View Full Version : Need Advice! Parking Ticket and Failure to Provide Insurance Ticket
bnardd
Jul 8th, 2012, 01:56 AM
Hi RFDers,
I would like to ask for your help and/or advice. Never received tickets in my life before and once I do, I get 2 within 2 weeks. :facepalm:
This happens on 2 separate occasions (jurisdiction is Ontario), I was wondering if I have a case for either of them and whether I should fight it or just pay it.
First ticket: Parking infraction. $25
For those that attend the University of Waterloo, you all know that there is usually a man that patrols the University Plaza beside the campus and issues tickets to those that he SEES parks their car and leaves the plaza.
This is what happened to me. I parked my car, looked around for him, and didn't see him, so I left for campus. The ticket I received was based on the fact that he witnessed my departure from the property, but I actually just left to meet a friend, and then came back to the plaza. So in a sense I received a ticket for nothing.
The second thing I found strange was that the ticket was issued by the City of Waterloo, but the plaza is considered private property and not part of the City?
Basically, I left the plaza for a brief moment, and came back with a ticket.
Do you guys think I have a case and whether I should fight this? Any help would be nice.
Second Ticket: Failure to provide Insurance on Demand from Officer. $65
I got pulled over tonight because ONE of my headlamps just burnt out and that my rear-plate lights were also out (had no idea). Initially I was supposed to get off with just a warning, but when the officer asked for my insurance, I forgot that I had left my newly renewed one at home and just had an expired one on me. Needless to say, he issued me a ticket of $65 for failing to provide insurance. I do have the card with me, just not at the time. Now, the charge right now is that I failed to 'provide insurance card'. Fact is that I did have one on me, just not the one that was valid.
If I choose to fight the ticket and show up in court with my valid insurance card, is there a chance I will have the charges dismissed? Any advice or help on this matter would also be appreciated.
I know the charges are not that high, but as a student in debt, I would like to avoid such unnecessary charges if possible. I thank all those in reply in advance! Any help is appreciated! :):):)
joepoonie
Jul 8th, 2012, 06:49 AM
Hi RFDers,
I would like to ask for your help and/or advice. Never received tickets in my life before and once I do, I get 2 within 2 weeks. :facepalm:
This happens on 2 separate occasions (jurisdiction is Ontario), I was wondering if I have a case for either of them and whether I should fight it or just pay it.
First ticket: Parking infraction. $25
For those that attend the University of Waterloo, you all know that there is usually a man that patrols the University Plaza beside the campus and issues tickets to those that he SEES parks their car and leaves the plaza.
This is what happened to me. I parked my car, looked around for him, and didn't see him, so I left for campus. The ticket I received was based on the fact that he witnessed my departure from the property, but I actually just left to meet a friend, and then came back to the plaza. So in a sense I received a ticket for nothing.
The second thing I found strange was that the ticket was issued by the City of Waterloo, but the plaza is considered private property and not part of the City?
Basically, I left the plaza for a brief moment, and came back with a ticket.
Do you guys think I have a case and whether I should fight this? Any help would be nice.
Second Ticket: Failure to provide Insurance on Demand from Officer. $65
I got pulled over tonight because ONE of my headlamps just burnt out and that my rear-plate lights were also out (had no idea). Initially I was supposed to get off with just a warning, but when the officer asked for my insurance, I forgot that I had left my newly renewed one at home and just had an expired one on me. Needless to say, he issued me a ticket of $65 for failing to provide insurance. I do have the card with me, just not at the time. Now, the charge right now is that I failed to 'provide insurance card'. Fact is that I did have one on me, just not the one that was valid.
If I choose to fight the ticket and show up in court with my valid insurance card, is there a chance I will have the charges dismissed? Any advice or help on this matter would also be appreciated.
I know the charges are not that high, but as a student in debt, I would like to avoid such unnecessary charges if possible. I thank all those in reply in advance! Any help is appreciated! :):):)
(1) First Ticket -> Anyone who went to Waterloo knows that if you leave the Campus Plaza, even for a moment when parked there will get a ticket. It's a legitimate ticket. Your only hope if you want to fight it is that the security guard won't show up to court.
(2) Second Ticket -> You didn't have the current insurance card on you, thus you got the ticket. "I do have the card with me, just not at the time" doesn't make any sense. Either you surrendered it to the cop or you didn't. The way to fight this ticket is to bring your current card to the Crown and show that you did have insurance with you -> they may/may not drop the charge at that point.
djino
Jul 8th, 2012, 08:52 AM
Hi RFDers,
I would like to ask for your help and/or advice.....fight it or just pay it.
Thread sticky right at the top that will give you ALL information you require on fighting any traffic ticket (including parking tickets). -> http://forums.redflagdeals.com/ask-me-anything-about-fighting-your-traffic-ticket-speeding-parking-etc-945928/
Parking infraction. $25
there is usually a man that patrols the University Plaza beside the campus and issues tickets to those that he SEES parks their car and leaves the plaza.
This is what happened to me. I parked my car, looked around for him, and didn't see him, so I left for campus. The ticket I received was based on the fact that he witnessed my departure from the property, but I actually just left to meet a friend, and then came back to the plaza. So in a sense I received a ticket for nothing.
The second thing I found strange was that the ticket was issued by the City of Waterloo, but the plaza is considered private property and not part of the City?
Basically, I left the plaza for a brief moment, and came back with a ticket.
Sure you should fight it, but you should ask yourself if the preparation for trial and the time at court is worth the $25 especially since a parking infraction conviction has no affect on your insurance premium. I still recommend people fight parking tickets, but mostly for the valuable court experience you can obtain for when you need to attend trial on more serious traffic/criminal offenses.
See Post #44 (http://forums.redflagdeals.com/ask-me-anything-about-fighting-your-traffic-ticket-speeding-parking-etc-945928/3/#post14777805) of that thread that explains what you should do when you receive a parking ticket (which is to DO NOTHING. Don't Request a Trial, Don't Pay the Fine - for the moment).
WHEN YOU SHOULD DO NOTHING (Don't Pay Fine, Don't Request A Trial)
As I mention in the OP, the first thing you should do when you get a traffic ticket is Request a Trial. Though there are a few exceptions to this rule.
...
...
2) Parking Tickets
A parking ticket will give you a 2 week due date (15 days), but you actually have 17 days. YOU NEED TO IGNORE IT ( you do not pay it, you do not request a trial, you do nothing - for now).
As per the Provincial Offences Act, s.18 (http://www.canlii.org/en/on/laws/stat/rso-1990-c-p33/1523/rso-1990-c-p33.html#BK25), they must send you a Notice of Impending Conviction (http://ticketcombat.com/parking/impendingconviction.gif) after 17 days has elapse but no more than 36 days. (no you are NOT convicted yet).
YOU then have another 15 days to respond ( by either paying the fine or requesting a trial). Which means this can take up to Day 58 since receiving the parking infraction ticket.
On the 15th day (due date) of the Notice of Impending Conviction is where you should Request a trial. Why??
Provincial Offences Act, s.18.1(2) (http://www.canlii.org/en/on/laws/stat/rso-1990-c-p33/1523/rso-1990-c-p33.html#BK26) states that the city must submit ALL paperwork to the court within 75 days of receiving the parking infraction. Since you have waited until Day 58 to request a trial, they only have 17 days to do this.. If they don't, is a valid reason to have your parking ticket dropped.
But in the chance that they DO NOT do this within the 75 days, you can get the Justice to squash the charge. You would tell the Justice:
Section 17(2) of the Provincial Offences Act (http://www.canlii.org/en/on/laws/stat/rso-1990-c-p33/1523/rso-1990-c-p33.html#BK23) requires court documents to be filed within 75 days. They have not done this. You must quash the charge.
----
ALSO NOTE: When you receive your notice of trial, use this specific Parking infraction Disclosure Request sample letter (http://ticketcombat.com/parking/parkingdisclosure.doc) and send it to the Prosecutor requesting disclosure of the evidence against you. This will indicate when the city filed your ticket with the court along with some other info that will be presented at trial:
DISCLOSURE REQUEST
Date: TODAY’S DATE
ADDRESS OF THE PROSECUTOR'S OFFICE
Court Date: YOUR COURT DATE
Location: COURT LOCATION
Defendant: YOUR NAME
Offence Number: YOUR OFFENCE NUMBER
Charge: WHAT THE CHARGE IS
__________________________________________________ ______
General Request
With regard to the above matter and in light of the guidelines set out in R. v. Stinchcombe, 1991 CANLII 45 (S.C.C.), and subsequent cases, I am requesting that you provide me with all relevant information and documentation so that I may prepare my defence against the above charge and make full answer.
Specific Request
Without limiting the generality of the above request, I ask that you also include:
the documentation to commence the parking infraction proceeding;
the date the proceeding was commenced;
the officer's copy of the Parking Infraction Notice (both sides);
the Certificate of Parking Infraction;
any evidence of ownership;
a typed copy of the officer's notes (both sides) and an explanation of any notations or abbreviations.
Missing Information
I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.
If you require further information from me or have any questions regarding my request for disclosure please do not hesitate to contact me.
_________SIGN HERE________
YOUR NAME
YOUR ADDRESS
When you do receive disclosure, reply to this thread so we can come up with a plan for trial.
-----------
Failure to provide Insurance on Demand from Officer. $65
I got pulled over tonight because ONE of my headlamps just burnt out and that my rear-plate lights were also out (had no idea). Initially I was supposed to get off with just a warning, but when the officer asked for my insurance, I forgot that I had left my newly renewed one at home and just had an expired one on me. Needless to say, he issued me a ticket of $65 for failing to provide insurance. I do have the card with me, just not at the time. Now, the charge right now is that I failed to 'provide insurance card'. Fact is that I did have one on me, just not the one that was valid.
If I choose to fight the ticket and show up in court with my valid insurance card, is there a chance I will have the charges dismissed?
When you get a ticket for failure to provide some document (drivers licence, insurance slip, etc.), I always recommend the first thing to do (ASAP) is either visit the closet police station to the incident and/or the court and ask if they are willing to drop this charge since you are able to prove to them that you had valid documents, just not with you. <-- This has about a 50/50 chance of having your charges dropped then and there, so you might as well try.
If they do not Drop charges. Then follow the steps as I outline on the first post of the ticket fighting thread.. Use the Back of the ticket and Request a Trial. Wait for the Notice of Trial to arrive. Then use the Regular Disclosure Request Document (http://ticketcombat.com/step4/sampledisclosure.doc) to request disclosure of the evidence against you.
DISCLOSURE REQUEST
Date: TODAY’S DATE
ADDRESS OF THE PROSECUTOR'S OFFICE
Offence Number: YOUR OFFENCE NUMBER
Offence Date: DATE THE OFFENCE HAPPENED
Charge: WHAT THE CHARGE IS
Defendant: YOUR NAME
__________________________________________________ ______
General Request
With regard to the above matter and in light of the guidelines set out in R. v. Stinchcombe, 1991 CANLII 45 (S.C.C.), and subsequent cases, I am requesting that you provide me with all relevant information and documentation so that I may prepare my defence against the above charge and make full answer.
Specific Request
Without limiting the generality of the above request, I ask that you also include:
a full copy of the police officer’s notes;
a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
a typed version of any hand written notes
witness will say statements;
witness statements;
any statements made by the defendant;
copies of the original notes of such statements; and
the names and address, occupation and criminal record of the persons providing such information.
Missing Information
I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.
If you require further information from me or have any questions regarding my request for disclosure please do not hesitate to contact me.
_________SIGN HERE________
YOUR NAME
YOUR ADDRESS
Once you have received disclosure, go back to that thread and we can discuss a plan for trial.
djino