Ticketing of Bikes - Footpath and Wof/Rego tickets

**crashe** · 10th December 2007, 15:36

Originally Posted by Ixion

Supportive as ever of democracy (NOT !) the ACC have left it till the last minute to advise a dtae and time. But they have.

This Thursday , 13th Dec at Meeting Room, Level 15, Civic Building, 1 Greys Avenue, Auckland on Thursday, 13 December 2007 at 12.30pm.

Anyone who can come along, please do. Free parking in the Aotea car park building.

Les

cool.......

Hope they wont mind us all trooping throu on their nice carpet, all dripping wet from the rain.....

**ElCoyote** · 10th December 2007, 18:03

Originally Posted by klyong82

Man .....the wardens are been hard ... but seriously that bike was not obstructing the footpath. What is the fault? Parking at non designated vehicle parking ?

Get real.......how can Jeanette Fitzsimmons hug the tree with a stinking bike there.

**rainman** · 10th December 2007, 18:14

Originally Posted by Ixion

...
This Thursday , 13th Dec at Meeting Room, Level 15, Civic Building, 1 Greys Avenue, Auckland on Thursday, 13 December 2007 at 12.30pm.
...

Bugger. I'll be in Sydney. Give em heaps!

**Toaster** · 10th December 2007, 18:18

I can't be there but you can pass on my raised middle finger though.

**motorbyclist** · 30th January 2008, 14:56

ok, so a few weeks ago i got a letter dated 11th january telling me they will cancel all those tickets, but i should consider them warnings....

note this is after several other letters telling me how i've got (or had) 28 days to pay or they'll take me to court.

nice to see they don't put a hold on debt collection while the ticket is under review, and they are so speedy in their review that it only took a few months to get back to me, with no indication whatsoever they had even recieved my letter(s) while they got round to sending their pre-prepared "insert name here" letter

either they only have one guy looking at these things in his spare time, or they think by waiting a few months before replying they might get the "offender" to pay

gotta love beurocracy

**Phurrball** · 31st January 2008, 12:46

My little gem from orificer 71 got sent to court (+ add $30 to the $200), after NO reply to my letter.

Lucky I know what to do, and fired it straight back to Auck parking services via a statutory declatation to correct an irregularity in procedings:

ie that the bastiges didn't even have the decency to reply to my carefully worded and polite letter which included photos showing the WOF attached to the bike.

If they dick me around any more I shall be charging them for my time.

**Ixion** · 12th February 2008, 17:09

Latest update
http://www.kiwibiker.co.nz/forums/sh...86#post1423486

**Phurrball** · 13th February 2008, 10:44

Righto, as above - the statutory declaration made its way through the system, and the council (stationary vehicle prosecutions officer or some such...) actually READ my letter, and *shock, horror!* REPLIED.

I got off the ticket with the usual stern intonations about WOFs being readily visible, the piffle about it being standard policy to issue tickets in such circumstances, and 'I have spoken to the officer and their supervisor'. Tui ad?

Sounds like arse covering for officer 71 to me.

Very disturbed that they didn't bother to reply until the alleged infringer showed they knew what they were doing as opposed to being intimidated by a court letter into paying. Smacks of procedural unfairness/denial of natural justice to me = breach of s27(1) of NZ Bill of RIghts Act 1990. When I have time I may point this out in writing to the appropriate authorities and to the council transport subcommittee.

**Steam** · 13th February 2008, 11:13

Originally Posted by Phurrball

... and fired it straight back to Auck parking services via a statutory declatation to correct an irregularity in procedings:

ie that the bastiges didn't even have the decency to reply to my carefully worded and polite letter which included photos showing the WOF attached to the bike.

What's a statutory declatation to correct an irregularity in procedings, and when can I use it? Do you have to put it on a form or use legal language or something? Interesting.

**Phurrball** · 13th February 2008, 11:42

Originally Posted by Steam

What's a statutory declatation to correct an irregularity in procedings, and when can I use it? Do you have to put it on a form or use legal language or something? Interesting.

You need to have certain grounds to make the declaration - they are listed on the form. The form is available at district courts. Not at home now, so can't look at my copy - I think I relied on procedural irregularity. Needs to be on official form - essentially tick the boxes, fill out your reasons for making the application.

(Note - if the orificer gets your name, address, DOB etc slightly wrong, it won't get you off any ticket - there is power to ammend informations in teh Summary Procedings act)

**Ixion** · 13th February 2008, 11:57

Is this Section 78B of the Summary Proceedings Act, 1957:
Power to Correct Irregularities in Proceedings for Infringement Offences: ?

(1) This section applies if a defendant is deemed to have been ordered, or is ordered, to pay a fine or costs or both under section 21 and--

(a) a District Court Judge or Registrar, on the application of the defendant, is satisfied, whether on the basis of a statutory declaration or evidence given before the Judge, that--

(i) the defendant is not a person to whom the infringement notice was issued or on whom the notice is deemed to have been served; or
(ii) the defendant did not in fact receive the reminder notice, or a copy of the notice of hearing, required to have been served on the defendant under section 21; or
(iii) some other irregularity occurred in the procedures leading up to the order for the fine or costs, or both; or
(iv) the defendant believed on reasonable grounds that he or she had requested a hearing under section 21, but this request was not acted on by the informant; or

lots more stuff

**Ixion** · 13th February 2008, 12:03

It's Form 57, apparently. Supposed to be available online, but isn't. So you'd need to go to the District Court to get a copy. Probably not a biggie since you'd need to go there anyway to make the declaration, unless you have a tame JP living behind your kitchen skirting board.

**Phurrball** · 6th March 2008, 12:22

Hi all -

Following my partner mentioning some of my concerns to AUSA pres, David Do, I received the following email:

Hi Ross,

I was approached by Ingrid about some parking issues you were
experiencing around the University - specifically parking officer 88,
the level of fines, and the timing issues as related to lectures.

I'm writing to learn more in depth about what sort of issues you two
have encountered. I will be writing about what she outlined to me in
my column in Craccum next week, seeking more student feedback on this
issue. I also have a meeting with mayor John Banks in about two weeks
so I can raise some of your concerns in outline to him too. I also
understand you were keen to write something into Craccum about your
experiences as well?

--
Yours Sincerely,
David Do

Anyone keen to have anything mentioned?

PM me.

David seems genuinely concerned about parking on campus, and willing to front up to those in Positions of Power.

The last bit is very dependant on time availability - I ain't promising the earth, but I am in a good position to do research into the matter since I'm nearly at the end of my LLB. Was thinking about putting a request in Craccum for parking horror stories by way of research. I don't think my experiences are isolated, and I'm officially Rather Aggravated now after my latest incident with officer 88.

Nothing like a bit of negative publicity to scare the bureaucrats into action eh?

Ross