OHTA.ca

Hi,

I got this ticket last year in toronto and received court date recently.

Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.

When I returned I saw the ticket and then noticed the fire hydrant and when I to the passenger side, noticed on the pedestrian walking area, someone has handwritten Fire-hydrant with an arrow pointing towards it. I can only assumed many people has done the same mistake and whoever felt the need to mark it on the street.

I took pictures of the area, the firehydrant in the bushes, the markings on the road including the handwritten one.

Now my questions:

1) It there are law that requires the car parking areas to be clearly marked?

2) There should be clear notices pointing towards the fire hydrant if it not obviously visible?

3) What other defence can I rely upon?

I court date is only a few days away....anyone with some suggestions?

thx

I believe most parking infractions are absolute liability offences. If it's an absolute liability offence, the Crown need only show that it was your vehicle parked in front of the hydrant. If it was a strict liability offence, you could argue that the hydrant wasn't visible and you made reasonable efforts to park legally, but I don't think that's the case. Unless someone can advise otherwise, I don't think there is much of a defence.

sroghen wrote:Hi,

I got this ticket last year in toronto and received court date recently.

Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.

When I returned I saw the ticket and then noticed the fire hydrant and when I to the passenger side, noticed on the pedestrian walking area, someone has handwritten Fire-hydrant with an arrow pointing towards it. I can only assumed many people has done the same mistake and whoever felt the need to mark it on the street.

I took pictures of the area, the firehydrant in the bushes, the markings on the road including the handwritten one.

Now my questions:

1) It there are law that requires the car parking areas to be clearly marked?

2) There should be clear notices pointing towards the fire hydrant if it not obviously visible?

3) What other defence can I rely upon?

1/ No

At the edge of the city there will be a sign (something like 2 hours max etc)

That covers the main rule.

After that sub by-laws for where, when, how long, you can, park.

2/ Yes

What use is a hydrant if you cannot see it?

3/ Go into court with your pics and tell them not guilty.

You will either be out of there in 5 minutes or they will make you wait until the end.

Most likely you could have had it dropped at the window where you applied for trial.

Cheers

Viper1

You are suggesting to show to the prosecutor the pictures before the trial starts and argue there were no visible signs pointing to the fire hydrant?

Do you know the statute/regulation that requires clear markings pointing towards the fire hydrant?

Thx

Maybe I misunderstood you?

If there a hydrant you should be able to see it.(I thought you said it is not visible?)

There is no sign needed unless it is behind a wall or some such thing.

Yes, show, the pictures to the crown.

And later to the judge if you need to.

Don't mention anything about sidewalk markings.

Luck

Viper1

correct the hydrant was not clearly visible as it is in the bushes. You can only see it if you park across it and turn you head around to see it.

Isnt there a law/by-law which states that the authorities should do everything possible to make the hydrant visible to drivers?