OHTA.ca

Hello,

I have a court date on Tuesday to fight a parking ticket. The ticket was for parking where prohibited by sign. Which under normal circumstances would be correct, however because of a construction permit parking, the parking was shifted from one side of the street to the other. A temporary sign was placed on each side of the road to designate the new parking area's.

The problem, the sign in front of my car fell down after I parked overnight. It was a temporary sign, so it's easy an easy thing to occur.

I went to my first appearance, and the person I spoke to said the best he could do was reduce it. I don't feel I should have to pay a penny given I followed all the proper procedures, including getting a permit to park overnight and specifically asking the representative where to park.

Attached are two photos of the sign that fell if it helps.

I guess my question is, I have a video showing what happened to the sign. When I went to park the previous night, the sign was up. In the morning it was on the floor. The person issuing the ticket would have seen the sign, so I have no idea why they issued the ticket - well I do I've been trying to be a less cynical person.

Do I have any chance of mounting a defense here?

The knocked down sign allows parking to the right of it. There is another sign closer to the stop sign, maybe the officer was going by that. Did anyone else get a ticket? Either way with the photo evidence and a story saying you parked to the right of the sign and it was visible when you parked, I believe you should be able to create enough reasonable doubt to beat the ticket.

ynotp wrote:The knocked down sign allows parking to the right of it. There is another sign closer to the stop sign, maybe the officer was going by that. Did anyone else get a ticket? Either way with the photo evidence and a story saying you parked to the right of the sign and it was visible when you parked, I believe you should be able to create enough reasonable doubt to beat the ticket.

Yes you're likely correct, he may be going by that sign. They would have had to almost stand on top of sign on the road to have put the ticket on my window though, so either intentionally ignored it or have no business being in parking enforcement.

There was not enough room for anyone else to park, because it was a small portion of the street that was sent to the other side to park. The remainder of the street was kept to the usual side.

Well talked to the town prosecutor today who gave me an sanctimonious spiel about Absolute Liability yet again - he did this on the first appearance too. He basically said my video evidence helps him, and that anyone could have put that sign on the floor. He said because its absolute liability that the burden of proof lies on me to somehow prove this sign was up when I parked. Without a time machine that's impossible. All I have is a video survey of the area coupled with e-mail from the Town of Oakville stating that the parking would be switched to the opposite side.

Add to that I have no idea how to submit video evidence in way that will be accepted, and this entire process of trying to defend an error that the Township made is absolutely ridiculous. What is being done here in my opinion borders on extortion.