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Fail to report at parking lot
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PostPosted: Fri Apr 16, 2010 3:29 pm 
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About a month ago my wife was parking at a parking lot while visiting a doctor. She got a parking ticket from provincial parking enforcement officer. She argued about the ticket since she felt it was not justified and left the lot. About a week later, we got a phone call from a person who claimed that his car was hit at this parking lot and he wants us to pay him $1,000 in damages. He said that he has the enforcement officer as witness. We refused to pay, and two weeks later we got a letter from his insurance company. We contacted them immediately and told them that no car was hit and there is no damage to our vehicle.

Few days ago (more than a month after the incident) a Police Officer visited our house. He started the conversation by saying “you hit another car and left the scene”. He decided that my wife is guilty before talking to us. He asked her to admit the guilt or he is going to charge her with “hit and run” offence. According to the parking enforcement officer, the cars were parked in parallel. He claimed that our vehicle backed into the other car. However, according to the insurance company, the damage on the other car is on the right side. We pointed out that our car could not hit the right side of the car parked near our car by backing into it. He didn’t want to listen. He kept saying several times “I’m done with you, I’m going to charge you”.

What are our options? Can he charge us? Would it be a criminal charge or traffic ticket?


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PostPosted: Fri Apr 16, 2010 6:51 pm 
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kimk wrote:
She got a parking ticket from provincial parking enforcement officer.


Provincial parking enforcement officer? Where did this happen? And what was the ticket for?

How heated did the argument get between your wife and parking enforcement?

kimk wrote:
We contacted them immediately and told them that no car was hit and there is no damage to our vehicle.


Might want to invite them, as well as an adjustor from your insurance company, over to have a look at your vehicle.

kimk wrote:
He asked her to admit the guilt or he is going to charge her with “hit and run” offence.


If he had evidence to charge her, he should have charged her, not tried this bluffing game. Has he come back and charged with fail to remain?

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* The above is NOT legal advice. It is an opinion only. By acting on anything I have said, you assume full responsibility for any outcome and its consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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PostPosted: Sat Apr 17, 2010 12:22 am 
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Radar Identified wrote:
kimk wrote:
She got a parking ticket from provincial parking enforcement officer.


Provincial parking enforcement officer? Where did this happen? And what was the ticket for?

How heated did the argument get between your wife and parking enforcement?

kimk wrote:
We contacted them immediately and told them that no car was hit and there is no damage to our vehicle.


Might want to invite them, as well as an adjustor from your insurance company, over to have a look at your vehicle.

kimk wrote:
He asked her to admit the guilt or he is going to charge her with “hit and run” offence.


If he had evidence to charge her, he should have charged her, not tried this bluffing game. Has he come back and charged with fail to remain?

It happened at parking lot that belongs to medical center across the York Central Hospital in Richmond Hill. There is a clear sign that the lot is for medical center only, my wife didn't see it, so the ticket is justified. Her only mistake was arguing with this enforcement guy. Nothing too heated.

The owner of the other car notified his insurance company, they are in process of investigation now. My insurance company was not notified yet.

The police officer claimed that he saw the hospital security tapes, but like I said, the parking lot does not belong to the hospital, it belongs to medical center across the hospital. We checked there and I didn’t see any security cameras. Can they be hidden so you don't see them, or he might be bluffing?? How common it is to have security cameras on parking lots of medical centers?

He left without charging her, but I'm afraid he might come back. We called him few times and I sent him an email askng if any further action is required from us, but no response so far.

Another thing that I wanted to mention is the Police Officer behaviour during his visit. He was very offensive and aggressive during the whole conversation. He didn’t give us any chance to present our side of the case. Some of his remarks included: “You are a woman in your forties, you should be ashamed of yourself”; “If this is the education you give your children, they are not going to grow up very good people”; “If you came to live in this society and be part of the community, you should obey the rules”. All his remarks implicated that we don’t fit the Canadian standards and it might be better if we return to where we came from.

It felt almost like it was a personal matter for him.


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PostPosted: Sat Apr 17, 2010 9:37 am 
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kimk wrote:
The police officer claimed that he saw the hospital security tapes, but like I said, the parking lot does not belong to the hospital, it belongs to medical center across the hospital. We checked there and I didn’t see any security cameras. Can they be hidden so you don't see them, or he might be bluffing??


If he had video evidence, he should have charged your wife without the big, long threat about "admit guilt or I'm going to charge you."

kimk wrote:
Another thing that I wanted to mention is the Police Officer behaviour during his visit. He was very offensive and aggressive during the whole conversation.


You should call and ask to speak to a Sergeant or Staff Sergeant about that. It was totally inappropriate. As I said, if he had evidence to lay a charge and really did see surveillance tapes, he should have simply issued the summons, and been on his way.

Is your wife absolutely sure she didn't graze anything on the way out of the parking lot?

_________________
* The above is NOT legal advice. It is an opinion only. By acting on anything I have said, you assume full responsibility for any outcome and its consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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PostPosted: Sat Apr 17, 2010 5:27 pm 
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Unlike if your on the road and a police officer instructs you to pull over, you have extra certain rights inside your own home. If a police officer knocks on your door to ask you some questions it would be in your best interest to be helpful. But what you discribe sounds to me like harasment. He tried to coerce or impel you to admit guilt. This may work on some people, but I am glad it didn't on you. If this was me at that point i would go from a state of cooperation with the officer to telling him to leave, and shuting the door. Were I you I would also speak to his superiors if this indeed is the case, and you have been truthful in fact that you have not hit another vehicle.

I really think if he had a case he would have laid a charge, dont you? The law states that if you have been charged with an offence (and you have not) the burden of proof lies with the prosecutor(them), not the defence(you).

I was told in a case where another persons insurance company wants to talk to you, take their contact info only and do not talk to them at all. Let your insurance know the situation, and give them the contact info. I advise you to do this. Your rates should not increase, it just protects you. Baisicly your insurance company will tell theirs to F#$% off, because there is no proof.


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