OHTA.ca

Hi All,

I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:

During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's visit, exams etc).

The restaurant was so busy that day and there was not parking space and plus there is not any handicap parking spot at all in front of the restaurant. I dropped off my father at the door of the restaurant and then had to drove my car to the other side of the plaza where walmart is and used the handicap parking spot there. Closed to the end of the diner, my parents mentioned they need some grocery so that I just went to walmart alone and bought them the grocery. when I was about to drive my car back to the other side of the mall, a police officer show up and asked me the permit. and I explained to him my parents were on the other side of the mall and they were waiting for me in the restaurant, but the officer said that 1)I was not with my father and I have to be with him in order to use the permit. 2) I was about to leave. then the officer gave me one parking ticket of 450$and a notice of the court summon that's coming. I felt so unfair and upset. Any suggestion on how to fight this or whether I should be fight this will be much appreciated.

(2) A disabled person parking permit issued to an individual is not valid when it is displayed on a vehicle if,

(a) the vehicle is not being used to pick up or transport the holder of the permit

Hi Bend, thanks for your reply. it sounds like the holder of the permit must be at the parking spot .

I thought it was ok to use the parking spot as far as my father was in the plaza and I used the permit to pick up him..Am i going to receive demerit points for this or just the fine?

Is there any way to reduce the fine?? I had no intention to use the permit for myself definitely and this is a very expensive lesson to learn.

stockt28 wrote: ↑Wed Sep 05, 2018 11:20 pm

it sounds like the holder of the permit must be at the parking spot .

The person must be with you. But whos to say you didnt leave him there to drive to McDonalds for a coffee then come back and re-park there?

I have Senior parents I live with. And this has happened to me once.

My Dad had an appointment, I went there with him. I went inside. I left to go to a Timmys while I waited. When I came back to pick him up, Yes I parked there

A parking ticket was left when I returned.

I had my dad come with me and talk to the Prosecutor at that time. So I did win but it was because my Dad was with me and he basically Testified that is the case.

thanks Admin.. Sounds like I have to take my father to testify.. I just feel so sorry for my old man as he will have to go thru this with me. it will be such a hassle for him as he's been living on the wheel chair and diaper. I took photos with my parents @ the restaurant and also have the receipts of the restaurant that day. I am not sure if his health condition will allow him to go to the court with me. and If he cannot make it , do you think the prosecutor will take the photos and receipt as evidence?

If you haven't yet requested your trial, bring a letter from your father explaining the situation, including the fact that the space in which you parked was the closest one available. The person at the ticket office may be able to cancel the ticket.

Zatota, thanks for the advice..

I just feel very uncomfortable with the officer. I explained to him at the scene and he is suppose to know the law better. There are many ways he could've used to verify what I said and he just didnot believe me , threw me the tickets and then moved on to the next driver.

The other thing I donot understand is that he asked for my phone # before I left. he looked very suspicious to me. I refused to give him the number and just said " see you in court".. I think I need to find out more details of what he put down on the charge..

I assume by now you've requested a trial. As soon as you have the trial date, request disclosure.

Thanks again Zatota.. they introduce a new process in TORONTO for dispute

Not sure about the new process and will try to request disclosure.

You're right. Because it's a parking ticket, you won't get disclosure. But you can explain the situation and see what the reviewer says. If you're not happy, you can request a second review.

the reviewer said the same thing: my father must be with me at that spot.. not sure if I should request for the second round of review and also if I will get a summon..

If you can even get a signed letter from your Dad, try to fight it upto: https://www.toronto.ca/services-payment ... y-tribual/

At most you lose your money.

Thanks for the suggestion. Admin.. I had my father's letter with me for the first review. Apparently, the reviewer didnot even look at it as the argument is about whether my dad should be at the spot.. I made it clear to the reviewer that there are many situations such as dropping him off, picking him up and waiting for him etc that I can not be with him all the times. what do you think my chance to win with the second round of review??

Personally I would take the chance for round two, I assume its free and the most you would end up with having to pay the ticket?

I also think that by not allowing someone to not leave a parking spot and risk a FINE, could be Unconstitutional in some way..Dont laugh..Now by far I am not in any way knowledgeable in that field, so this is just my opinion, I feel that it seems like a very rough stance and seems like a Detention. I would try to argue it seems like Detention because it is something that Forces me against being free to make Reasonable choice at Will. Such as leaving to go where I want on demand without worrying about arbitrary consequences.