Handicapped Parking Ticket, $450, Help?

swift0114
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Handicapped Parking Ticket, $450, Help?

by: swift0114 on
Fri Oct 14, 2011 7:46 pm

So my gf just got a $450 ticket for parking in a handicapped spot at work. She works in a strip plaza and each parking spot has a number designated for different business units. Since her allocated parking spots were taken up by guests at her work place, there was no more spots left for her to park. She couldn't park in other business' designated parking spots because there have already been a war going on with different units arguing about parking in the wrong designated spots. So, she goes and parks in the handicapped spot and got a ticket when she was leaving work. Was it wrong? Yes, but nothing we can do now but to try to soften the blow...

So does anyone have any idea what she could do? Also, the handicapped spot did not have a cement block and metal sign. Only a logo on the ground. Should be considered private property.. any way she can get out of it?


daggx
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by: daggx on
Fri Oct 14, 2011 9:57 pm

If the parking space did not have a vertical sign then you may have a case as it looks like Reg. 581 of the High Way Traffic Act requires that there be a posted sign not just markings on the pavement. Here is a link to the regulation: http://www.e-laws.gov.on.ca/html/regs/e ... 0581_e.htm


swift0114
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by: swift0114 on
Sat Oct 15, 2011 12:52 am

daggx wrote:If the parking space did not have a vertical sign then you may have a case as it looks like Reg. 581 of the High Way Traffic Act requires that there be a posted sign not just markings on the pavement. Here is a link to the regulation: http://www.e-laws.gov.on.ca/html/regs/e ... 0581_e.htm
Thanks daggx, we found that regulation as well and was wondering the same thing. Glad to have you chime in and feel the same way we do.

Another question is, does she go to court and when asked "guilty or not guilty" she pleads "not guilty" citing Reg. 581 of the HWTA?


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by: daggx on
Sun Oct 16, 2011 6:10 pm

No problem, always happy to throw in my 2 cents.
For court your girlfriend is going to have to establish that the signage for that spot was improper so if she hasn't already I would go and take some pictures to show that there was no vertical sign there.
When your girlfriend gets her court date in the mail she should file for disclosure and get a copy the ticketing officer's notes. See if the notes mention anything about the signage, if the notes indicate that there is no vertical sign then that will help her case.

When she gets to court she should plead not guilty. After she enters her plea the prosecution will call their first, and only, witness which will be the ticketing officer. After the prosecutor has asked all their questions she will be given a chance to cross examine the officer. She should ask the officer about the signage and see if she can get them to admit that there was no vertical sign. If the officer admits that there was no vertical sign she can then show the Justice of the Peace a copy of regulation 581 and ask that the case be dismissed.

If she can't get the officer to admit that there was no vertical sign then your girl friend will have to take the stand and testify that the sign wasn't there. At this point she can also ask to have the photos admitted into evidence. There are some rules around how to admit photos into evidence that I'm not totally familiar with so you will probably want to look those up to make sure you can get your photos admitted into evidence. Be aware too that if your girlfriend takes the stand the prosecutor will be able to cross examine her so she should be prepared to answer the prosecutor's questions.

If you've got some extra time it might be worth doing a check for case law to see if this issue has come up in court before. If it has there might be some case law out there that will help your case. http://www.canlii.org/en/ is a great resource.

Also worth noting is that when your girlfriend checks in with the prosecutor on the day of her trial she may be offered a plea bargain. Since this ticket is only a fine and will not affect her insurance a deal might be worth considering. If they reduce the fine enough it might be worth it to take the deal and run, but she won't be able to decide that until she sees what the prosecution is offering.

Anyway if I were fighting this case that is how I would proceed, although I'm not a paralegal just layman who has done his own research to fight his own tickets, so some one with formal legal training might have a different approach. Good luck and keep the forum updated on how the case goes, it is always nice to be able to see how things turn out.


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by: Radar Identified on
Sun Oct 16, 2011 7:49 pm

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


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by: daggx on
Mon Oct 17, 2011 3:43 pm

Just a quick update to let you know that I found a thread in the court procedures section of this site on how to get photos admitted as evidence, definitely worth a read if you are going to use photos as part of your defense. (Tip of the hat to Radar Identified as the author of the post)
http://www.ontariohighwaytrafficact.com/topic1765.html


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by: trevbluejenkins on
Mon May 07, 2012 1:54 pm

Brantford, ON.
My girlfriend just got a $300. ticket this morning, because we have a rental townhouse that is wheelchair accessable and comes with a parking spot, designated Handicapped Parking. She doesn't have a Handicapped sign for her car, yet...but this is our designated parking spot, included in our rent, on a privately owned complex. The manager of the complex called the number on the ticket to argue our position, ( as another person in the complex also recieved the same ticket!) She has removed the handicapped signs, but said we may have to pay the fine. We're going to court it seems.
I think if I produce the rental agreement showing included parking, and that, the spot in question is for our unit...it should be thrown out.
Any thoughts or information would be appreciated! Thanks people.


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by: iFly55 on
Mon May 07, 2012 3:04 pm

trevbluejenkins wrote:Brantford, ON.
My girlfriend just got a $300. ticket this morning, because we have a rental townhouse that is wheelchair accessable and comes with a parking spot, designated Handicapped Parking. She doesn't have a Handicapped sign for her car, yet...but this is our designated parking spot, included in our rent, on a privately owned complex. The manager of the complex called the number on the ticket to argue our position, ( as another person in the complex also recieved the same ticket!) She has removed the handicapped signs, but said we may have to pay the fine. We're going to court it seems.
I think if I produce the rental agreement showing included parking, and that, the spot in question is for our unit...it should be thrown out.
Any thoughts or information would be appreciated! Thanks people.
@trevblue

if the tickets were issued on private property, the manager knows exactly who issued the ticket whether it be the city or private security (MLEO); the manager has arrangements with the enforcement party to have the tickets cancelled

i would inquire about who issued the tickets, and on who's authority

unfortunately i don't believe you have a case to get the tickets thrown out if it goes to trial, if the designated space had the universal handicap sign painted on the ground as well as a clearly visible posted sign; the issuing officer will only need to recite that your vehicle was parked in a designated space without a valid handicap permit displayed

however, based on your story you maybe offered a reduced fine, possible halved: $150


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