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1163 posts

Uber Geek


  Reply # 352515 17-Jul-2010 00:02

The thing is if the police stop you and you are unwarrented, they usually will give you a warning, and ask you to get it registered quickly. Parking wardens can also ticket you if they think your tyres are unsafe. I don't parking wardens shoul dbe allow to ticket you for either, if should be a traffic officers job.

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Master Geek


  Reply # 352518 17-Jul-2010 00:34
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I just got a $200 ticket because my little registration thing had fallen out of the holder.. The car is/was registered and the warden saw the registration just below the holder but gave me a fine stating that it was not displayed in the right place, not that it wasn't registered.. Can't really fight this can I?



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  Reply # 352577 17-Jul-2010 09:34
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Teihoata

Were you charge for unregistered or te card in the wrong place....

Thus one seems pretty simple, just write to the council and advise the situation, either the vehicle was registered at the time and provide proof or advise it had fallen from its holder...




Others can parking offers(councils) ticket you if you are still in the vehicle at the time of his arrivall?

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Master Geek


  Reply # 352580 17-Jul-2010 09:38
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makmak: Teihoata



Were you charge for unregistered or te card in the wrong place....



Thus one seems pretty simple, just write to the council and advise the situation, either the vehicle was registered at the time and provide proof or advise it had fallen from its holder...



Others can parking offers(councils) ticket you if you are still in the vehicle at the time of his arrivall?


I was charged for it being in the wrong place lol
The ticket clearly says it is because the registration was in the wrong place, nothing about it not being registered. So writing in saying that it had fallen out seems pointless as this is effectively why I was charged. The parking warden knew this and neglected to give me any warning, just Bam! $200 fine. 

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Reply # 352590 17-Jul-2010 09:56
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@Oblivian: Awesome post!

@teihoata: You'll probably find that parking wardens have no discretion whatsoever when it comes to issuing tickets.  Here in Wellington the wardens (ParkWise) are actually employed by ADT Security which is subcontracted by WCC to provide a range of services which also include our "safety ambassadors" WalkWise and the street cleaners StreetWise.

I have no direct knowledge of this but imagine parking wardens are driven reasonably hard by ADT to achieve specific targets.

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Ultimate Geek
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  Reply # 352594 17-Jul-2010 10:12
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After reading this thread, I'm going to get a licence label holder for the windscreen ASAP!

The licence label is currently sitting on the dash under where it is supposed to be.

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Ultimate Geek


  Reply # 352595 17-Jul-2010 10:22
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Thanks for the info. It will take a while to digest all this legaleseFoot in mouth

I am still not certain on where exactly my friend's work vehicle was parked. I know it wasn't on the roadside. Will have to contact him to confirm if it was in a parking lot (which is private land: most are owned by Wilson Parking), & whether indeed it was a Council warden that issued the notice.

teihoata: I just got a $200 ticket because my little registration thing had fallen out of the holder.. The car is/was registered and the warden saw the registration just below the holder but gave me a fine stating that it was not displayed in the right place, not that it wasn't registered.. Can't really fight this can I?


This is the whole basis of my concern: Councils are renowned for acting without ethics. Remember Councils delegating building inspections from trade-qualified people, to those with no practical experience & minimal theoretical knowledge, then attempting to dismiss home owners' complaints when things went wrong: leaking building syndrome.

I know the issue is a lot more complex, but no-one can dispute that Councils' willingness to take permit fees with no supposed accountibility is one major component of the problem. But I digress, give me a break: $200 for having a rego ticket, which was still visible, not being in the stupid, little holder they supply. If that's not finnig to a quota system, then what is. It stinks as badly as a 6 month old unflushed toilet.




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Master Geek
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  Reply # 352643 17-Jul-2010 13:11
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teihoata: I just got a $200 ticket because my little registration thing had fallen out of the holder.. The car is/was registered and the warden saw the registration just below the holder but gave me a fine stating that it was not displayed in the right place, not that it wasn't registered.. Can't really fight this can I?


Yes you can. The car was registered at the time of the 'offence'; just write to the address on the back of the fine and explain the circs.  You might also like to point out that the warden involved was being a bit of a sphincter.

I had the same sort of thing, the rego thing had fallen out of the holder and was on the floor. I got a fine, wrote to the Chch council and explained that the car was registered and they waived the fine.

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  Reply # 352885 18-Jul-2010 05:56
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1gkar: If that's not finnig to a quota system, then what is.

It's the exact opposite.

A quota means there is a limit or restriction.  There is no limit or restriction to the amount of a tickets a warden can issue.

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  Reply # 353271 19-Jul-2010 10:43
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teihoata: I just got a $200 ticket because my little registration thing had fallen out of the holder..  Can't really fight this can I?

You'd be stupid not to.  When did it happen, I'd get down the coucil straight away, ask for the form to contest the fine and start writing. Don't leave it too long complaining here.

Just think of an angle of attack, heck say you paid some minority orphans to clean the car and they must have dislodged it and you would like to thank the warden for bringing this to your attention but that the rego was current and you don't think the fine was valid. 

Seriously it's often as simple as that as they make enough from the people who don't complain.  Even if you don't win you are no worse off than you are now, but if you do win then it's all good.

Re the 'unqualified persons' dishing these out... I tend to agree as I'm against average people being in positions with great power.  Bit like the grumpy guy who complains your headlights aren't aligned correctly 3 times at the wof station, or your horn sounds a bit quiet etc, who basically is controlling if you can use your vehicle or not cos he's having a bad day.  What business is it for parking wardens to be giving fines for registrations etc?  But at the end of the day, it's the system and you avoid all this by taking the personal responsibility to ensure your car is warranted and registered and you have paid for some parking.

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  Reply # 353416 19-Jul-2010 14:31
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Jaxson:
teihoata: I just got a $200 ticket because my little registration thing had fallen out of the holder..  Can't really fight this can I?

You'd be stupid not to.  When did it happen, I'd get down the coucil straight away, ask for the form to contest the fine and start writing. Don't leave it too long complaining here.

Just think of an angle of attack, heck say you paid some minority orphans to clean the car and they must have dislodged it and you would like to thank the warden for bringing this to your attention but that the rego was current and you don't think the fine was valid.


It is also good to look closely at the alleged offence then check the law to see if it even exists.

I doubt that parking officers will be wandering through private car parks looking to give out tickets.  There are easier pickings on the streets.  You might be in trouble though in a council owned parking building.

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Ultimate Geek

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  Reply # 353428 19-Jul-2010 15:01
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  Remember Councils delegating building inspections from trade-qualified people, to those with no practical experience & minimal theoretical knowledge, then attempting to dismiss home owners' complaints when things went wrong: leaking building syndrome.


This makes me laugh - the reason independant building certifiers were removed was because they were performing incredibly poorly.  They skimped, didnt inspect properly at all, and just failed at the business of doing it.

As for weathertight homes, yes well that is an issue that both certifiers and councils faced.

As for building inspectors being unqualified, that is just downright misinformation.  There is a large impetus put on having qualified people for the job.  Especially since the inception of the BCA (Building Consent Accreditation) which basically means that councils have to prove that the people who are doing the jobs are qualified to a satisfactory level for the buildings they are inspecting.

/Disclaimer - I work for a council, so do generally know how these things work




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Wannabe Geek


  Reply # 369458 18-Aug-2010 18:14
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I recently got a ticket for not displaying a current rego. I had been working in Aussie for a few months prior to that and the rego had expired at least 6 months previously. The car was parked in my garage for the entire time that the rego had expired too. I use a motorcycle everyday and virtually never use the car.
Anyway... On the day in question I drove to a VTNZ centre to get a warrant (without which a rego cannot be purchased). The car failed on a small hole in the exhaust so I then drove (within 30 minutes) up the road and parked near a garage where I was asking how soon they could fix it so I could get a warrant and subsequently a new rego. When I got back to the car there was a ticket for $200 for not displaying a current rego. I appealed against this to Wellington city council, proividing copies of the VTNZ warrant report and the original ticket proving that it happened just after I'd been to VTNZ and expalining the situation. They declined my appeal based on the fact that my rego had expired more than a month prior to the ticket being issued! My only option now is to now take this matter to the district court. Has anyone else had this expereince or does anyone know where I stand legally here?  Cheers

258 posts

Ultimate Geek


  Reply # 369555 18-Aug-2010 21:17
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robinwelly: I recently got a ticket for not displaying a current rego. I had been working in Aussie for a few months prior to that and the rego had expired at least 6 months previously. The car was parked in my garage for the entire time that the rego had expired too. I use a motorcycle everyday and virtually never use the car.
Anyway... On the day in question I drove to a VTNZ centre to get a warrant (without which a rego cannot be purchased). The car failed on a small hole in the exhaust so I then drove (within 30 minutes) up the road and parked near a garage where I was asking how soon they could fix it so I could get a warrant and subsequently a new rego. When I got back to the car there was a ticket for $200 for not displaying a current rego. I appealed against this to Wellington city council, proividing copies of the VTNZ warrant report and the original ticket proving that it happened just after I'd been to VTNZ and expalining the situation. They declined my appeal based on the fact that my rego had expired more than a month prior to the ticket being issued! My only option now is to now take this matter to the district court. Has anyone else had this expereince or does anyone know where I stand legally here?  Cheers


As you say, gotta have a licence to get a WOF. There are exemptions to having a WoF, and if you comply with those, there is a defence on the licence requirement (makes sense).

SO, the exemptions to WoF are here:
http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303653.html#DLM303653

If you comply with that, then you have a defence. Whoever mentioned the 1 month thing is slightly off - I suspect that sounds more like an internal policy for waiving tickets.

From your description, bearing in mind I am not a lawyer, I personally would say you're pushing it uphill. For the defence to apply you have to show that your vehicle was safe to operate. Proving that a vehicle is safe when there is a hole in the exhaust is going to be hard work. People have died from that. I realise it may have been a minor hole etc etc, and you may in fact be able to prove it wasn't leaking into the cabin, but I wouldn't expect a council to go there....up to you whether or not you want to try.

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Uber Geek
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  Reply # 369565 18-Aug-2010 21:42
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smac:
As you say, gotta have a licence to get a WOF. There are exemptions to having a WoF, and if you comply with those, there is a defence on the licence requirement (makes sense).

SO, the exemptions to WoF are here:
http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303653.html#DLM303653

If you comply with that, then you have a defence. Whoever mentioned the 1 month thing is slightly off - I suspect that sounds more like an internal policy for waiving tickets.



You mean got to have a current WOF to get a Licence.

I suspect the 1 month thing is something they usually apply to vehicles that have been parked on the street.

From personal experience I have no confidence that your explanations will ever get near anyone that cares.

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