handicap spots usually painted blue? Both of my parents didn't notice it when they were pulling in.
Re: fighting a ticket
Thursday, July 21, 2005 11:52 AM
Okay, The ground is painted and it isn't as faded as you first said. Secondly, the sign is there... your dad should have seen it when he stepped out. Didn't he notice the extra wide parking spot? That's usually the first sign that it is a disabled spot.

With that picture, you are only going to hurt yourself in court. Like Kevin said, your car or it's accessories could not be a "reason" for you not being able to see the sign.

Good luck though.





Re: fighting a ticket
Thursday, July 21, 2005 12:05 PM
A little bit of irony in that picture with the visor down... you can still see a reflection of the Disabled sign backwards in the window of the building...

I honestly don't think you have much room for negotiation on that charge... unfortunately.





Re: fighting a ticket
Thursday, July 21, 2005 12:57 PM
the reflection of the sign in window is from the parking spot behind this one, theres another handicap spot there. Does nature (the sun) count as an argument?

Re: fighting a ticket
Friday, July 22, 2005 6:43 AM
It depends on the judge. Although even if the sunvisor or the sun itself was blocking his vision... it couldn't possibly be that bright infront of him that he failed to see the disabled sign as he was pulling into the parking spot. The sun would have to hit the building from behind the car (it can't hit you directly in the face obviously... there is a HUGE building infront).

It should have been obvious that it was a disable spot simply because the ground is marked, there is a sign on the wall, the parking spot is wider than normal parking spots AND usually the parking closest to the building is a disabled spot especially if it happens to be free... lol

How lucky do you have to be to find the closest spot to the bulding free???

A lot of signs... the judge would probably lower the fine if you take it to court with the argument you presented. However, it is VERY unlikely that he will drop the ticket.

It doesn't really matter though... cause as far as the demerit points system is concerned... it's just a parking infraction.

Get the fine lowered or maybe even dropped if the parking officer doesn't show up and that's the end of that chapter. Live and learn right?





Re: fighting a ticket
Friday, July 22, 2005 7:15 AM
yes true thanks for ur help, I guess its just the judges discretion now.
Re: fighting a ticket
Friday, July 22, 2005 7:16 AM
It's his right to go to court and fight it, tell your Dad to do his research and maybe he can come up with something to fight it with.

Google is always a good research tool!! Hehe.
Re: fighting a ticket
Friday, July 22, 2005 8:05 AM
^^^ No one said don't fight it. So, I don't know what you are talking about.

What exactly would you search for in google? 'Parking Ticket + Disabled Spot + Helpme!!!?'

I am just trying to show him what a judge would see. To beat the enemy, you have to think and be like the enemy. (Sort of speak)

Good Luck Jacob and lets us know how it went.





Re: fighting a ticket
Friday, July 22, 2005 10:40 AM
... BZe ... wrote:^^^ No one said don't fight it. So, I don't know what you are talking about.

What exactly would you search for in google? 'Parking Ticket + Disabled Spot + Helpme!!!?'

I am just trying to show him what a judge would see. To beat the enemy, you have to think and be like the enemy. (Sort of speak)

Good Luck Jacob and lets us know how it went.



yes, exactly.. I wasn't contradicting anyone, just voicing my 2 cents out of habit and boredom.
Re: fighting a ticket
Friday, July 22, 2005 11:14 AM
Kl Vna wrote:
... BZe ... wrote:^^^ No one said don't fight it. So, I don't know what you are talking about.

What exactly would you search for in google? 'Parking Ticket + Disabled Spot + Helpme!!!?'

I am just trying to show him what a judge would see. To beat the enemy, you have to think and be like the enemy. (Sort of speak)

Good Luck Jacob and lets us know how it went.



yes, exactly.. I wasn't contradicting anyone, just voicing my 2 cents out of habit and boredom.


In that case... it's permissible.





Re: fighting a ticket
Tuesday, July 26, 2005 7:01 AM
I wouldn't present those pictures... fight the ticket and hope the cop doesn't show... if he does, change your plea to guilty with an explanation and hope for a reduced fine.



Re: fighting a ticket
Tuesday, July 26, 2005 7:38 AM
You can try and get a bargaining with the prosecutor... not much luck on that. Sorry. ... Or hope the enforcement officer does not show up.



My Cav
I give up...
i'm buying a VW those people love trees, so they should love eachother too... "Andy"
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