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  Reply # 468865 13-May-2011 18:10
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It's up to a bit over $300 on tm so far. Will be sold tomorrow then depends his long it takes for the buyer to collect it.

So sale price covers the.ticket at least.

Can't leave it with the folks unfortunately, they're in the other island.




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  Reply # 468890 13-May-2011 19:46
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What if you got a car cover that goes all the way around the car so they can't see the warrant and rego to 'protect it from the elements'? Is this a smart idea or am I just being thick about something?

 
 
 
 


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  Reply # 468943 13-May-2011 22:28
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Athlonite: They shouldn't be able to give you an ticket if

a: there's nowhere else for you to park the car
b: it's outside your place of residence
c: it's being taken somewhere for repairs ( although it should be on a trailer and not being driven)

so Legally the ticket wouldn't stand up in court just tell them to shove it (go see a nz law society lawyer first for advice) But I think you'll find you should not have been ticketed at all


So far it's only been $200, why pay more money to a lawyer to find that your advice is totally wrong.

If the car has already been ticketed once, putting a cover on it isn't going to fool anyone.

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  Reply # 469135 14-May-2011 19:15
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I believe the community law centre gives free legal advice if you want to fight the ticket.

It's worth checking out, the WCC lose a few court cases due to their stupid attitude.

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  Reply # 469151 14-May-2011 20:41
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In this case the Land Transport Act

"
 Contravention of section 6



  • (1) A person commits an offence if the person—



    • (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.

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  Reply # 469160 14-May-2011 22:15
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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?

Presumably putting the rego on hold would just mean 2 reasons it shouldn't on the road though, not sure that'd work.




 

Are you within the ?4 weeks grace period of the failed warrant?  If so mail them a copy of the failed warrant sheet stating you are having them repaired currently as per your legal right.  They should immediately cancel the fine or you will take it further. 

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  Reply # 469168 14-May-2011 22:35
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That isn't relevant to parking. All that means is that you get a retest without paying another test fee.

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  Reply # 469192 15-May-2011 06:25
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Bung: That isn't relevant to parking. All that means is that you get a retest without paying another test fee.
 But you can continue to drive the car while that period is present..  Which means you can t expect to be ticketed for using it..

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  Reply # 469199 15-May-2011 07:54
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Wrong

From the AA

"
What do I do if my car fails the inspection?

If your car fails the inspection, you're not allowed to drive it on the road. There is one exception to this rule. And that's if you're in the process of bringing the car into compliance or obtaining a new WoF. But the car must be safe to drive for that purpose. Otherwise, stick to the golden rule: stay off the road until you have a valid Warrant of Fitness!

When you've fixed all the required areas, we'll check it again. If you bring it back to us within 28 days of the first inspection, then we'll complete the second inspection at no charge. After this date, however, we'll have to start from scratch."

If you get caught going anywhere other than to get another test you'll get a ticket for no warrant.



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  Reply # 469246 15-May-2011 11:41
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So if you've no access to offstreet parking, what do they expect you to do with it in the meantime?




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Reply # 469508 16-May-2011 09:49
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Bung: Wrong

From the AA


"

There is one exception to this rule. And that's if you're in the process of bringing the car into compliance or obtaining a new WoF.


 

That was the bit I was talking about... 

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  Reply # 469513 16-May-2011 09:55
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stevenz: So if you've no access to offstreet parking, what do they expect you to do with it in the meantime?


Like I mentioned before. It might be a good idea to talk to the council and explain you situation.

They (Hamilton City Council) were definately sympathetic to our situation.

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  Reply # 469872 16-May-2011 21:00
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Bung:
Athlonite: They shouldn't be able to give you an ticket if

a: there's nowhere else for you to park the car
b: it's outside your place of residence
c: it's being taken somewhere for repairs ( although it should be on a trailer and not being driven)

so Legally the ticket wouldn't stand up in court just tell them to shove it (go see a nz law society lawyer first for advice) But I think you'll find you should not have been ticketed at all


So far it's only been $200, why pay more money to a lawyer to find that your advice is totally wrong.

If the car has already been ticketed once, putting a cover on it isn't going to fool anyone.



 

Really well they didn't charge me for just advice.. The car shouldn't have been ticketed in the first place 

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  Reply # 469943 17-May-2011 07:48
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It will stand up in court.
You are not allowed a car on the road without a WOF and rego.
As stated the only out is if it is on the way to a place of repair.
Note that if there is a serious fault you can still be ticketed.

There is NO outs for no where else to park it, 28 days from WOF etc etc. They are all myths.
That is the law.



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  Reply # 469962 17-May-2011 09:03
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nickd: What if you got a car cover that goes all the way around the car so they can't see the warrant and rego to 'protect it from the elements'? Is this a smart idea or am I just being thick about something?


Car cover and Wellington don't go well together :) all of my previous ones have ripped or blown off down the road, although you can secure them with bricks, but then there is the possibility of a vandal using them against the car, damn vandals :(
 




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