handicapped parking issue

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littleabby
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handicapped parking issue

by: littleabby on
Tue Sep 06, 2016 1:11 am

I got a ticket for parking in a handy cap parking zone. .The car and the handy cap permit is in my husbands name .I too have a bad back and walk with a cane sometimes .I didn't know that we needed two permits for the same car .I went to pay the ticket and they told me I didn't have to pay ,because the parking officer had the wrong licence plate number on the ticket ;so it was thrown out .Two weeks later a police officer came to the door with a summons to go to court .I told him that the ticket was thrown out ,and he said it didn't matter .I still have to go to court .I don't understand why I still have to go to court ,unless it is to get my husband permit back .Could you please explain .
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bend
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by: bend on
Tue Sep 06, 2016 3:47 am

The permit is registered to your husband, not to the car and anyone driving in it. If you have medical issues of your own, you'll have to apply for your own permit. A regulated healthcare practitioner will help you in this process. Only the person who the permit is registered to can use it for accessible parking. Otherwise, you'll have to park in a regular space.

I'm assuming you received a summons for:
  • 27. (1)(b) display an accessible parking permit otherwise than in accordance with the regulations.
The regulation (REGULATION 581) being:
  • 6.(2) An accessible parking permit issued to an individual is not valid when it is displayed on a vehicle if,
    (a) the vehicle is not being used to pick up or transport the holder of the permit;

A summons is an appearance you'll have to make. You can't mail in a ticket because there is no set fine. The fine varies:
  • Penalty
    (2) A person who contravenes clause (1) (a), (b), (c), (d), (e) or (f) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $5,000.
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jsherk
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by: jsherk on
Tue Sep 06, 2016 3:38 pm

I would do the following:

(1) Plead not guilty and request a trial.

(2) Immediately go to your doctor and get your own handicap permit.

(3) On the trial date, go with your husband and talk to the prosecutor before the trial. Tell him you both thought you could park on your husbands permit and when you found out you could not, you immediately went out and got your own. If the prosecutor is in a good mood, they might drop the charge.
+++ This is not legal advice, only my opinion +++
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