Is my case really a case of "mis use parking permit"??





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by: admin on
Sun Oct 28, 2018 3:37 pm

greasespot wrote:
Sun Oct 28, 2018 2:56 pm
If you dropped him off why wouldn't you park in a regular spot and then leave the disabled spot for someone who did not have a able driver? Your did did not have to walk from the spot so you had no reason to park there. That is ultimately who the spot if for

GS
I understand where you are coming from. I would like to point out how this way of thinking affects people such as myself and the OP who live or drive around disabled passengers:

What happens after leaving the building with the disabled person? Since I was not allowed to park in that spot. In heavy snow or weather I am to wheel or walk the disabled person to the non-accessible parking spot? Why would I do that? Any idea how difficult that is?

So it really means I cant leave!? So then that means, as I stated above, it is in my opinion that this can become a form of detention for the driver of the disabled person, because "the driver" is at risk of being charged a $500 ticket, if for any reason the driver needs to leave and go elsewhere.

The idea of a handicap parking in the first place is to make it accessible. If a disabled person who doesn't drive, needs a driver to drive them, then by extension I would argue that driver now has the accessible parking spot available to them as well.






greasespot
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by: greasespot on
Mon Oct 29, 2018 11:19 am

You are not parking you are dropping off. Then you go park in a regular spot and go in. Then you walk to your car and return to pick up the disabled person. The disabled person is not walking to and from the spot.

That leaves the spot available for the person who actually cannot walk. You as the driver dropping off can walk but chose not to.

That is why the pass holder has to be at the parking spot


stockt28
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by: stockt28 on
Mon Nov 19, 2018 12:57 pm

GS I got you point. then the main argument should be about " where the pass holder is being pick up and drop off" , Not about "the driver is being with holder at the spot or not" as even if the pass holder is picked up from where he get drop off , there is always moment of that the pass holder not being with the driver like Admin pointed it out earlier. or it will become a detention to driver of the disable person.

BY Now TWO law enforcement officers could not even tell/explain to me the right point, how can a driver have the knowledge to tell what is right and what is wrong ?? After all, my father was with me and he was in the mall.

I advocate Admin's idea of Permit's extension to the driver, esp. in my case, the family who's helping the disable. otherwise the permit is useless for the pass holder.

I received the summon today and it seems this is very serious charge.. Any advice will be greatly appreciated!!


greasespot
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by: greasespot on
Tue Nov 20, 2018 12:52 pm

Again you just want to park close to the door. The By being with you part or the permit is to be used when, for example you are driving your father and park in a spot with him because he is not able to walk far to the door.

By dropping him off at the door you have negated the need for the permit as the person left in the car and parking does not need an accessible spot.

The permit is issued to the person and not the car.

GS


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by: stockt28 on
Tue Nov 20, 2018 10:11 pm

GS I already got your point and you donot have to repeat again and again. the permit is issued to person and I can read what written on the back of the permit. "it is for the purpose of transporting the permit holder". I used it for that purpose indeed. My father doesn't speak English and doesn't drive, 1) how would the permit help him w/o extension to the family who helps him?? 2) if the law enforcement officers cannot even explain to me clearly and get to the right point, how do you expect the ordinary driver tell if the use case of the permit is legitimate or not??


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by: greasespot on
Wed Nov 21, 2018 3:08 am

I don't know it's pretty clear. When you stop the car and take the keys out and he is with you that is not a misuse. When you drop him off at the door and go park the car he is no longer with you so that is a misuse.

I ask this How did you parking in the disabled spot after you dropped him off benefit him?


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by: stockt28 on
Wed Nov 21, 2018 1:22 pm

As I mentioned earlier, I parked in the disabled spot as there was not disabled parking spot , not even the regular spot available in front of the restaurant. I may have the misconception of that as far as he is with me, I would be able to use the spot as it is for the people in the mall.. I donot disagree with you on that I might've misused the spot.. All really matters not really about "being with the permit holder", is about how to use the spot. My point was that as a driver who is helping my father, how possibly can I justify in the situation like this where the officers could not even get to the right point and explain the law. to be fair, how can a driver be aware of such a illegitimate use case of the permit before he is given a ticket??


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by: DynamicVapor on
Tue Nov 27, 2018 5:50 pm

The process for parking tickets is different now in the City of Toronto, the new procedure is set out by a new bylaw. At the end of the day, even if you are unhappy with the decisions of the review panel, hearing panel, you can still get your day in court in front of a Justice of the Peace, you just need to jump through those hoops first.

A signed letter isn't really going to be of any benefit. In court, a signed letter is worth nothing as it's not a certified piece of document.

Since your dad is your witness, he must be present.

I would suggest you go to the hearing and bring your dad with you so he can testify.

Worth a shot, but the by-law is quite defined. If the permit holder is not present during off-load or loading of the vehicle then the permit is not valid.




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