How to escape that parking ticket
Richmond Hill Parking Control was in a store’s parking lot and stopped for an extended period behind a car in an accessible spot for the disabled, presumably to check the decal.
However, the enforcement agent needlessly parked illegally herself, blocking one side of the parking row and forcing others to go around — and be head on with traffic. This was infuriating. Why endanger public safety when she could have easily parked lawfully in an empty space only two spots away? Town of Richmond Hill spokesperson Libbi Hood replies: Thank you for the opportunity to provide information about Richmond Hill’s parking control program. Our priority for the program is safety, including safety for residents and other motorists as well as safety for Richmond Hill’s parking bylaw officers. Our staff are authorized to temporarily park their vehicle in areas where parking is prohibited in order to perform their jobs. We instruct our staff to park close enough to the parking infraction so that they have access to their vehicle if needed for personal safety. They are instructed not to impede traffic flow while doing their jobs, including blocking cars that want to move or detaining vehicles or people in any way. Parking control officers are authorized to go onto any private proper- ty in Richmond Hill to enforce fire route and accessible parking regulations. Eric Lai adds: While I can’t speak to the incident you observed, parking control in various cities has been filmed parking abnormally to obstruct the vehicle they are ticketing — so it can’t get away. Online video even shows parking control in New York standing in the street to prevent a driver from leaving without the ticket. In Ontario, municipal and private parking control have no police powers of arrest or detention. If they wilfully obstruct/detain a motorist (by not moving when asked, for example), they’ve exceeded their lawful authority. Where an enforcement agent has acted improperly, the court may dismiss the charge at their discretion.
The legal fact every driver should know is: you aren’t obliged to wait for them to finish writing you a ticket. Under section 15 (4,5) of the Provincial Offences Act, if someone drives away before a parking ticket is placed on their car or handed to them, it’s void because it hasn’t been properly served.
That said, do this peacefully after asking them to move, if necessary. Don’t blindly rush away without ensuring you can safely merge into traffic. Information in this column is of a general nature and shouldn’t be taken as legal advice or opinion. Email your nonmechanical questions to Eric Lai at wheels@thestar.ca. Due to the volume of mail, personal replies cannot be provided.