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425 posts

Ultimate Geek


# 171619 25-Apr-2015 12:33
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I'm quite interested to see if anyone's experienced a situation like the one we experienced last year. Our office is in the middle of an industrial area and therefore contains a large amount of loading zones. Each time we load a vehicle from our office, we do so in a loading zone (marked aptly with a five minute time restriction).

Last year we received a $30 infringement for parking in said loading zone. The car was not parked at all, and was being loaded with equipment during the period the car was parked in the zone. We have video footage of a parking warden waiting for 5 minutes and 3 seconds before ticketing the car (or by the actual ticket issue time, 4 minutes and 43 seconds).

We disputed this fine by sending a letter to Auckland Transport explaining this and they responded by sending back an image of the boot of the car being closed as a staff member went back inside for more equipment. We sent back a letter offering to provide the video footage of the loading occurring and providing the reasoning that the boot was closed between each load due to the equipment value, after which we got no response. The next letter was from Baycorp, and in calls to them, they advised that they understood this and would send the fine back to Auckland Transport. We requested their permission to record these calls to which they accepted.

Nothing happened for a few months and we got a notice of a court fine, to which we disputed and were advised that our video evidence was not appropriate evidence, nor were our phone calls with Baycorp. Despite having clear proof that we were using the zone for intended purposes, they would not look at the evidence, and instead ruled that the fine was valid.

Is there anyone further that can look at this obvious evidence, or despite the clear innocence, do we have to plead guilty and pay the fine?





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  # 1291282 25-Apr-2015 12:40
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How the heck can your video evidence not be appropriate?  Sheesh.




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  # 1291284 25-Apr-2015 12:52
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It's like the rules for the America's Cup - you are not allowed to win  wink




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Ultimate Geek


  # 1291286 25-Apr-2015 13:04
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Fair Go would be interested, post about it on their FB wall

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  # 1291288 25-Apr-2015 13:10
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I don't get it... You admit you were parked in the LZ (clearly marked as 5 minutes only) for more than 5 minutes, and now you think you it's unfair that you should pay the fine.

Why is it unfair? If its not unfair, why don't you just pay the fine and move on?




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Ultimate Geek


  # 1291290 25-Apr-2015 13:15
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It would have worked out to all of 5 minutes, 30 seconds or possibly even 6 minutes, but that's not really the point as the fine was actually issued before that 5 minutes, and even if it wasn't, surely a 30-60 second leeway would be understandable to get back to the car, given this is a multi-story building.

I can understand a fine for parking for 10 minutes+, but when the zone is used for it's actual purpose, surely this is slightly unfair?





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Master Geek


  # 1291293 25-Apr-2015 13:27
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frankv: I don't get it... You admit you were parked in the LZ (clearly marked as 5 minutes only) for more than 5 minutes, and now you think you it's unfair that you should pay the fine.

Why is it unfair? If its not unfair, why don't you just pay the fine and move on?



the 5 minutes means you can't leave it unattended for more than 5 minutes. You can be there for longer.
http://www.nzta.govt.nz/resources/roadcode/about-driving/parking-signs.html

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  # 1291294 25-Apr-2015 13:27
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Wellington City Council have exactly the same sort of bloody-minded attitude when it come to seeing sense over infringement notices their contractors have issued. It's off to court every time. Unfortunately for you, it's off to Court. Who advised you the video evidence was not appropriate - Auckland Transport?

If so, you can completely disregard their 'advice' and rock up to Court with your evidence. Because it's a traffic fine it should be two JP's who will hear the case. They will decide if you can present evidence in your defence or not. You may also want to note that Auckland Transport will have added a bit more money to the outstanding fine - this is a recovery of the cost they have incurred filing papers at the Court. If you win you pay nothing, if you lose you pay it all. Based on what you've said, personally I think it's worth a punt going to Court.

 
 
 
 


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  # 1291298 25-Apr-2015 13:48
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CamH: It would have worked out to all of 5 minutes, 30 seconds or possibly even 6 minutes, but that's not really the point as the fine was actually issued before that 5 minutes, and even if it wasn't, surely a 30-60 second leeway would be understandable to get back to the car, given this is a multi-story building.

I can understand a fine for parking for 10 minutes+, but when the zone is used for it's actual purpose, surely this is slightly unfair?


In a court of law, 5 minutes is 5 minutes, not "5 minutes, 30 seconds or possibly even 6 minutes".
"Slightly unfair" is not a legal concept.
Your video is just evidence for the prosecution if it shows that the driver left the vehicle for more than 5 minutes.




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Ultimate Geek

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  # 1291322 25-Apr-2015 15:15
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I had a similar thing happen to me once in Auckland. 

I was parked on a loading zone while unloading computer equipment from my car to take to a customers office in the building right beside the loading zone, several trips from car to office were required.  I was locking up the car each time I went into the building.  On the third trip back to my car a parking warden was writing me a $40 ticket.  When I questioned him he said it wasn't anything to do with how long I was there, it's that the loading zone was for "Goods Service Vehicles" only and my car was registered as a "Private Car" so I wasn't entitled to park in the loading zone at all.

At the time I never fought it, I just paid the fine and put it down to one of the many frustrations of driving in Auckland.

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  # 1291394 25-Apr-2015 17:39
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As noted on the link above there are two types of loading zones. One for Goods Vehicles only.

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  # 1291438 25-Apr-2015 18:38
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Was the vehicle unattended for said 5 minutes? It is implied from your explanation that it was, and if so, regardless of loading going on, it is a breach of the loading zone conditions. 



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Ultimate Geek


  # 1291440 25-Apr-2015 18:41
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The vehicle was not left unattended for the 5 minutes, in fact, it would have been around 2 minutes (2 trips from the car into the office and back)





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Uber Geek


  # 1291466 25-Apr-2015 19:18
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http://www.drivingtests.co.nz/roadcode-questions/car/parking/when-may-you-may-park-your-vehicle-on-a-/

Depends on the signs.  If you are clear that you were within the rules then ask for a hearing and go to court, and show your evidence to a JP.  




Always be yourself, unless you can be Batman, then always be the Batman



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Ultimate Geek


  # 1291506 25-Apr-2015 20:32
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Extra for experts:

Have a look at Parked on a loading zone section and compare to what the infringement says:
Types of infringements

Cross-reference 6.16 Parking on loading zone, page 43:
Road User 2004. Rule 61001. - NZ Transport Agency


Land Transport (Road User) Rule 2004 Questions and answers

 

How long are permitted vehicles allowed to park on a loading zone?
You may park on a loading zone for the time specified on the loading zone sign if your vehicle is not left unattended for more than five minutes (or longer period if the sign specifies this). The rule allows for some loading zones to be further restricted so that you would not be able to leave your vehicle unattended at any time – for example, at airport drop-off points.

 

So - double check the sign at the loading zone, take a picture of it to go alongside your video evidence.

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  # 1291537 25-Apr-2015 22:12
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It's always seemed strange to me that you pay tax to build roads and rego to drive on them - but as soon as you stop moving you have to pay more...!





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