Free advice being worth what you pay for it...

**pritch** · 11th June 2009, 08:52

The local council along with others has an income source from ticketing cars not only for parking infringements, but if appropriate also for expired WoF and Rego.

A woman I work with received a ticket for one of the latter infringements. She was not in breach of any parking by-laws, her offence was only the expired WoF or Rego.

I don't know where the idea originated, but she wrote to the council telling them that once the meter warden had established that the car was legally parked the warden had no right to any further interest in the car, and consequently was in breach of the Privacy Act.

In due course she received a letter telling her that the council would not be pursuing the matter further.

More recently another woman in the office had a similar ticket, again no parking breach, simply expired Rego. Having heard the story about the first woman she wrote a letter claiming that the ticket was a breach of the Privacy Act. She too has now received a reply telling her the matter has been dropped.

YMMV but it has to be worth a punt. Of course it would be preferable if y'all had WoF and Rego up to date but...

**h20boy** · 11th June 2009, 15:59

Originally Posted by pritch

The local council along with others has an income source from ticketing cars not only for parking infringements, but if appropriate also for expired WoF and Rego.

A woman I work with received a ticket for one of the latter infringements. She was not in breach of any parking by-laws, her offence was only the expired WoF or Rego.

I don't know where the idea originated, but she wrote to the council telling them that once the meter warden had established that the car was legally parked the warden had no right to any further interest in the car, and consequently was in breach of the Privacy Act.

In due course she received a letter telling her that the council would not be pursuing the matter further.

More recently another woman in the office had a similar ticket, again no parking breach, simply expired Rego. Having heard the story about the first woman she wrote a letter claiming that the ticket was a breach of the Privacy Act. She too has now received a reply telling her the matter has been dropped.

YMMV but it has to be worth a punt. Of course it would be preferable if y'all had WoF and Rego up to date but...

Heres an interesting bit of info for you...Auckland City Council has received in excess of $4 000 000 in the last 2 years for bus lane infringements...BUS LANE INFRINGEMENTS ALONE!

**jaykay** · 11th June 2009, 16:07

An interesting angle that I hadn't considered - I find it quite disturbing that a council employee can "fine" you for no WOF or rego - and then the council keep most of the money. At least there is a pretence with parking fines to keep spaces available or the traffic flowing.

Fortunately in any event it would appear that ALL council Reminder Notices are invalid. Christchurch Reminder Notices (and I would suspect other areas) have recently reworded the rear of the notices as a direct result of a High Court Case of mine, however the front is still wrong - in law these Reminders Notices are toilet paper.

I replied to a recent Christchurch one recently like this:

"A piece of paper purporting to be a reminder notice was received at the above address on xx/xx/xxxx. This piece of paper is prejudicial and does not compy with the section 21 of the Summary Proceedings Act 1957, until such time that it does comply a hearing is requested"

Coincidence or not the council replied saying there were irregularities on the parking attendants notes and they would not be pursuing it - as the council have wasted money in trying to justify their own shortcomings as a result of a number of encounters with me it is possible they saw my name and decided to drop it.

Fifty two years the summary proccedings act has been in force, and still councils can't get it right. At present I don't want to spell out exactly why the notices are wrong in law as it is quite useful (and the glaring mistake could be corrected within seconds) - in the meantime every pretend Reminder Notice filed in court as an unpaid fine is obtaining money by deception (amongst other things) - it may make the news at some point.

BTW the Police Reminder Notices are correct on the front, but are still incorrect on the back despite being told to sort it out by a High Court judge. And the other bit of good news is that the whole fines system seems to be experiencing problems - time delay problems. A number of us here in Christchurch have been waiting over two years for the courts to do something, when they finally do it's all back to square one with a Form 57.

**p.dath** · 11th June 2009, 17:34

What, your going to tell us about a gem like this, and then not tell us the gem. Doh.

**jono035** · 11th June 2009, 19:32

I had a parking ticket 2 months ago like that, $8 for <15 mins overdue parking on princes street and $200 for failing to display a valid vehicle registration. Filled out the form basically saying honest mistake, bought a new rego online as soon as I got home and that I expected that this would be the end of it due to the fact that 1) you can't dodge the rego payments without specifically putting the rego on hold, you just have to back-pay, 2) it is a tax issue, not a safety issue and 3) it's nothing to do with them anyway.

Got a letter back saying 'This is an offence under the Transport (Vehicle and Driver Registration and Licensing) Act 1986' and that they had decided to magnanimously let me off treating the current ticket 'as a warning'. 'Should infringement notices be issued for the same offence in the future, payment will be required.'

It would be interesting to get a bit more info one whether they can actually do this.

As for the whole bus lane thing, I got one of those the other day while turning left in a completely empty (no buses anywhere in sight) bus lane. Went back and measured it from where I thought I had pulled out and it was about 75m. Given that it is a judgement call (who can really judge 50m all that accurately when travelling in a car anyway, I measured it out with the trip counter and it's bloody short) I don't see why they can't warn people the first time they do it, small fine 2nd time, big fine 3rd time... Would seem to be the way to do it if you were actually trying to stop people from driving in bus lanes as opposed to finding a way to fund overseas junkets and stupid pedestrian bridges to nowhere.

Edit - Also had another one for parking in a tournament car park while picking something up, came back about 2 mins later to find a parking warden there, car-park was empty so ran up and said hey, sorry mate, was just here for a second while I picked something up, woulda taken me longer to grab a ticket than I was going to be parked for... He just smiled and waved me on while walking off... Thought wow, what a nice parking warden, better than the usual lot... Got the $40 fine in the mail a few days later... Don't trust the bastards as far as you can throw them...

**ynot slow** · 11th June 2009, 21:06

Originally Posted by jono035

Edit - Also had another one for parking in a tournament car park while picking something up, came back about 2 mins later to find a parking warden there, car-park was empty so ran up and said hey, sorry mate, was just here for a second while I picked something up, woulda taken me longer to grab a ticket than I was going to be parked for... He just smiled and waved me on while walking off... Thought wow, what a nice parking warden, better than the usual lot... Got the $40 fine in the mail a few days later... Don't trust the bastards as far as you can throw them...

Similar to me as well,pulled up to pay my parking fine at council building,no problem about a park,wife in the car anyway,couldn't be bothered paying meter,anyway had just vacated a park around the square early(by 10 minutes minimum)paid fine,paid for rubbish bags,and updated address for dog rego,was about to enter car as meter guy walked up to car,gave friendly wave and said to me lucky chuckling away,yep I said thanks mate.Said to him about leaving other parking space early and not being able to take docket along,as it said different street,he agreed time limit paid for should be anywhere in city,not just where meter is located,and advised to try it if caught.I said I did at times leave docket from another street on dash if time still to go on it,i.e leave xyz st at 1.30pm,ticket valid till 2.00pm and park in zyx st with remaining time.

**jono035** · 11th June 2009, 21:23

Yeah, thats pretty good but I bet you've gotta get a warden who isn't an uptight little prig. Knowing my luck over the past few months I'll do that and get a fine anyway...

**puddytat** · 11th June 2009, 21:40

WE had a cop drive into our carpark at work today, where there was "A" car parked...mine. He walked into the office & asked "who's that car ?" Mine I replied. " Oh I thought it was a wreck that'd been dumped"...."Did you notice the warrants expired?" Yup I says, but the other cars in getting a warrant as we speak,will get one next week... "Oh thats o.k then" smiles & leaves...
I shit you not.

**jono035** · 11th June 2009, 21:46

Yeah, I haven't heard too many stories about cops being pricks over wofs really... odd.

**Bruiser** · 13th June 2009, 00:17

Parked my Jag in New Lynn behind Post Orifice to get it registered (was a week out of date but hadn't been out to get it done in time).

After doing the reg and clearing my postbox I went across the road for a squiz around the shops for an hour then returned to find a council ticket on the car for no reg - $200, thank you very much.

Except that my new reg (not yet on the car) was timed as being paid at 1:29pm and their ticket was timed at 2:20pm, an hour after my car was legal.

Sent in copies of both ticket and time/dated reciept of reg with a note and got a reply from council that the warden was in their right to ticket the car as the reg was out of date, however since I was able to prove I'd paid the reg before the ticket was produced they would let it slide.

And of course the had to add a little note at the end that any future out-of-date wof and reg tickets would incur fines where ticketed.

Can't lose em all!

**gwigs** · 13th June 2009, 08:56

Originally Posted by Bruiser

Parked my Jag in New Lynn behind Post Orifice to get it registered (was a week out of date but hadn't been out to get it done in time).

After doing the reg and clearing my postbox I went across the road for a squiz around the shops for an hour then returned to find a council ticket on the car for no reg - $200, thank you very much.

Except that my new reg (not yet on the car) was timed as being paid at 1:29pm and their ticket was timed at 2:20pm, an hour after my car was legal.

Sent in copies of both ticket and time/dated reciept of reg with a note and got a reply from council that the warden was in their right to ticket the car as the reg was out of date, however since I was able to prove I'd paid the reg before the ticket was produced they would let it slide.

And of course the had to add a little note at the end that any future out-of-date wof and reg tickets would incur fines where ticketed.

Can't lose em all!

I think you will find that the offence is for failing to display your rego
not faiure to have rego?

**Bruiser** · 13th June 2009, 09:01

Why did they decide to cancel the ticket?

Perhaps the council have a heart?

**Mom** · 13th June 2009, 09:15

True story this. I do some hours at our local council funded I-site. It is actually in the council building and has a small private carpark behind it for staff cars. I-site gets one vehicle park in there.

A few weeks ago the council, Mayor, a couple of councilors and some council staff, and I-site had a meeting at a local hall. A bit of morning tea was purchased and from all accounts the meeting went well. One of the Board members at the end of the meeting, gathered up all the left overs and put them in his car to take down to the office for the volunteers to enjoy.

He drove in around the back and stopped in the car park, he did not actually park mind you. The back of the building is all glass so the car park is in full view. He got out of his car, opened the boot and took out the food. He went into the I-site dropped the food off, got back into his car and drove home.

A week later he opens his mail to find two parking tickets from the council in his mail. Two mind you, complete with printed colour copies of his car stopped in the car park. One of these tickets was for not parking in a designated car park, the fine $35. The other, and this is the kicker, was for inconsiderate parking! The fine attached $65. The parking warden works in the council building too and would have seen him stop to drop the food. he did not even turn his engine off. She went out the front of the building, walked around the side and took a couple of sneaky pics of his car and then went back to her office to produce the revenue gathering paper work.

He gave these tickets to our local councillor to fix up as he was very indignant about the whole thing. Council dropped the inconsiderate charge to him, but he had to pay the actual parking ticket.

Crazy times we live in.