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Topic # 60868 4-May-2010 20:05
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Hey, just wanting information if people could direct me in the wright direction or website.

I am wanting information on what Parking enforcement officers can give you a ticket for...

Have received a ticket for having my car unwarrented, straight $200. Stupid me didn't even know the car was unwarrented!!!

Now they say the $200 is paid directly to the Hamilton Council, any advice on why this goes to te council, and under what grounds the parking officer has to isdue these types of tickets.

Or does any one know a link to where the episode of Target is where they did a story about parking tickets.

Thankz


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  Reply # 326610 4-May-2010 20:07
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Target talked about parking tickets tonight, but only for parking infringements, not unregistered/licenced/wof'd/cof'f vehicles.

$200 is the standard fine for the offences above. You will need to talk to the council, or NZTA, as they set the rules, and give the Police and councils the power to enforce them.

Your councils website may also hold this information.

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  Reply # 326615 4-May-2010 20:23
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Same thing happened to me in Chch except it was un warranted.

Got warrant that afternoon had the fine recindered - Check your councils website. 

 
 
 
 


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  Reply # 326626 4-May-2010 20:45
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parking officers can issue notices for no warrant of fitness or unlicenced motor vehicles. Both have $200 fines. I suggest you get WOF and write explanation directly to the council. If the WOF has expired recently say within 28 days its likely they will waive the fine.




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  Reply # 326628 4-May-2010 20:49
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makmak: Have received a ticket for having my car unwarrented, straight $200. Stupid me didn't even know the car was unwarrented!!!


you're supposed to ensure that your rego and warrant is valid before driving off somewhere... in reality though, common mistake.  if you use a VTNZ they usually send you a reminder note to say your warrant is due

if you go and get your warrant tomorrow, and write to the council and say it was an oversight, then you might get off the ticket.  if you leave it any longer then dont even bother trying.




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  Reply # 326631 4-May-2010 20:56
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The fine is valid and the wardens are legally allowed to issue them and have been for many years.

I know for registrations if you can prove that at the time your vehicle was actually registered, ie you registed your vehicle online prior to this date and the licence sticker hasn't arrived yet you will be able to challenge it. I doubt the same would apply for a warrant - maybe if you could prove you had your vehicle booked in you could probably plead your case..


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  Reply # 326643 4-May-2010 21:15
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sbiddle: The fine is valid and the wardens are legally allowed to issue them and have been for many years.

I know for registrations if you can prove that at the time your vehicle was actually registered, ie you registed your vehicle online prior to this date and the licence sticker hasn't arrived yet you will be able to challenge it. I doubt the same would apply for a warrant - maybe if you could prove you had your vehicle booked in you could probably plead your case..




That must be out of the kindness of their hearts then. IIRC the fine is for not displaying Rego, not for not having it.

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  Reply # 326646 4-May-2010 21:26
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Failing to display current licence label?

Failing to display a rego, technically is your registration plates. And your licence label is the bit of plastic in the bottom left of your windscreen.

The police offer compliance, on a case by case basis, for those whose licence label, or WoF, expired within 28days of offence date. There are also other times where they may offer it.
I would check with your council to see if they also offer it.

In the future, make sure your vehicle, when it has an expired wof/licence is parked in your driveway, and not on council roads/parks etc.

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  Reply # 326653 4-May-2010 21:31
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lxsw20:
sbiddle: The fine is valid and the wardens are legally allowed to issue them and have been for many years.

I know for registrations if you can prove that at the time your vehicle was actually registered, ie you registed your vehicle online prior to this date and the licence sticker hasn't arrived yet you will be able to challenge it. I doubt the same would apply for a warrant - maybe if you could prove you had your vehicle booked in you could probably plead your case..




That must be out of the kindness of their hearts then. IIRC the fine is for not displaying Rego, not for not having it.


Not quite - it's because it's the law

From Consumer




You've relicensed your vehicle online but the licence label hasn't arrived in the post yet. Can you use the vehicle?

In a word ... probably. Many people have complained to us that they’ve renewed their vehicle licence online, used the vehicle before the new label arrives, and been given a $200 ticket by a rapacious parking warden for not displaying a current licence label.

According to the New Zealand Transport Agency (NZTA), you should receive the new label from its online service within five days of renewing. Parking wardens don't have the ability to check on the spot whether a vehicle has a current licence – so they issue a ticket if no licence label is on display or it has expired.

But most local councils will waive these tickets if you write to challenge the offence. “As long as the vehicle was licensed at the time it got the ticket, the ticket will be cancelled,” says Wellington City Council’s Colleen Thessman.

That’s because there’s a legal defence. An NZTA spokesperson said “providing the old licence hasn’t been expired for more than seven days and the person applied to license the vehicle before the expiry, there’s a defence against that offence."

As long as you meet these criteria and write to your council challenging the ticket, it should be waived. If it isn’t, your council is breaking the law.



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  Reply # 326829 5-May-2010 11:32
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Yeah but hes talking unregistered, not failing to display.

1. Never park on patrolled parks with an unwarranted/unregistered vehicle.
2. If you disobey 1, then NEVER go over the time limit, some places they dont check warrant / rego until they write the ticket.
3, If you disobey 1 & 2, and get a ticket, get a warrant / rego within 7 days, send proof to the council, ask them to wipe fine, and say you were waiting for a part to arrive etc...

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  Reply # 326833 5-May-2010 11:40
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Waiting for a part to arrive is no defence as you are not allowed to operate unregistered or Wof'd, and that includes being parked on the street.

In Chch you can only get out of it once, after that your stuck with it.

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  Reply # 326868 5-May-2010 12:32
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sbiddle: The fine is valid and the wardens are legally allowed to issue them and have been for many years.

I know for registrations if you can prove that at the time your vehicle was actually registered, ie you registed your vehicle online prior to this date and the licence sticker hasn't arrived yet you will be able to challenge it. I doubt the same would apply for a warrant - maybe if you could prove you had your vehicle booked in you could probably plead your case..




I had a situation where I got a WOF and the testing place didn't fix the sticker onto the window (though they were nice enough to remove the old one...) and I forgot to place  the sticker on the window.  I got a ticket the next morning, wrote a letter to Christchuch city council with a copy of the WOF sheet (with date), and got a reply saying that they'd waived the fine.

The same goes for rates bills, I offered to go to the council for a friend and pay her 3 monthly rates bill (she was unwell or something), but then I found out my mother was diagnosed with a terminal illness, so I left for Dunedin on the bus, forgetting about the council bill.  Again, I wrote a letter explaining what happened, with the receipts of the bus trips, and they let her off the rates fine. 

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  Reply # 326880 5-May-2010 12:51
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What you have to remember is that unlike the Police, local councils actually get to keep the $$$ from these fines.

If they let you off the fine because you had a wof or rego all along (but didn't display it - which is what the offence actually is for) then I would count yourself very lucky indeed, as they are effectively giving back a source of direct revenue.







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  Reply # 352501 16-Jul-2010 22:25
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sbiddle: The fine is valid and the wardens are legally allowed to issue them and have been for many years.

I know for registrations if you can prove that at the time your vehicle was actually registered, ie you registed your vehicle online prior to this date and the licence sticker hasn't arrived yet you will be able to challenge it. I doubt the same would apply for a warrant - maybe if you could prove you had your vehicle booked in you could probably plead your case..


I have livened this thread for the follwing reason:




//

I was speaking to a friend recently & he told me of the issues with his parking in a private lot. Firstly, these were in relation to his work vehicle.

On the first occasion, he was issued a ticket for the bumper partially obscurring the number plate: $150. He took photos to prove his case, & the ticket was subsequently dropped.

The second: he did not realise the vehicle's WOF was overdue (stupid, I know. But don't reply about the company's responsibility: I already told him my view).

But the issue I have, where does it state in any Law that any person but a deputised one has the authority to issue tickets governing vehicle compliance? For most (all, as far as I know) of our vehicle history, the only people allowed to issue infringement notices were the Police, & the MOT -Ministry Of Transport: now defunct.

I told him he should enquire with the Police if, effectively, anybody could issue infringement notices, & to get the respective Laws governing this change in Constitution. I also told him he should write his MP to confirm any changes. Your thoughts.

The reason I put the above in bold text was to ask where this is Law? Since when can Councils & other private persons issue this form of infringement? If it is, indeed, so, what happens to the monetary recompensense? With the Police, it goes directly to the Government. Show me the error of my ways, & prove your statement.




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  Reply # 352508 16-Jul-2010 23:10
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1gkar: I was speaking to a friend recently & he told me of the issues with his parking in a private lot.

IIRC Councils can only issue infringement notices on Council owned property, not private property.

1gkar: Since when can Councils & other private persons issue this form of infringement? If it is, indeed, so, what happens to the monetary recompensense? With the Police, it goes directly to the Government. Show me the error of my ways, & prove your statement.

Start here... In terms of keeping the money for themselves, you will probably need to refer to the Local Government Act 1974.  I would imagine it'd be easier to ring your local council office rather than asking here.

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  Reply # 352511 16-Jul-2010 23:23
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This is what people seem to forget.

(prepare for a post of doom)

Owning a vehicle does not automagically give you the right to use it on roads governed/maintained/built by local councils. You simply have paid for a large hunk of metal on some rubber wheels. Its fine in your back yard looking nice. But if you want to leave your drive onto a hunk of dirt you don't own.. like say, a footpath or road.. theres some rules to follow.

For that, it has to be registered/licenced to do so. For this pleasure, a govt agency take around $260 every 6 months for you to do so. And give other parties a cut of the pie.

The government then decided to make a law that says you have to have a car up to a safe standard to do so. To this we pay another government agency to distribute to Acc, Fire etc a chunk of around $40 every 6 months.

Now should the local council find your car is sitting on their maintained hunk of land.. say the street. You are a potential danger (no current wof in the last 6 months) to other road users if you move it. Or you are skipping paying a fee for the allowance they give you to take up a spot on their hunk of dirt.

Good ol transport act of 1962 is where it all started.

Registration requirements
http://www.legislation.govt.nz/act/public/1986/0006/latest/DLM91421.html#DLM91421

Fees paid to the crown
http://www.legislation.govt.nz/act/public/1986/0006/latest/DLM91653.html#DLM91653
http://www.legislation.govt.nz/act/public/1962/0135/latest/DLM342940.html#DLM342940

Parking wardens have a pile of power
http://www.legislation.govt.nz/act/public/1962/0135/latest/DLM343571.html#DLM343571

Including Schedule 2A
Offences Parking wardens can enforce:
http://www.legislation.govt.nz/act/public/1962/0135/latest/DLM345184.html#DLM345184
Including
Offence against section 5 of the Transport (Vehicle and Driver Registration and
Licensing) Act 1986
(using or permitting to be used on a road an
unlicensed motor vehicle or a motor vehicle that does not have
registration plates affixed in the prescribed manner).


The offence of operating a vehicle on a road without displaying current
evidence of vehicle inspection, contrary to section 34(1)(b) of the Land Transport Act 1998.


Owners are liable for the following on stationary vehicles..
http://www.legislation.govt.nz/act/public/1962/0135/latest/DLM342886.html#DLM342886

Infringement Offences..
http://www.legislation.govt.nz/act/public/1962/0135/latest/DLM342910.html#DLM342910
including
Where a parking warden has
reason to believe that the user of a vehicle has committed an
infringement offence that may be enforced by a parking warden under section 68BA of this Act,—


  • (a) The user of the
    vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or

  • (b) The
    parking warden may issue an infringement notice in respect of the
    alleged offence
    .








So yeah. Its all there in black and white. Just a pile of reading/clicking to find it all :)

/ninja edit.. DAMN you Dratsab lol

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