Parking/traffic infringements - How do you prove innocence?

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Batman

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#1291541 25-Apr-2015 22:19

Ah another joy of Auckland city council. I hope you get your money back!

cokemaster

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#1291557 25-Apr-2015 23:11

A few years ago, I had a similar experience with Auckland Transport.

Factors I found helped:

Make sure you are in the right (look at all the signs etc).
Don't ignore it.
Make sure if you dispute the ticket that you save copies of the dispute and auto acknowledge. Auckland Transport should respond to all disputes before sending them off to courts, so its key that you have these if you get a letter from the courts / collection agencies.
State that the ticket is in dispute. Ask for all written and photographic evidence of the infridgement (Parking wardens are typically issued with cameras and will take pictures of the cars in question).
Make sure that they also cite under what authority/laws/bylaws they are issuing a ticket under.
Ideally conduct it in writing. Suggest obtaining information about the ticket (case notes,photos etc), parking wardens 'performance' (eg. tickets disputed, waived), from Auckland Transport under the Privacy Act or LGOIMA as well (they really don't like this).
If you're in the clear and they still won't waive it - let them know that in the event of a win, you'll chase them for costs (eg. a days leave, travel to court, parking *snigger*).

I found that after having Auckland Transport stonewall - doing the above got a $200 fine waived fairly quickly...

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Ford

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#1291756 26-Apr-2015 15:53

If our laws were simple and sensible no one would get paid and we wouldn't need lawyers.
They'd have to find another way to scam us out of our money.
The more complex an issue the more expensive it is to defend.

Have a policy and procedures to defend all claims against you no matter how minor and frivilous they appear to others.

Let them take you to court.

Ford

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#1291759 26-Apr-2015 15:58

Ford: If our laws were simple and sensible no one would get paid and we wouldn't need lawyers.
They'd have to find another way to scam us out of our money.
The more complex an issue the more expensive it is to defend.

Have a policy and procedures to defend all claims against you no matter how minor and frivilous they appear to others.

Let them take you to court.

Ford

I read somewhere that NZ has amongst the highest number of lawyers on a per capita basis of comparable countries. I have always wondered why - or who can afford to pay them.

Ford

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#1291785 26-Apr-2015 16:48

Thats an interesting statistic.

I expect its the larger corporations and their lawyers and accountants.

The IRD as well has taken the banks to court for tax avoidance. That would have cost a fortune in legal fees.
Ultimately it would have been the taxpayer and the bank customer that pays.

Its the corporations and government against the consumer, regardless of whether you are rich or poor.
Whoever has the best legal arguement wins. The more money you pay a lawyer the more laws they can find to beat the other party.
Every arrangment you have with a supplier or ticket you have been issued with - is s legal contract which is governed by some law.

Its time for consumers to get smart and stick together.

Ford

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#1291802 26-Apr-2015 17:51

Ford: If our laws were simple and sensible no one would get paid and we wouldn't need lawyers.
They'd have to find another way to scam us out of our money.
The more complex an issue the more expensive it is to defend.

Have a policy and procedures to defend all claims against you no matter how minor and frivilous they appear to others.

Let them take you to court.

Ford

1 is it worth the time and hassle to let them take you to court over $30

2 laws can never be too simple because nothing in life is ever simple or black and white.

JonnyCam

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#1292354 27-Apr-2015 17:41

cokemaster: A few years ago, I had a similar experience with Auckland Transport.

Factors I found helped:

Make sure that they also cite under what authority/laws/bylaws they are issuing a ticket under.
Ideally conduct it in writing. Suggest obtaining information about the ticket (case notes,photos etc), parking wardens 'performance' (eg. tickets disputed, waived), from Auckland Transport under the Privacy Act or LGOIMA as well (they really don't like this).

The legislation will always be quoted on the reminder notice (as the reminder is actually the legal notice of the fine, where the ticket on the car is supposed to 'reasonably inform' the offender what they are alleged to have done.)

The LGOIMA stuff just wastes some more time, which in the end takes money from the council, either leaving services lacking, or rates rising (if everyone did this) (but obtaining the case details etc if you believe they are in the wrong is absolutely necessary.)

The warden performance is not relevant to the individual case, so probably not going to help the OP at all.

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