Fire route on private property do I have case?

stephen32
Newbie
Newbie
Posts: 5
Joined: Sun Nov 04, 2012 3:29 pm

Fire route on private property do I have case?

by: stephen32 on
Sun Nov 04, 2012 3:56 pm

This morning I came downstairs to see my car with a ticket on it for $150 for parking in a fire route. The underground parking is under construction and we cannot park there so the tenates have to park either in visitors or adjacent streets. I have been parking in the same spot for a week and nothing was said to me until I found the ticket Sunday morning. I looked at every other car parked where I was and everyone that got a ticket was not fined and only had "consideration granted" on their tickets my car was the only one that got fined. All the cars I found with tickets I took pictures of them and what their tickets looked like. Below are the pictures I thought were needed to prove my case.

This is how may car was parked (Black VW) you can kinda see on the car behind me that he has a ticket. On his ticket it was written "consideration granted". The ramp has no sign saying it's a fire route.
Image

These are the closest signs to my car. None are on the same side as my car and no where near them.
Image

To get an idea of where the sign is its pretty much in front the the closest garbage door
Image

Here are where the other cars are parked they were given considerations in their tickets none were fined. I found 4 down this stretch and 1 that was parked behind me.
Image

I plan to fight the ticket because why was I the only car fined I may be closest to the outside but a fire truck can still come through. Will my ticket get thrown out?


daggx
Sr. Member
Sr. Member
Posts: 394
Joined: Sun Jun 22, 2008 3:21 am

Posting Awards

by: daggx on
Sun Nov 04, 2012 5:43 pm

The fact that you got a ticket while everyone else got a warning will not work as a defense in court, although I agree it seems unfair. However if you can show that the signage was inadequate then that could well work as a defense. What city did you get the ticket in? It would help to take a look at the specific by-law you were ticketed under to see what kind of signage is required and see how the law in your area defines a fire route. There have been cases where private property owners have put up fire route signs in places that don't actually qualify as a fire route.


stephen32
Newbie
Newbie
Posts: 5
Joined: Sun Nov 04, 2012 3:29 pm

by: stephen32 on
Sun Nov 04, 2012 6:46 pm

It happened in Brampton. It says "Park in a designated fire route" CITY OF BRAMPTON By-law 93-93. But how can I only get fined while everyone else was warned for the same offence.

My car was ticketed Sat Nov 3rd, 2012 01:17am Every other car I found received a warning after that. You'd think I would get the warning and when they came 24 hours later they would issue fines. I plan to go down around 11:30pm tonight to see if anyone else gets a ticket in my spot and if they get a fine or warning.

I don't want to seem like an a-hole but why cant I use my car was the only one issued a fine when everyone else got a warning as a defence? If you commit a crime not matter how small you still committed a crime. They were just as much in the route as me if not worse and they got a warning when I get a fine.


Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Sun Nov 04, 2012 7:19 pm

The Court will only be interested in what you did, since you're the one who was charged. It's like getting stopped for speeding, the fact that everyone else may have been speeding isn't a defense. It sucks that you're the only one who was charged, but it doesn't change what you're accused of.

I also don't see the fact that a fire truck could fit by is a defense, since it's still illegal to park there. As stated above, research bylaws and see what the signage requirements are. You're best defense strategy will probably arguing improper/insufficient signage.


stephen32
Newbie
Newbie
Posts: 5
Joined: Sun Nov 04, 2012 3:29 pm

by: stephen32 on
Sun Nov 04, 2012 7:40 pm

Well it's not like they couldn't ticket them all. A cop can only pull over one at a time. They just have to go car to car. The area my car was parked has no sign it was over by the garbage. So I'll try that.
What happens if I find some one in my spot with a ticket that gets a warning well they through mine out then?


Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Sun Nov 04, 2012 9:07 pm

No. Again to use the speeding analogy, an officer might give one speeder a break and another a ticket even though they committed the same offence. You can't use the fact that someone else got a break as a defence for your charge. Officers are allowed to use discretion. I do agree that it's annoying that everyone but you got a break and somewhat unfair, but it won't help in Court.


stephen32
Newbie
Newbie
Posts: 5
Joined: Sun Nov 04, 2012 3:29 pm

by: stephen32 on
Sun Nov 04, 2012 9:19 pm

I will take a better picture of the other sign and use that as my defence. Above where I was parked there was no sign. Only to my right closer to that wooden structure in the picture. So I figured anything against that side walk would be in the fire route but after parking at that same spot for a week it wasn't until I got that ticket I noticed it was there. The one that was in front of me isn't visible from where I parked. Hopefully it works out.

Thanks for your help.


bend
Moderator
Moderator
Posts: 1184
Joined: Wed Sep 19, 2012 1:44 am

Posting Awards

Moderator

by: bend on
Mon Nov 05, 2012 7:51 am

Worry about yourself and stop worrying about what tickets other people received. For whatever reason they caught a break and you didn't. You're going to have to get over it because it has no effect on your case whatsoever.

Your defense, if any, will hinge on whether the signage was appropriate in relation to your car. Nothing more, nothing less.

If your defense is "they got warnings and I didn't", I suggest you save yourself the trouble of being talked downed to by a Judge and just pay your ticket. "I'm not paying my ticket till everyone gets a ticket" is not a defense.

You have the pictures of the signs in the area. If you feel like they are not properly posted, start there.

Also, you're all in violation of Brampton By Law 93-93, Part VI, 40 (1):
No person shall park any vehicle on any highway or portion thereof, other
than one-way street or highway or where angle parking is permitted, except
as follows:

(a) Where there is a raised curb or rolled curb, parking shall be limited to
the right side of the roadway, having regard to the direction which the
vehicle had been proceeding, and with its right front and right rear
wheels or runners parallel
to and distant respectively not more than
fifteen (15) centimetres (6 inches) from such curb.
That is unless it's a one way. In which case your theory of the sign being placed on the opposite side in which you parked is not going to hold up as long as the sign is on the right side of the direction of traffic. You must obey all signage visible on the right side. There's other requirements too such as degrees in relation to the curb and so on. It's hard to tell, but the sign doesn't look like it's facing traffic properly, although its on the right side. You can research that. Fire Routes apply to both sides and would only need to be placed on the right side of traffic flow. There's a possibility that there's more signs located down that stretch on the right side of the road. Regarding Fire Routes Brampton By Law 93-93, Part VI, 47 (5):
(5) no person shall park or leave a vehicle at any time on or along any part of a
private roadway designated as a fire route
; and

(6) a Municipal Enforcement Officer upon discovery of any vehicle parked or
standing in contravention of the provisions of this section, may cause it to be
moved or taken to and placed or stored in a suitable place, at the owner's
expense, and all costs and charges for removing, care and storage thereof,
if any
, are a lien upon the vehicle, which may be enforced in the manner
provided by the Repair and Storage Liens Act.


stephen32
Newbie
Newbie
Posts: 5
Joined: Sun Nov 04, 2012 3:29 pm

by: stephen32 on
Mon Nov 05, 2012 8:48 am

It pretty much is an L around the back of the building I can only see the sign that is at the back. But the underground there is another lane branching off from the back one. So shouldn't there be a sign for where traffic is going in a different direction? Like coming out of the underground parking where I am?


Post Reply
  • Similar Topics

Return to “Parking Tickets”

Who is online

Users browsing this forum: No registered users and 2 guests