Failed my WOF on a 3 yr old car

Forums › Transport (cars, bikes and boats) › Failed my WOF on a 3 yr old car

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#3037946 16-Feb-2023 21:46

This is why I think it should be like Japan in some areas where you have to show you have a carpark to register a car. Too many clutter up the narrow roads around here and the council dont seem to give a crap about adding some no parking lines to stop it happening.

Richard rich.ms

Bung

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#3037948 16-Feb-2023 21:53

I had a run in many years ago with the Police over on street parking of a vehicle waiting for a panel beater to restart after Christmas. The inspector in charge said he was disappointed his staff were wasting time on parked cars when they had more pressing things to do. The Wellington Council at the time only took action if the vehicle was causing a problem. However a ticket had been written so it had to proceed. Compliance wasn't offered because there was more than 1 month from expiry of wof and the ticket.

eracode

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#3037950 16-Feb-2023 21:55

I think there’s some quite poor advice and unnecessary nastiness going on here.

If a ticket is issued for a car parked on the road with an expired WOF, IANAL but surely it would be a valid defence if the owner could demonstrate that a WOF was applied for prior to expiry date, that the car failed and they were waiting for parts - and not using the car in the meantime.

Sometimes I just sit and think. Other times I just sit.

Aaron2222

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#3037951 16-Feb-2023 21:57

eracode:

I think there’s some quite poor advice and unnecessary nastiness going on here.

If a ticket is issued for a car parked on the road with an expired WOF, IANAL but surely it would be a valid defence if the owner could demonstrate that a WOF was applied for prior to expiry date, that the car failed and they were waiting for parts - and not using the car in the meantime.

One would hope so...

Handle9

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#3037953 16-Feb-2023 22:02

eracode:

I think there’s some quite poor advice and unnecessary nastiness going on here.

If a ticket is issued for a car parked on the road with an expired WOF, IANAL but surely it would be a valid defence if the owner could demonstrate that a WOF was applied for prior to expiry date, that the car failed and they were waiting for parts - and not using the car in the meantime.

It'd be up to the police. The law is clear.

Aaron2222

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#3037954 16-Feb-2023 22:07

Handle9:

eracode:

I think there’s some quite poor advice and unnecessary nastiness going on here.

If a ticket is issued for a car parked on the road with an expired WOF, IANAL but surely it would be a valid defence if the owner could demonstrate that a WOF was applied for prior to expiry date, that the car failed and they were waiting for parts - and not using the car in the meantime.

It'd be up to the police. The law is clear.

I'm clearly not the only one who thinks that is asinine. Repetitively saying 'the law is the law' doesn't make a law sane or just. Also, if you're sure that that's what the law says, post a link the the relevant section of whatever act says that.

Handle9

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#3037955 16-Feb-2023 22:10

Okey dokey

https://www.legislation.govt.nz/regulation/public/2011/0079/latest/DLM2938433.html?search=qs_act%40bill%40regulation%40deemedreg_demerits_resel_25_h&p=1/

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Aaron2222

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#3037958 16-Feb-2023 22:19

Handle9:

Okey dokey

https://www.legislation.govt.nz/regulation/public/2011/0079/latest/DLM2938433.html?search=qs_act%40bill%40regulation%40deemedreg_demerits_resel_25_h&p=1/

IANAL, but that's only talking about registration and licencing, not WOF.

Bung

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#3037960 16-Feb-2023 22:27

eracode:
I think there’s some quite poor advice and unnecessary nastiness going on here.

If a ticket is issued for a car parked on the road with an expired WOF, IANAL but surely it would be a valid defence if the owner could demonstrate that a WOF was applied for prior to expiry date, that the car failed and they were waiting for parts - and not using the car in the meantime.

I was told the cut off was 1 month from expiry. After that you are wasting your breath with explanations.

BlakJak

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#3037966 16-Feb-2023 22:39

Aaron2222:
Handle9:

Okey dokey

https://www.legislation.govt.nz/regulation/public/2011/0079/latest/DLM2938433.html?search=qs_act%40bill%40regulation%40deemedreg_demerits_resel_25_h&p=1/

IANAL, but that's only talking about registration and licencing, not WOF.

"We allow a one calendar month grace period for drivers to renew their vehicle’s WoF/rego after the date of expiry. If you receive a parking ticket after this grace period, the ticket is unlikely to be waived, even if you have since renewed your WoF/rego.

If you receive a parking ticket less than one calendar month after your WoF or rego expired, you can appeal your parking ticket."

From Wellington City Council.
https://wellington.govt.nz/parking-roads-and-transport/parking/parking-tickets/appeal-a-parking-ticket/reasons-to-appeal-a-parking-ticket

Parking regulations are generally enforced by territorial authorities.

You need to stop waahing at the injustice of it all. Parking on the street is not a right. The only place you have rights is property you own or rent. You do neither to the road outside your property.

Keep your car legal or find private property to locate it on. Or take your chances. Arguing "it's not fair" doesn't change the law, which is the same for everyone.

No signature to see here, move along...

Handle9

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#3037975 17-Feb-2023 00:51

Aaron2222:

Handle9:

Okey dokey

https://www.legislation.govt.nz/regulation/public/2011/0079/latest/DLM2938433.html?search=qs_act%40bill%40regulation%40deemedreg_demerits_resel_25_h&p=1/

IANAL, but that's only talking about registration and licencing, not WOF.

Yeah the acts and the regulations are all interconnected and all over the place. The governing law (as opposed to regulations) is:

https://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303653.html

alasta

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#3038007 17-Feb-2023 08:47

richms:

This is why I think it should be like Japan in some areas where you have to show you have a carpark to register a car. Too many clutter up the narrow roads around here and the council dont seem to give a crap about adding some no parking lines to stop it happening.

The problem with broken yellow lines, at least in Wellington, is that people ignore them and the council does no enforcement. There are cars all over the footpath here and the council don't care despite them saying a year ago that they were going to crack down on it.

People shouldn't be able to socialise the cost of storing their personal property.

scuwp

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#3038024 17-Feb-2023 09:34

Well, this discussion has taken a turn.

Each local authority (parking enforcement) is separate and may operate differently depending where you live. They are under no obligation to give any grace period, that's just a local policy.

Same with the police - they are under no obligation to provide a grace period

If your vehicle is on the road, then it must be road legal (WoF, Rego, Licence, and up to WoF standard). It doesn't matter if it is being driven or parked. "Road" is a legally defined term and includes a lot of places that most normal people wouldn't think of. Even some private property can be considered a "road" for enforcement purposes (not so much parking enforcement)

If your vehicle isn't road legal, then you are best to remove it completely from the road. Whether or not you have off-road parking is of no interest to regulatory authorities. You can ask for leniency, but they are under no obligation to provide any. As someone said earlier, "this is a you problem"...as blunt or upsetting that may be to some, it is the reality.

Lazy is such an ugly word, I prefer to call it selective participation

Bung

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#3038038 17-Feb-2023 10:04

A few years ago Wellington's parking enforcement tried a camera car that could just drive around taking photos of cars on yellow lines, on footpaths, double parked etc and produce tickets by the score. That experiment didn't last long. The opposition to rigid enforcement became a local political problem for the councillors. No regime is perfect, most need some flexibility to be accepted.

MikeAqua

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#3038043 17-Feb-2023 10:21

Aaron2222:

[What are you supposed to do if you don't have off-street parking?

I'd leave it at the dealer's premises. Make it a headache for them and they might be motivated to resolve the issue faster.

Mike

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