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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 10-24-2010, 12:32 AM   #1
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Enough Grounds To Dispute Parking Ticket?

To all the Bylaw/Law Enforcement officers, I need some assistance. A few of my friends and I parked our cars on this "island" on W. 1st and Crowe St. tonight then got our cars impounded and fined for approximately $145.00

On the ticket it indicated it violates by-law 2849, section 174E (Stop on a Boulevard).

Now here's the issue, first and foremost, my friends and I did not park on a boulevard, rather it was an "island". Secondly, I've parked there many times before, and others have had too, and we never had any issues. Third, as the picture indicates, there are no signs that indicates that we cannot park there.

The only exception that cannot be found in the following picture is the "Bear Right Around Island Sign" that was implemented after this picture was taken.

Where my friends and i parked their cars, it's very close to the VPD station, so for those VPD officers that roam this forum, I am sure u know which island I am talking about, so please add your input.

This is a picture of the island that I parked on.

http://maps.google.com/maps?f=q&sour...=fr-3710405391

Question - Do I have enough grounds to dispute my ticket?
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Old 10-24-2010, 09:13 AM   #2
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A simple google search of Vancouver City Bylaw 2849 got me this link first:
http://vancouver.ca/bylaws/2849c.PDF

Then I scrolled down to the definition of "boulevard"

Quote:
"Boulevard" means:

(a) on a street with curbs, the portion of street between the outside
curb and the adjoining property line, and

(b) on a street without curbs, the portion of street between the edge
of the roadway and the adjoining property line,

and on a street where traffic is separated by means of a median, includes the median.
Quote:
17.4 No person shall stop a vehicle:

(a) on a crosswalk;

(b) within 6 metres of either side of a crosswalk, except for the driver
of a motorcycle who is parking in a corner clearance parking area;

(c) on a sidewalk;

(d) on a sidewalk crossing;

(e) on a boulevard, traffic island or traffic circle except where
specifically designated for the parking of motor vehicles;


(f) within an intersection.
So I would say "no", you don't have grounds for dispute.
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Old 10-24-2010, 09:47 AM   #3
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Old 10-27-2010, 11:20 PM   #4
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If you were parking on the side of the road (right) away from the island you sure do I think, but if you're parked on the left side next to the median I think you're SOL.
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Old 10-28-2010, 12:50 AM   #5
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I was parking in the middle, on the median, that is wide enough to fit a Ford Truck, as a matter of fact, everybody parks there, everyday, it just so happens that they decided to ticket everyone on that night. I even see cop cars park there all the time. What makes it really ridiculous is that the curb is really short, so it gives people the wrong impression that you can easily drive over it and park there, which many of them do. It should be mandatory for the city to place a sign there to warn people about parking there, it's obvious that they won't because it's an easy cash grab. Better yet, plant some soil there, and trees.
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Old 10-28-2010, 01:52 AM   #6
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Maybe play dumb and say that you have always seen people park there and there arent any no parking signs???
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Old 10-28-2010, 08:45 AM   #7
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^That won't fly. To turn a phrase, "ignorance of the law is not an excuse".

I used to work at a shop in S.Van, there was a spot along a fence in a back alley where some of us parked all the time... one day we all came out to find tickets on our cars, for "parking adjacent to a commercial property" or something along those lines. No signs, some people parked there for YEARS without an issue... but, the law is the law, and nobody who disputed it was successful.

Of course, sometimes the bylaw guys get a little too gung-ho: I got a ticket once for parking in front of a decommissioned fire hydrant; the thing even had a big white band wrapped around it with big red letters, "NOT IN SERVICE" or something of the sort. When I went to dispute the ticket, I found it had already been cancelled... still a PITA.
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Old 10-28-2010, 06:07 PM   #8
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i actually live in the area where this offense happened... and this is a constant fight with the city... you are lucky you didn't get towed...

The city has decided to put a "boulevard" down west first... the cement curbs are half the height of a normal boulevard and it is just covered with gravel... on certain blocks it actually descends to the level of the roadway to indicate a driveway... construction vehicles park on there and mail trucks and whatnot so one person figures "that looks like a place to park" and the rest follow suit... this is a DAILY occurrence... We have asked the city countless times to put up no stopping signs under the grounds of being "fair"... but no luck... they keep claiming they will be putting grass in "next week" and they have been saying this for the past 8 months... They had the time to paint a bike lane down this road but not put in a couple of signs on the "boulevard"...

The big issue is because this area is largely still developing and up for sale it is many people who are visiting the sales centres of various buildings who would not know and the meter maids use this area to fill their quota (or whatever the system is)...

I have called 311 numerous times about this and even they (who's office is in this area) are confused by this and they answer questions about the laws...

Fight the ticket... everyone who gets a ticket and/or towed on that boulevard should fight their ticket... the way it is constructed is not comparable to any other boulevard in the city... if it even was a full height curb like any sidewalk people would not park there... but again the height of the curb is as high as say the transition from a road to a driveway...

Its unfair the way that the city is using this to pad their books...
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Old 10-28-2010, 09:48 PM   #9
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I actually did get ticketed and towed. I do plan on fighting this ticket, as it's completely ridiculous, considering the environment that it's situated and its lack of consistency to other boulevards built in the city, so it's a straight up cash grab.

Thanks for your input.
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Old 10-29-2010, 10:36 AM   #10
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I think someone needs to re-think the wording of this section of the bylaw:

Quote:
17.2 No person shall stop a vehicle:
(a) within 6 metres of the approach side of a stop sign;
"Sorry officer, I had to do a rolling-stop, the bylaw prohibits stopping within 6 meters of a stop sign.."
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Old 10-29-2010, 11:14 AM   #11
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Old 11-10-2010, 01:38 PM   #12
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I work down the street and have seen cars parked there for months. Yes it is considered a boulevard but most people have been getting a freebie and not getting ticketed or towed for a long time. It was only a matter of time before they started cracking down.
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Old 11-10-2010, 07:20 PM   #13
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Sebberry: HAHAHAHHAHAHAHAHAHHA NICE.

op: take a pic of cops parking there next time. And that there's no signs. And other ppl parking there. Best is if u can see cops AND cars parked there.

And dispute.
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Old 04-24-2014, 07:41 PM   #14
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Hey willystyle, what ended up happening, was your dispute successful? I just received a similar ticket and am deciding what to do. Best.

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Originally Posted by willystyle View Post
I actually did get ticketed and towed. I do plan on fighting this ticket, as it's completely ridiculous, considering the environment that it's situated and its lack of consistency to other boulevards built in the city, so it's a straight up cash grab.

Thanks for your input.
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Old 04-25-2014, 04:23 PM   #15
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^^

Is this a ticket you received in the City of Vancouver. I can tell you that it's usually pretty black and white with almost zero chance of winning. You can call 311 and ask to speak to a screening officer first before deciding if you want to fully go into a dispute.
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Old 04-26-2014, 05:28 PM   #16
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ya, i just paid it after speaking with ticket info, there are no grounds to dispute it, even if it's not in the driver handbook, even if there were 3 other cars parked similarly in the neighbourhood, there's a picture & we're expected to know the obscure by-laws, the end. grrr, my first ticket in 16 years of driving. at least it's only $50 and i didn't get impounded. thanks!

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^^

Is this a ticket you received in the City of Vancouver. I can tell you that it's usually pretty black and white with almost zero chance of winning. You can call 311 and ask to speak to a screening officer first before deciding if you want to fully go into a dispute.
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