Frequently Asked Questions
How does FightTheMeterMaid.com work?
FightTheMetermaid.com works in two ways. First it makes it easier for you to legitimately contest a ticket. The way the system is set up right now, you must appear in person first to request a court date, and a second time to fight your ticket. This adds up to extortion as the time it takes you to fight the ticket outweighs the potential benefits.
FightTheMetermaid.com will request a court date for you for $3.00.
Secondly FightTheMetermaid.com allows the average Torontonian to protest the injustice of the parking ticket. By requesting a court date for you, we force the city to schedule time in court to hear your arguments. The city has a limited number of court rooms and Justices available- in fact the current wait is over 11 months!
By flooding the system with court date requests we will increase the wait time enormously- to the point where your court date will be so far in the future that we can ask for dismissal based on our right to a trial within a “reasonable” length of time.
You can also think of this as a delayed payment plan- “do not pay until 200?”!
At any time before you are convicted you may pay the fine with no penalty and avoid an appearance in court. Meanwhile you have tied up that court date for months. At FightTheMetermaid.com we will keep you informed of current wait times and send reminders to your e-mail account so that you do not forget to either cancel or appear for your court date.
At this point you may also ask for a new court date, putting yourself at the back of the queue.
By using the system against itself, and choking the flow of parking
enforcement revenue to the city, we can make our voices heard.
Why are you doing this?
I have been a victim of undeserved and unfair parking tickets too many times. This website is set up to provide two services. The first is to make it easier to fight your ticket, and the second is to launch a protest that the city of Toronto cannot ignore.
How many parking tickets are issued each week?
58,000 tickets were issued each week in 2004 according to the city of Toronto. If the average ticket is $30, this means that the city is making 90 million dollars from parking tickets each year, over and above the revenue for parking permits.
When you consider that the reason for metered parking in the first place was to control parking and make it fair for the inhabitants of the city, this is outrageous.
What does a 'no parking' sign mean?
A sign that says ‘no parking’ does not actually mean that you cannot park there. What it means is that you must comply with the laws that the ‘no parking’ sign refers to. This allows for parking while in the act of delivering, and in the case of a ‘No Standing’ sign you may stop and pick up or drop off passengers.
Why am I not presumed innocent until proven guilty?
The courts in their wisdom have considered that due to the high volume of violators and the “minor” cost of such tickets, the onus can be shifted to you.
At the current minimum wage of $7.15/hr, it would take someone 4 hours and 12 minutes to pay their fine - more than half a days work!!
Although this is guaranteed under the Charter of Rights the Ontario Court of appeal has ruled that due to:
- the type of violation
- the number of cases
- the reasons for the legislation
- the options given to the defendant as to the deposition of the case
- and the provisions to avoid any miscarriage of justice.
The courts may proceed with default convictions.
“Although this procedure might appear on a superficial analysis to offend the right of every person charged with an offence to be presumed innocent until proven guilty according to law, as guaranteed by clause 11(d) of the Charter of Rights, in light of the nature of the proceeding, it is impossible to seriously maintain such an argument."
When the issue came before the Ontario Court of Appeal … the court firmly rejected the argument and stated that:
"Having regard to the type and class of the offences, the number of Such cases, the reasons for the legislation, the options given to The person charged as to the deposition of his case and the provisions …to avoid any miscarriage of justice, we are satisfied that section 9 of the Provincial Offences Act (the default conviction procedure under Part I), in its context and effect, is a reasonable limitation such as is contemplated by section 1 of the charter.”
If I plead not guilty but then change my mind what happens?
Nothing.
You pay the fine just like you would have originally. Until you are convicted of the offense in court, you are able to plead guilty and pay the fine. Before the elimination of the lower “voluntary payment” fine, you had something to gain by paying early. This is no longer the case.
Is it legal for FightTheMeterMaid.com to file on my behalf?
Absolutely.
Section 83 of the Provincial Offences Act “allows a defendant to act by counsel or agent” and clearly states that “…the person who is charged and who is served with the [ticket] may send another person to deliver the [ticket] to the municipal or court office on his or her behalf”.
This has also been confirmed with the operators at Parking Tag Operations 416.397.8247.
How long will it take to reach court?
In my experience you will receive a notice in the mail in about 6 weeks telling you that you are guilty of a parking infraction and must pay the set fine.
Once you have asked for a court date, they will send you a notice in 2-3 months informing you when your court date will be. Currently your court date will be over 8 months from this date or approximately 11-12 months after the infraction.
Why does the back of the ticket say that payment is due in 15 days?
I do not know. There is absolutely NO reason for this.
“It should be noted that no time limitation is placed upon the defendant’s exercising the option of paying the set fine or requesting a trial. Therefore, even though the prescribed form of the [ticket] advises the defendant that he may take such action within 15 days, he or she cannot be precluded from paying the set fine or requesting a trial until a conviction has actually been entered.”
I am worried that I will forget my date and pay extra costs?
At FightTheMetermaid.com we will not let this happen to you. When you receive your court date in the mail (by law, all correspondence has to go through the owner of the vehicle), simply log onto our site and enter your e-mail address and how often you want reminders.
FightTheMetermaid.com will send reminders to your e-mail account reminding you to pay your fine (online or over the phone), or get ready for your day in court.
If I go to court and am found guilty of the parking violation can the justice levy extra penalties?
Yes they may. I have recieved a different answers from a lot of people, but I have discovered that although it is very rare, it can happen. I was not able to pin down what the maximum cost could be, but I was told that it would "not be very much".
If this were to happen I would appeal this decision as it certainly pressures you not to go to court which is a direct contravention of your right to your day in court and to a fair trial.
How does the city determine the amount of the fine?
“The set fine is a level of fine which is somewhat ABOVE the minimum and is designed to be an average amount which would be appropriate for the routine violation and the routine violator.”
Why is there no option to plead 'guilty with an explanation' on my parking ticket? (like you can on a speeding ticket)
This had to be explained to me as well. You actually do have this option it is just not on the yellow tickets. These tickets are misleading.
You must request a trial, and on the request form you must tick the box that states that you do not wish to challenge the evidence of metermaid.
FightTheMeterMaid will file all tickets contesting the evidence of the officer unless stated otherwise. If you would like to plead guilty with an explanation you must include the letters GWE (guilty with explantion) behind the parking ticket infraction number.
For example: 55551234, 567823456 GWE. The first ticket will be filed contesting the evidence and the second will not.
If I decide to go to court, what defences can I use?
At FightTheMetermaid.com we offer some ideas how to fight your ticket or how to ask for a reduction in fine. We also plan on offering a section by users on how they successfully won in court. Together we can win!
Disclaimer:
All quotes are taken from Parking infractions/ AN INSTRUCTIONAL MANUAL FOR PART II OF THE PROVINCIAL OFFENCES ACT, by the Ministry of the Attorney General. This book is available at the Urban Affairs Library at 55 John St. The stack number is 345.71302 P68.
All interpretations are my own. I am not a lawyer, and the opinions on this page should not be taken as legal advice.
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