OHTA.ca

Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.

I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking limit on the opposite side of the street.

While I do have a monthly parking spot a couple of blocks away, here is the scenario:

I am often sent out of the office for 10 mins to up to a few hours to pick up materials, drawings, etc, etc. As a result, I park my car in the 2 hour parking in order to off-load, etc. Sometimes I make several trips throughout the day.

I am being issued tickets because at say 9:47am the parking police have noted my plate # and photographed my license plate. A few hours later (say 12:30pm) they have done the same "walk" and ticketed any vehicles that are parked on the side of the street which were noted as being there at 9:47am.

Now, during the time from 9:47am to 12:30pm I could have left the office and returned a dozen times....however, I have not been in the parking spot for 2 hours - they are "assuming" I have been because my car was there at both those time periods.

Exactly how can the City prove that the car has been there more than the two hour limit simply by documenting a time and plate number? I mean, unless they actually WATCH the car for two hours they can't 100% state that it was actually parked two hours. And in my case, I may be parked two hours THROUGHOUT the day, however, my car is rarely there for more than 30mins to 60mins depending on off-load time, etc etc etc.

Across the street the construction workers are parking trucks anywhere and everywhere. On sidewalks, half hanging off sidewalks, motorcycles are even being parked on the property between the window and the sidewalks. Some of the motorcycles being parked there don't even belong to anyone on site, but rather other workers throughout the core as they have noticed the "free parking" available for those that drive two wheels. As the city has closed this sidewalk for construction, parking people tell me that this situation is fine - the road itself has not been closed.

I've discussed the situation with parking authorities to no avail. I have attempted to challenge the tickets in court, but the city returned them stating that I hadn't filed the challenge in time. All the parking authorities did was advise me to get a monthly spot - which I already have - but I find it unreasonable and ridiculous to have to constantly walk 3 blocks to and from my car with materials, etc - again I've told this to the parking authorities.

So, how do these municipalities defend the tickets issued when there is no definitive proof?

Youd have to check the actual bylaw section that you were charged under. Im not familiar with Kitcheners, but some city bylaws state not to park or repark within a period of X hours, so they cover vehicles that may leave and return.

If not, you could probably successfully fight the ticket in Court. Of course whether its worth spending a day in Court over is another matter.

But again - how do they prove that the vehicle has been continuously parked for any stretch of time? No reparking bylaw exists, however, it doesn't change the fact that because a car is here now and 2 hours from now doesn't mean it was there the whole 2 hours?

They cant say with absolute certainty, but that isnt the standard required for Court. They could probably articulate reasonable grounds to believe the vehicle was there for the entire time, based on seeing it in the same location at two separate times. Its unfortunate in your case if that isnt what happened, but I dont see any way to dispute it other than going to Court.

Edit: A quick look at the City's bylaw page does show reparking regulations, but I don't know if they'd apply in the area where you were charged.

There is a good chance they have marked your tire with chalk. That is what they do here and it is accepted practice. The chalk mark is usually on the tread and is hard to see if you are not looking for it. It is not something you will just notice.

OPS

Actually, the OP said they photographed his vehicle. Many municipalities now have handheld electronic ticketing machines. They enter the plate into the device, photograph the vehicle and it prints out a ticket. The devices also store when/where the plate was last entered to determine if the vehicle is over the limit.

I know the photograph does not prove the vehicle has not been moved in the last two or three hours. I am guessing that there was a chalk mark used as well.

Only full disclosure will tell, Or a court challenge.

OPS