So, ignoring the trying to get off the ticket part which is largely an exercise in futility...
Is there anywhere a non-WOF'd car can legally be parked for a couple of weeks without costing a small fortune or is it simply cheaper to get it scrapped rather than risk the lovely parking wardens given it ticket, after ticket while it's waiting to be sold/collected?
stevenz: So, ignoring the trying to get off the ticket part which is largely an exercise in futility...
Is there anywhere a non-WOF'd car can legally be parked for a couple of weeks without costing a small fortune or is it simply cheaper to get it scrapped rather than risk the lovely parking wardens given it ticket, after ticket while it's waiting to be sold/collected?
Have you spoken with the council? Ask them what the best option is, they may put an exemption on your car from getting a ticket.
Other than that, do you have any mates who have a spare spot on the lawn?
stevenz: So, ignoring the trying to get off the ticket part which is largely an exercise in futility...
Is there anywhere a non-WOF'd car can legally be parked for a couple of weeks without costing a small fortune or is it simply cheaper to get it scrapped rather than risk the lovely parking wardens given it ticket, after ticket while it's waiting to be sold/collected?
Have you spoken with the council? Ask them what the best option is, they may put an exemption on your car from getting a ticket.
Other than that, do you have any mates who have a spare spot on the lawn?
Both the council and the ticketing people said "dunno".
I don't know anyone within about a 20km radius who has any spare space anywhere, or even a lawn for that matter (Yay Wellington...)
(a) operates an unsafe motor vehicle on a road; or
(b) operates a vehicle on a road without displaying current evidence of vehicle inspection or a certificate of loading or both (as may be required by the regulations or the rules); or
(c) fails to comply with the provisions of the regulations or the rules concerning evidence of vehicle inspection, certificates of loading, or the operation of a vehicle that is required to have such evidence or certificate or both."
And the interpretation section of the Act has this gem "operate, in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and operator has a corresponding meaning"
It's hard to argue with them about the length of time the car has been out of action when they aren't obliged to give any grace period (unless you're on the way to get a warrant). Been through it.
therein lays the problem it's not being operated now is it it's but sitting waiting to be sold big difference to being operated on a the road in an unlicensed / unwarranted vehicle to sitting and not moving... if it hasn't moved since being parked up then it's not being operated
"And the interpretation section of the Act has this gem "operate, in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and operator has a corresponding meaning""
According to the Act you are operating the vehicle if it is on a road even if it is just sitting in front of your house.
I got caught in a similar situation. The WCC told me to find a neighbour with off-road space for the car if I wanted to avoid more tickets.
Bung: I got caught in a similar situation. The WCC told me to find a neighbour with off-road space for the car if I wanted to avoid more tickets.
And they'd say that knowing full well that odds are likely the vast majority of other people in your area also don't have offstreet parking. Roughly a quarter of all the houses in my street would have offstreet parking, this would be true of most of the suburbs around town I would've thought given that most places are built on hills and land not being used for a house is "wasted".
Bung:I got caught in a similar situation. The WCC told me to find a neighbour with off-road space for the car if I wanted to avoid more tickets.
then it's pure revenue gathering and nothing to do with the law at all I'd still ring an lawyer for advice and I still wouldn't pay the fine until advice was sort... If all your neighbors have no off street parking or only space enough for their vehicle it's ridiculous of the council to expect you to park anywhere else but on the road outside your dwelling
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Athlonite: then it's pure revenue gathering and nothing to do with the law at all
It may or may not be revenue gathering but you can't say it's nothing to do with the law. I've shown you the law they apply. I was pissed at the time because prior to the Council contracting out the enforcement they used to leave a 7 day warning before they issued tickets.
@The UnGeek the grey area is that there is no consistent policy amongst Councils or Police in the way they apply the law. Some areas are quite lenient and some don't give at all.
As a temporary measure you could remove the plates and rego/wof sticker from the window. Pretty hard to issue a ticket if you have no identifying numbers visible.
The only risk then is that they could treat it as an abandoned vehicle after a few days and get it towed.
stevenz: That was explained to them, the reply was essentially "Tough." - if the WOF expired more than 4 weeks ago, all bets are off regardless of excuse. Perhaps Hamilton's council isn't run by such a bunch of anti-car lefties and are a tad more lenient?
As the OP states WCC would have considered a request to waive should the WOF have expired within a 4 week window but its now over that.
Best suggestion is to have a think about some business you know in the locality who have a nice big car park (Customer or Staff) which is never full and offer them $20 to park it up for a week. Win situation for them and win for you as it will be off road. Not sure how you will get it there without potentially falling foul of the law though!
Do wonder if you are in a bit of a catch 22 situation as the car is without a WOF and you have no intention of repairing it (due to cost you are actually selling it as is) so a lot of the reasons you may be exempt in driving/having it sitting on the road are no longer applicable and legally it should be towed as opposed to driven anywhere. i.e. you can only drive a WOF failure from the station to home/garage to get fixed for getting a fresh WOF and then back to the station.
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