Ticketed For Parking in a Handicap Spot

UnluckyDuck
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Ticketed For Parking in a Handicap Spot

Unread post by UnluckyDuck on

I was parked last night in a parking lot in Scarborough. When I came back to my car, I see a $450 ticket on my car. There were no markings on the ground for lanes, or even painted blue for a handicap spot. There was a sign on the wall, but it was to the right of my car so i assumed it was for the spot next to me (no markings on the road). This is my first offence for this, and I believe $450 is a steep fine for an honest mistake. It's not like I knew it was a handicap and still decided to park there. So I have no problem going in for an early resolution and getting it reduced. However, I noticed the officer forgot to put what By-Law that I Broke (See Picture). So would this be considered a fatal error, or not? Any help would be greatly appreciated!


EDIT: Sorry, for some reason it won't let me upload the file.
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bend
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Unread post by bend on

Each city is different and you'll have to look up the particular bylaw in that specific city. The city will have it's own regulations about how the signs and the spot is to be labeled. It's not uncommon for a sign to be the only indicator required for a handicap spot. So just because there isn't something on the ground doesn't mean it's not a handicap spot.


daggx
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Unread post by daggx on

The minimum requirements for marking a disabled parking space are set out in the Highway Traffic Act regulation R.R.O. 1990, Reg. 581. Here is the link: http://www.ontario.ca/laws/regulation/900581

Toronto's by-law for the required design of a disabled parking space in off street parking lots is set out in municipal bylaw 903-12 schedule 1. It looks like the Toronto bylaw is a bit stricter then the minimum requirements set out in the HTA and does require pavement markings. So if no pavement markings exist then it looks like this spot is not properly marked according to the by-law.
Here is the link to all of chapter 903: http://www.toronto.ca/legdocs/municode/1184_903.pdf


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Unread post by UnluckyDuck on

Thanks Daggx for spreading some sunshine on this situation. So I went back today and took photos of the location, and there are no lines on the pavement, not even lines showing parking spaces. So if I take in my photos plus quote that by-law link, I should get off the charge correct?


daggx
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Unread post by daggx on

I think you have a strong case. Given what you have said here I think you can make the argument that you parked in a place that you legitimately thought was not in the disabled parking spot and that had the legally required pavement lines been there this whole thing would not have happened. You will want to print off several copies of the bylaw and schedule 1 so that you can show both the JP and the prosecutor the sections that you are referring to when you make your case. Also I would file a request for disclosure after you get your court date. Some people don't bother to get disclosure for parking tickets but in this case I would as sometimes the enforcement officers will take pictures with disabled parking violations and you will want to get a look at those if they exist. There is a good template for filing a disclosure request here: http://www.ontariohighwaytrafficact.com/topic2959.html It is designed for speeding tickets but you can delete that stuff and simply put in that you would like a copy of the officer's notes and any photographic evidence they intend to use. Also If you are going to use your own photos take a look at this thread: http://www.ontariohighwaytrafficact.com/topic1765.html It goes through what you have to do to enter your own photos into evidence. Anyway good luck, keep us updated on how things are going, and feel free to post any follow up questions you have.


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Unread post by UnluckyDuck on

Just Re-opining this thread. So I took pictures of the area on the next day after I received the ticket, but used my cell phone. I took pictures last night using the Court Guidelines (Raw Format, Time and Date Stamped, Etc.). Would they still be able to be used in court?


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Unread post by jsherk on

+++ This is not legal advice, only my opinion +++


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Unread post by UnluckyDuck on

Hey Everybody,

6 Months has passed and still have not recieved anything in the mail (knock on wood). Lets say this goes past 10 months and still no trial date set, can I file an 11b? Just curious as this might be a lot easier than actually going to trial?


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Unread post by jsherk on

Did you plead not guilty and request a trial?

Toronto has a huge back log, especially for parking tickets and lots of people are getting trial dates 2 years later. You just wait for your notice of trial. Once you get it, you wait until about 3 weeks before the trial and file your 11b application.
+++ This is not legal advice, only my opinion +++


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Unread post by UnluckyDuck on

Update: Recieved my Notice of Trial today for the 16 of May, 2016. I filed my ticket, pleading not guilty on April 25, 2015. This puts me just over a year. Would an 11b still be possible for this?


jsherk
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Unread post by jsherk on

I think so. Usually anything more than 11 months is good.
+++ This is not legal advice, only my opinion +++


UnluckyDuck
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Unread post by UnluckyDuck on

So I requested disclosure on Feb. 25th. Didn't receive anything. Filed a second disclosure request on April 5th, and still haven't received anything. I will file a third request either today or tomorrow. My trial date is on the 19th of this month. If I can get an adjournment, will that strengthen my case for an 11b?


jsherk
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Unread post by jsherk on

Once you get up in front of the JP you need to make sure that you clearly say:
-how many requests you made
-when you made them
-and that you have not received disclosure yet (or you just got it within the last couple weeks) and therefore you have not had time to prepare your defense
-you need an adjournment, which of course is inconvenient because you have to take another day off work to come back again
-and given the number of requests you made, and the fact that the prosecutor knows full well they need to provide it in time, the delay should be against the prosecution and not you.

If you can say all those things while in front of the JP, then they are "on the record" and will become part of the transcript that an appeal Judge will read when reviewing an 11b application.

So the answer to your question is MAYBE it will help in an 11b.




+++ This is not legal advice, only my opinion +++


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