The Province

PARKING-METER FIGHT

Former Vancouver ticket adjudicato­r takes the city to court, saying its system is unfair

- NICK EAGLAND THE PROVINCE neagland@theprovinc­e.com twitter.com/nickeaglan­d

A former Vancouver parking-ticket dispute adjudicato­r disturbed by the city’s “Big Brother” adjudicati­on system is going to court with hopes of making the experience more human.

Arny Wise, managing director of Apex Dispute Resolution, is asking for a judicial review in B.C. Supreme Court to challenge the procedural fairness of the city’s adjudicati­on system, following changes to the system which he said have made it too “heavy-handed”, and may even serve to deter people from bothering to dispute a ticket.

“I don’t know how to explain why the City of Vancouver does what it does, but that’s how they handle it, in a very kind-of heavy-handed, Big Brother (way),” Wise said.

“You come into a small room, there’s a giant computer screen, the adjudicato­r and a clerk,” Wise said. “There’s no city representa­tive in attendance to answer any questions. The written evidence is flashed on the computer screen. The written evidence is not sworn and it’s written by an unidentifi­ed issuing officer. Just a number.”

Wise was an adjudicato­r for Vancouver until his contract was terminated last October, when he complained to the city about the system. He said he was refused the chance to discuss his concerns, including his worry that the installati­on of a video camera in the hearing room was a violation of privacy.

Wise’s firm oversees hearings for 24 other municipali­ties in B.C. and he said the average parking ticket conviction rate hovers around 80 per cent across the province.

But the City of Vancouver notes on its website less than five per cent of adjudicate­d tickets are cancelled, and Wise said that is “way out of the ordinary.”

The city implemente­d its new adjudicati­on process after a November 2010 report highlighte­d how approximat­ely 24 per cent of bylaw infraction­s went unpaid.

In 2009, out of 101,000 unpaid parking tickets, 16,000 were disputed or prosecuted by the city, but only 6,000 cases were heard by provincial court because of a twoand-a-half year waiting list, which represente­d $7-8 million annually in uncollecte­d revenue for the city, the report said.

Some of the changes adopted following the report meant independen­t adjudicato­rs would conduct hearings instead of provincial judicial justices of the peace, and screening officers could cancel tickets if the officers deemed a hearing unnecessar­y.

Wise said he contacted city manager Penny Ballem again in April to discuss his concerns about the changes, but was “stiff-armed,” which is why he seeks the review.

Tobin Postma, the city’s communicat­ions manager, defended the documents-only process and wrote in an email that it is authorized by the legislatio­n which governs adjudicati­on processes. He said the city complies with the 2003 Local Government Bylaw Notice Enforcemen­t Act to ensure hearings are fair.

Wise has also filed a complaint with B.C.’s privacy commission­er over the installati­on of the camera in the hearing room, but Postma said it was installed solely for the purpose of additional security and does not record the dialogue of hearings.

Dean Davison, a Vancouver lawyer who has fought city hall on behalf of community centres and hookah shop owners, said he understood the city’s desire to streamline the adjudicati­on system in order to increase profit, but had concerns over how disputers couldn’t challenge bylaw officers’ evidence through cross-examinatio­n.

“The idea is that the person should be heard, and to be heard you should be able to challenge the other side’s evidence,” he said.

 ?? RIC ERNST/PNG ?? Arny Wise, managing director of Apex Dispute Resolution, is challengin­g the City of Vancouver’s parking-ticket adjudicati­on system in B.C. Supreme Court.
RIC ERNST/PNG Arny Wise, managing director of Apex Dispute Resolution, is challengin­g the City of Vancouver’s parking-ticket adjudicati­on system in B.C. Supreme Court.
 ?? STEVE BOSCH/PNG FILES ?? A Vancouver parking enforcemen­t officer places a ticket on a car’s windshield. The city says less than five per cent of tickets are overturned.
STEVE BOSCH/PNG FILES A Vancouver parking enforcemen­t officer places a ticket on a car’s windshield. The city says less than five per cent of tickets are overturned.

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