Code 358 Stand Vehicle In Disabled Parking Space....

On September 16, 2010 my father-in-law borrowed my wife's car to take his wife to Princess Margaret Hospital for treatment for leukemia. She was quite weak at the time and died in December. My father-in-law was 64 at the time and was on disability because of a back injury. Both he and his wife had valid disabled parking permits. There was a light rain shower at the time. He parked the car at an entance next to a disabled sign, placed his wife's permit on the dash, and helped his wife into the hospital. He had not intended to leave the car there, but his wife began feeling like she was going to collapse and so he had to find a safe place for her to sit and make sure she was okay. Then he went back to move the car to a parking lot, but found a ticket for $450 (Code 358: Stand vehicle in disabled parking space while not transporting, picking up or dropping off current valid permit holder). He was transporting and dropping off the current valid permit holder, but because of her condition, his return to the car was delayed. My wife and I were not present on that day.

We have a court date scheduled for early march 2012. We have a copy of his wife's appointment for the day, the weather report, and the permits. I am wondering if there is any chance that this will be thrown out on compassionate grounds. What was he to do when his wife, in her condition, was on the verge of collapsing? He is living on an income if less than $1000/month.

Also, he will be out of the country on the date of the trial, visiting his late wife's family and settling an insurance matter. We are wondering if we have a written statement signed by him and notarized, if it is admissible on the trial date.

I think under the circumstances the Crown would at the very least offer a reduced fine if you explain the situation.

In terms of going before the JP or to trial, I think that could be problematic without your father present. Written statements typically arent admissible on their own, since they cant be questioned, etc. Im not really sure what you could testify to as well since you werent present, and your explanation, though I'm sure truthful, would be considered hearsay and inadmissible.