OHTA.ca

Hi,

I have a friend who just got nailed for a $250 parking ticket is his apartment semi-circular private driveway.

He says he never normally parks there, thought people use this spot for loading/unloading groceries and moving etc.

He said he stopped this time because he was feeling sick (imminently) and this location was much closer to the elevator to his apartment than his parking spot.

He was apparently gone about 20 minutes.

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He wants to dispute it based on extenuating circumstances. He's only ever fought one ticket many years ago.

Thoughts on that?

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Second, when he told me this, I looked up his apartment in the City of Toronto by-law. Schedule A

The property is NOT listed.

My reading of the by-law is that even if the designation was under a pre-amalgamation by law, the location SHALL (must) be listed in schedule A.

I told him he'd be better off challenging the ticket on the basis that this location is NOT designated a Fire Route

Thoughts?

KevinTO wrote:He wants to dispute it based on extenuating circumstances. He's only ever fought one ticket many years ago.

Thoughts on that?

There's the type of situation where medical assistance is required and the type where you don't want to walk an additional 50 feet. One they'd take into consideration, the other will most likely go in one ear and out the other. Maybe some kind of resolution can be made, but I wouldn't depend on that argument as a defense during trial.

I can't speak to the medical piece, but assuming what you checked is current, I would challenge the legality of the Fire Route.

I think challenging the legality of the fire route is probably the best way to go as well. Since parking tickets aren't heard in traffic court anymore, your friend will have to make their case in writing to a city appointed screening officer. When writing the letter your friend should explain why they believe the fire rout is not valid and maybe attach a copy of the bylaw. Also I'm not sure how much legal training these screening officers get, so in the letter your friend should make sure to walk them step by step through his argument, don't assume the person reading the letter knows anything about the law.