On friday I got the inevitable parking ticket and rubbed my hands with glee, until I read that it was not what I expected it to be. Here is the situation. There is an old space allocated for a vehicle entrance which no longer exists, its a bit hard to drive through a shop window. The council has neglected to address the situation and has left the space for about a year. There is no signage or markings to suggest that the area is not available for parking, and there is no meter or time restriction present so by default it is an all-day park.
I expected to be ticketed for parking over a vehicle entrance, that would have been a simple and easy fight. Instead the parking warden knew that it wasnt a vehicle entrance so ticketed me for 'not parking entirely in marked area', although I was correctly parked between all the lines which marked out the area.
Anyway I have submitted my argument along with photos of the car at the time of ticketing. I have argued that yes the car was correctly parked, safely and considerately between the front and rear lines, and within the width restriction and 2) the space was not marked as not available for parking in any way shape or form.
They should have gotten back to me by monday so Ill post up how I got on. We should have a sweepstake for how long it will take them to either put a meter up or (more wastefully) mark it as not available for parking in. I think three weeks and they will mark it not available for parking.
Maybe he's one of the people you highbeamed with your dodgy lights, karma lol. The whole street is probably designated as a 'pay parking area' in the appropiate office records. You might be lucky though like those yellow lines that had been painted somewhere without council authorisation. But legally still appears to be a vehicle entranceway, service vehicles might still use the ramp etc. Whats the ticket worth, probably a lot cheaper than legal costs even if you win plys time etc.
morrisman1,
Oct 2, 6:05am
I looked up the definition of a vehicle entrance and this does not meet requirements as there is nowhere for a vehicle to enter, back up to or service.
I have no issues taking it further, to court even, but I dont think I will need to
scuba,
Oct 2, 6:26am
what ramp! only way would to use the ramp would be to illegally park on the footpath. I'm surprised they didn't whack in a parking meter while you were gone and nail you forexceeded time limit.
1ollie,
Oct 2, 6:35am
Haha that is awesome man! so something I would also do lol cant wait to hear the outcome!
purple666,
Oct 2, 7:04am
If it goes to court then defend yourself, Judge's hate being dicked around by councils and coppers that don't use common sense. It will only cost you a bit of time. Good Luck
bashfulbro,
Oct 2, 7:41am
good on you, that is pathetic time wasting,and any judge should see that.
mantagsi,
Oct 2, 7:44am
Interesting - if they ticket you another five or so times they should have about enough to bang in a parking meter there to solve the issue from thereon in :D All sillyness aside, good luck. I see your point but I feel your chances of getting away with it might be a tad on the slim side, but I certainly hope you do manage to get it sorted in your favour :)
xs1100,
Oct 2, 7:45am
and with the savings buy some carwash and a brush from repco LOL
carstauranga001,
Oct 2, 7:54am
Being it that you are in Invercargill I'm not sure if this could help should you end up in court but shows how council can use rules to their advantage. I have had no hesitation to park anywhere without signs since this artical and would certainly use it to defend such at ticket here.
Back a few years ago when I was still school, I would see the parking wardens patrolling around the school at peak times. they had a car, and a camera and a notepad. If they saw an offender they would stop in the middle of the road, no hazzard lights, stopped in the middle of a very busy road so that they could catch what would often be a minor offence like stopping on the area of broken yellow lines that really shouldn't have been there at all. They created far more disruption and danger themselves than what the 'offender's would ever do.
morrisman1,
Oct 2, 8:03am
When I handed in my form to the council the lady said that if the fine gets waived then they dont send you anything, how rude. Ill be ringing up and asking for a confirmation letter to be sent regardless of outcome so that I have proof they have waived it.
eagles9999,
Oct 2, 8:04am
I doubt that you will get any sympathy from the judge as they will go by the actual wording on the ticket and you will lose.big time and it will cost you an extra $30 court costs. keep us informed
pauldw,
Oct 2, 8:11am
Enforcement officers or parking wardens have specific exemptions from the rules that the rest of us have to follow. They didn't need to prove that anyone could park there.
snoopy221,
Oct 2, 8:16am
Good photo. It puts the ball in. However a photo from the other side of the road. Showing the actual defining 2 lines at 90 degrees would put the ball out. ticketed me for 'not parking entirely in marked area', Anyway I have submitted my argument along with photos of the car at the time of ticketing. I have argued that yes the car was correctly parked, safely and considerately between the front and rear lines, and within the width restriction and 2) the space was not marked as not available for parking in any way shape or form.
By default with the lack of the width restricition lines defining it as a park it is not a park.
carstauranga001,
Oct 2, 8:20am
Council admitted it was not illegal to park behind bollards as there was no sign saying "No Parking". Therefore you can park there.
cowlover,
Oct 2, 9:48am
Send Official Information request to council requesting copy of appropriate bylaws and survey plans which define the parking area.of the entire street.The Council will have all that somewhere and they wont like having to produce it.They wil also get the hint that this matter is not just going to "go away"
Keep us informed
socram,
Oct 2, 10:01am
Best of luck morrisman.I'd fight it too.Parking restrictions should be clearly marked, therefore by default, no signage to the contrary means parking is allowed.It is as simple as that.
gedo1,
Oct 2, 4:04pm
Cowlover has the right course of action. do that.Also contact the mayor direct and raise it to that level.
klrider,
Oct 2, 7:03pm
Good luck, hope you get off.
pauldw,
Oct 2, 7:26pm
"driveway means a place used or appearing to be used as a vehicle entrance to or exit from land fronting a roadway"
I suppose it would depend on whether just the road crossing is enough for the "appearing to be used" to apply.
mrfxit,
Oct 2, 8:46pm
Ask for full documentation ofthe regs/laws concerned + add the above news item in print & the web link as part of your defence. The council will probably argue that it's NOT their physical area of governance & doesn't apply but it should be able to be used as legal example of NZ council bylaws. It's even possible it's a Transit NZ bylaw reg
mrfxit,
Oct 2, 8:50pm
Re, the line markings, Were they just s straight line (in line) with the road or a squared off end bracket "L" with no continuation line following on. ********** Might help with a Google maps photo shot of the site in question from the other side of the road.clearly showing the 3 parking bay markings
bashfulbro,
Oct 3, 2:22am
around Eden Park, they put no parking signs up for rugby games, and then put parking tickets on vehicles that were there before the signs go up.
gedo1,
Oct 3, 5:39am
Bear with me as this is going to be a bit long-winded.and please accept that I do know what I am talking about.From looking at your picture I can see lines that (apparently) define those spaces in front of and back of that particular space you were in.I am prepared to bet that these two lines are L shaped rather than T shaped.This implies that the lines refer only to those two spaces. The part of the line (whether T or L shaped) that is parallel to the footpath indicates the outer part of any parking space. (Hope that makes sense!)Now, the ticket says'not parking entirely in marked area'Since if there is only a line at the back and the front of "your" space you were clearly parked within the marked area in terms of the front and back of your car and that is indisputable.If there are no lines to indicate the outer part of "your" space, then, in theory you could have parked anything up to about 800 mm from the passenger side of your car and the kerb, or marked definition of the footpath. (Most Parking wardens use 1 metre as the determination of being parked too far form the kerb, but I am not suggesting anyone should park more than maybe 200mm!LOL)Since (as you say) this seeming vehicle entrance leads nowhere on the inner side of the footpath and cannot be seen to be clearly used as a vehicle entrance it does NOT fit the definition of a vehicle entrance.But they are not ticketing you for parking over an entrance. I think they are using the absence of those outer parallel lines as justification and that is bureaucratic stupidity.If it went to court you would win.Take it up with your mayor.
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