There is nothing wrong with the offence they have issued.
All an exemption does is stop the continuous licensing fees accrue, and stops the vehicle lapsing. You are still unlicensed for use on the road, and they have issued an infringement for that. If people have received different fines in the past, it will be because fines change from time to time not because the offence was different. Lately fines have been coming down, because MoJ and Police have woken up to the fact that demerits are a better stick than fines people can'/won't pay, and they're not about revenue. However Jazz will never believe that of course ;)
However as above, there is a defence if on the road for the purposes of obtaining a WoF. Whether on not parked on the road outside the garage is on the road for the purposes of obtaining a WoF is going to be up to the discretion of the council - only one way to find out. If you don't like their answer, defend it.
holden95,
Jul 24, 8:56pm
Hmmmm parking meter warden sounds as if this vehicle was actually parked at pay and display as well. garages have yards or parks for there customers vehicles or they do in every town i have ever lived in. Smells fishy
gedo1,
Jul 24, 9:10pm
Without knowing the exact wording in the issued infringement notice we cannot give an accurate answer to you.However I believe it would read something like "Failing to display a current license.etc". That is a catch all notice which covers just about any "registration" fault as used by Councils all over NZ and thus is correct even in your circumstances. I note you say you had a current WOF so as you say you can't use that as an excuse.It is likely the Parking Officer would have recorded that in the notes - as they do. The only defense you MAY have is that you delivered the vehicle on a trailer (not towed by a rope), or on a tow company flat deck truck, on to the repairer's premises and at some stage the repairer's staff shifted it into the road without your knowledge.Now to succeed with that you would have to prove you used a trailer etc and also get the repairer to write and admit they shifted it.But it didn't happen that way I suspect, so. write a letter and plead ignorance of the law and hope for sympathy from your council.You could let it go to court. but. you would be pleading for sympathy there even more so.
gedo1,
Jul 24, 9:16pm
Unfortunately for the poster it only has to be parked on a road or roadway, as well as public car-parks, for the Parking Officer to action as they did.Their warrant covers that.
Don't let the council bully you into thinking being parked outside a garage is not on the road for purposes of obtaining a WOF.
Its ESSENTIAL that this carry on where you are expected to beg and grovel for the right to go about your business in a fair and reasonable fashion is kicked to the curb. Otherwise we all suffer and things only get worse.
Remember, the Council work for YOU, they are supposed to make OUR lives easier, and we pay dearly for their services. They really have no business issuing fines for no WOF/REG anyway, and if they do they need to be fair.
People in this country are far too eager to behave like we are in some sort of dictatorship and shouldbe serving the beurocrats without question like we are some sort of Minion's.
splinter67,
Jul 25, 12:53am
Yes Jazz but it actually did have a warrant
thejazzpianoma,
Jul 25, 1:01am
Ahhh missed that bit. That will teach me for skim reading the thread. The waters do get muddied a bit there, unless of course the WOF had just been done. Its only fair and reasonable to have sufficient time to get a reg after obtaining a WOF.
thejazzpianoma,
Jul 25, 1:05am
That's actually not far from the truth. We are constantly bombarded with "tow the line" propaganda which ironically we pay for in the form of television programs and expensive commercials. Much of it is fed to us direct from the supposed news media.
People just don't seem to understand that its a lobster in the pot situation. We just get more stupid legislation and enforcement piled on us a little bit at a time so no one has anything too major to complain about at any one time.
For example, 15 years ago if the Police had decided to come out with this 1km/h speed tolerance BS their would have been public outrage. Now of course we are conditioned to accept this nonsense and so of course tow the line.
With the bad weather in the last few days I have seen incident after incident of atrociously bad driving (tailgating at speed in the rain, passing in grid lock traffic, passing on double yellow lines in near zero visibility, trying to do 100km/h in torrential rain with surface flooding and the list goes on.)
Yet I have seen absolutely ZERO Police measures to deal with these problems. However, as soon as the sun comes out the speed camera's and radar cars are straight back to sitting at the end of passing lanes and sitting at the bottom of hills.
Its pathetic, surely I am not the only one who want's safe roads with sensible Policing so I can get out and enjoy my motoring without it being spoiled by Police stupidity and poor driving from others who will never be caught.
Sorry to hijack the thread and take it on a tangent!
kiwitracy,
Jul 25, 1:06am
Try some of the garages in the cities, not all have the space for yards!Landlords have fully used up all the land with buildings!
splinter67,
Jul 25, 1:08am
Something not quit right about this story someone told me that the new law coming out is they are going to take your plates when you put it on hold will stop this happening in the future
thejazzpianoma,
Jul 25, 1:11am
+1 Worth a go.
thejazzpianoma,
Jul 25, 1:13am
No, this was confused by many. My understanding is they would take your plates if you were repeatedly caught driving with a reg on hold. I think you needed to be caught 3 times. Law is already in place (came in a while ago) unless there is a new one I don't know about.
Honestly. I think its much better to just get rid of continuous licensing and all the nonsense that goes with it. Sure it makes the country a bit more money but it does so by making many motoring enthusiasts lives a little bit harder.
thejazzpianoma,
Jul 25, 1:18am
Its nonsense, and no one seems to understand the true cost of absurd over regulation.
Some regulation is needed, however trying to cover your ass for every conceivable possibility is completely unaffordable and unworkable.
The irony in the building trade is that these new changes with licensed building practitioners do nothing to address the actual cause's of leaky homes. Yet everything to punish the home owner.
The result is that instead of being able to afford to fix leaking cladding the absurd costs mean homes will be left to rot because repairs are unaffordable. That or repairs will be done without consent and no regard at all to the code.
This sort of rubbish ruined industry and to some degree the economy in the U.S.A. I wish we would wake up and learn from it.
splinter67,
Jul 25, 1:20am
Not sure but I think its a new one apparently you will have to hand your plates in when you put it on hold and I agree with you the licensing laws are a joke so is the new ruc law but Im not going there
richardmayes,
Jul 25, 1:23am
Your rego is supposed to be *not on hold* when you're driving on the road.
I don't blame you for taking the gamble in the hope of saving some rego money, but on this occasion you got snapped so the gamble didn't pay off. Tuff luck.
thejazzpianoma,
Jul 25, 1:25am
Continued rant on a tangent from above.
People have no idea how much this nonsense costs us all. Indirect tax's in this country are huge. The amount of money we waste in pointless bureaucracy is eye watering.
However people don't seem to wake up, even when entire countries go under the people never really seem to grasp that this sort of stupidity is a key cause.
Nor do they grasp how prosperous we could be if we lived in a country with sensible levels of bureaucracy, efficient government departments and leaders that made wise decisions around what we spend money on.
richardmayes,
Jul 25, 1:27am
I guess the flipside of that is, in recent years there have been legal attempts to hold councils liable for fixup costs of leaky buildings they approved, etc.
If people are going to hold councils (ratepayers) liable for costs associated from faulty building work, then it seems reasonable that councils should get some say in how that building work is done, right!
superdave0_13,
Jul 25, 1:27am
Imagine the bill for that one. Especially if the snotty nosed 17 year old dyslexic apprentice is doing the work.
Parts Rebuilt 1987 Ford engine$1400.00 Manifold gasket$19.00 Oil filter$6.00 10W40 oil$45.00 Total parts$1470.00 Labour Remove and install engine$1000.00 Extras Write a letter to the council to let them know you're a silly prick but should be let off your fine.3hrs@ $70$210
Total labour$1210.00 Total parts$1470.00 Stationery and disbursements$10 GST [$2690 x 15 %]$423.50
Pay this amount$3113.50
HAVE A NICE DAY!
thejazzpianoma,
Jul 25, 1:38am
The Council has always had complete control over the building consent process. What they are doing is expunging themselves from all liability (by putting liability on the building contractor) yet you still have to pay for the building inspector as well.
There was nothing at all wrong with the original system we had before Rogernomics came along and pissed with everything. Look at how well built state houses and others of their time are.
richardmayes,
Jul 25, 1:41am
Councils are forced to carry out a building consents and licensing programme that Central Govt imposes.
thejazzpianoma,
Jul 25, 1:41am
Any just how many floors and driveways have failed under the old system! Would I be correct in saying almost none!
Its just the same as the road Policing, its WAY over the top on speed yet it dosn't really seem to be reducing the road toll at all. Meanwhile if you find your stolen car there are not even any resources to go and pick it up for you.
elect70,
Jul 25, 1:44am
As its revenue driven council ticketrfat chance .Still in thewrong as its for failing to display rego, not for not having rego as thatstraffic offence& if caught driving on hold its $200 +20 demerit p[oints .
pauldw,
Jul 25, 1:57am
When has the speed tolerance ever dropped below 4km/h! You at starting to run into detection equipment tolerances even at that.
What council insists on 10mm mesh! Standard 668/665 mesh is 4mm/5.3mm.
curlcrown,
Jul 25, 1:59am
The fine is not for not having a "rego" but for not displaying it. That's where they have got you.
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