Parking ticket from "Developer maintained - Unassumed road"

torontob
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Parking ticket from "Developer maintained - Unassumed road"

by: torontob on
Mon Nov 28, 2011 2:22 pm

Hi everyone,

City of Ajax has a 3AM - 6AM no parking on streets rule that doesn't get enforced often. I don't even know why that rule is because snowplow trucks don't even show up till 8AM. First ticket in 5 years on a road beside my home that has a sign which says, "Developer maintained - Unassumed Road,....city bylaws apply".

My questions:
1- Is this ticket disputable due to being unassumed raod. Yes, I do see the note which says city bylaws still apply but wondering why even put the sign then if it's the same type of road as any other.
2- Anyone has experience with city of Ajax parking tickets? how about ask a prosecutor review and ask for a one time off?
3- How long does the court take (city of Ajax) to summon for a parking ticket if filed to appeal?

Thanks


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by: Reflections on
Tue Nov 29, 2011 10:34 pm

torontob wrote:Hi everyone,

City of Ajax has a 3AM - 6AM no parking on streets rule that doesn't get enforced often. I don't even know why that rule is because snowplow trucks don't even show up till 8AM. First ticket in 5 years on a road beside my home that has a sign which says, "Developer maintained - Unassumed Road,....city bylaws apply".

My questions:
1- Is this ticket disputable due to being unassumed raod. Yes, I do see the note which says city bylaws still apply but wondering why even put the sign then if it's the same type of road as any other.
2- Anyone has experience with city of Ajax parking tickets? how about ask a prosecutor review and ask for a one time off?
3- How long does the court take (city of Ajax) to summon for a parking ticket if filed to appeal?

Thanks
What is the ticket for?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


torontob
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by: torontob on
Thu Dec 01, 2011 10:48 am

This is a parking ticket from what it seems. But there are no code violation on it.


On top = "Certifiate of parking infraction"
Logo = The corporation of the town of ajax

Has the ticket#, date, time, my plate number, expiry of plate, and location parked. Fine of $25 for early payment or $38 for late payment. Signed by officer and officer #. That's all.

It also says it can be appealed to court.

Thanks




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by: daggx on
Fri Dec 02, 2011 12:40 am

The by-law that you were charged under is Ajax TRAFFIC BY-LAW 5-2004 section 9.1 (o) which reads: "No Person shall on any Highway Park any Vehicle between the hours of 3:00 a.m. and 6:00 a.m."
-So to answer your question about whether you can be charged with this offence on an unincorporated road we have to look at section 1.1 of the by-law to see if the definition of a highway includes unincorporated roads. Section 1.1 indicates that the by-law uses the same definition of a highway as the Highway Traffic Act. So we have to look at section 1(1) of the Highway Traffic Act, which says “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)." By this definition it looks like the unincorporated road does count as a highway, so the by-law is enforceable.
Here is the links to the by-law and HTA if you are interested:
http://www.townofajax.com/Asset190.aspx
http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm
-I think the only reason they put the “unincorporated road” sign up is to tell drivers that the road is maintained by a private company and not the city, it is basically saying if there is a maintenance problem with the road call the private developer not the city and if poor maintenance causes an accident sue the private developer not the city.
-As to whether you can ask to have the ticket reviewed, you certainly can, although I don’t know whether they will reduce the ticket or not. Here is the link that tells you how to do that http://www.townofajax.com/AssetFactory.aspx?did=9125
-I’m not sure how long Ajax takes to bring people to trial, someone who lives there would probably know better than I. Also remember that parking tickets do not affect your driving record, so you will have to decide if putting in the time to prepare for and attend a full trial is worth it for a $25 fine.
Anyway good luck and sorry for the long winded reply, hopefully some of it was useful.


torontob
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by: torontob on
Fri Dec 02, 2011 1:06 am

daggx: Amazing find. Thanks for all the info and very precise approach. My ticket doesn't show the BY-LAW 5-2004 section 9.1 (o) but I guess it is that. And yes, it was parked over night and ticket time is 3:46 AM.

time lord: I am not sure who you are referring to; Me or the road owner contract with the city corporation? I am pretty sure getting one exists between the owners and the city.

P.S. I don't think there is anything odd in the "city of ajax corporation". I think it's the same for Toronto even if it's not noted on the parking tickets from Toronto. All cities are corporates.

One more question, one is the ration behind 3-6 AM no parking? Like I said the snow plowers are only out by 8 or later....


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by: Reflections on
Fri Dec 02, 2011 2:33 am

I'd still fight it based on the fact that it is an unassumed road.

The city bears no responsibility for the road, therefore has no right to enforce their by-laws to it.

They have basically stated that it's not their road........ i'm not sure how this would stand up, it is only my opinion.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: Squishy on
Fri Dec 02, 2011 3:45 am

Is this a townhouse complex? I'm asking because the sign says "Developer Maintained" - and those townhouse complexes are typically all private property and do not meet the definition of a highway under the HTA, even though some of them have intricate roads complete with stop signs and all.

Nothing odd about "The Corporation of the Town of Ajax" - everything I get from the mayor's office here says "Corporation of the City of Orillia," including the official seal.
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by: Stanton on
Fri Dec 02, 2011 8:20 am

The developer maintained signs are pretty common in new subdivisions until all homes are completed and the City takes over, even though people are living there well before the last home is finished.

I don't believe the fact it's an unassumed road will have any bearing in Court. It's still part of the City and you likely still obtain City services.

If it really doesn't have a charge or section though, I think that could be good grounds to fight the ticket. Were those sections just left blank on the ticket or is there no spot for the info?


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by: torontob on
Sat Dec 03, 2011 12:37 pm

Here is the exact spot per Google Street View. You can see the Yellow Unassumed sign and the car was parked by the Post Box - to the left is 3 Sheldon Drive (has no door to sheldon but house door is to Old Harwood):
http://maps.google.ca/maps?q=3+Sheldon+ ... ifcQA&z=17

The ticket has this info:
Ticket #: xxxxx
Date: xx/xx/xx
Time: 3:46 AM
Plate: XXXYYYY
Expiry Date: XX/2011
Location: Near 3 Sheldon Dr.
Town: Ajax
Province: ON

----------------------------Infraction-------------------------------
Early Payment Set Fine
$25 $38
Parked Between 3AM AND 6AM


Signature of issuing provincial offences officer: signed
Officer No: xxxx

So, it doesn't have an infraction NUMBER but it states "Parked BETWEEN 3AM AND 6AM" under INFRACTION section. So, my bad about posting wrong info.


torontob
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by: torontob on
Wed Mar 28, 2012 3:12 pm

Hi everyone,

I got a letter to appear in court and I asked for note disclosure. Here is what the note says:

Friday - November 4th
2:00 am to 7:00 am
Report for duty.
3:00 am to 6:00 am Parking, "snow" removal??? (not sure if that is snow removal) - There was absolutely no snow back then.

7:00pm = ROD (Why this report is written at 7PM if this was an early morning job?)
Signed #2xxx

1 -The ticket shows officer number 99999 (probably generic # they use but too bad for them) - Can I not contest this based on officer number being wrong on ticket and disclosure notes show "Signed #2xxx"? **Actually 99999 shows on the letter of "Notice of trial". The actual ticket has the right officer number on it.

2- It seems like notes are from a personal notebook. Above, and below lines are blacked out. But I can see through the blacked out lines that says for another day:
Monday - November 7th
8:30 am - In the office
9:30 am - Tagged one vehicle in front of 55 Baylee St.
9:50 am - Tagged one vehicle in front ......
10:30 am - Patrolled ........

So, why didn't this guy write "Tagged" for my vehicle when he is doing that for all other vehicles? Has he neglected to send me that part of the notes? Or, he just ticketed me during day time which I suspect is the case and hence no notes.

Are his notes sufficient enough to enforce the ticket or do I have any grounds?

Thanks


torontob
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by: torontob on
Thu Mar 29, 2012 6:32 pm

Hi everyone,

I got a parking ticket and disclosure of notes only shows that officer "was on parking duty" for that day and that's all. Parts of the notes blacked out shows that the officer on the next day was very specific about each and every ticket that he wrote, like "Tagged at 4:45 PM in front of 10 John St.", etc...

So, it's either that he neglected to disclose all the notes (unlikely) or that he just didn't make any specific notes regarding parking ticket he give me.

How much bearing do these facts and notes have (if any) when I am contesting the charge and putting the officer on the stand?

Thanks


Stanton
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by: Stanton on
Fri Mar 30, 2012 5:49 pm

I guess the question is how much information does he need from his notes for Court? I would think for the offence you've been charged with, all the relevant information would be on the ticket itself, which the bylaw officer can refer to in Court. He would just need to cover off time, location and vehicle. In regards to the officer # error, if it's just on the notice of trial, that's irrelevant. The mistake would have to be on the ticket itself.


torontob
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by: torontob on
Tue Apr 03, 2012 3:17 pm

Stanton, thanks for the feedback.

Based on what you are saying, he is not required to write in his notes and I can't argue why he wasn't detailed in my case while he was detailed in all other case next day. Am I getting that right?

Probably the best thing would be to pursue "unassumed road" issue?!

Thanks


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