City Illegally Ticketed, Won't Refund

[The Unknown Poster]

Thousands of Winnipeggers have been wrongly ticketed by the city's winter parking ban since 2011 — and no one's getting any refunds.

A recent court challenge made the City of Winnipeg realize it has been breaking the rules of the provincial Highway Traffic Act.

Under the Know Your Zone program, introduced in 2011, parking bans were in place for 12 hours on residential streets, either from 7 a.m. to 7 p.m. or 7 p.m. until 7 a.m., depending on when plows were scheduled to go through a neighbourhood.

It was up to the public to know what zone they were in and when it would be plowed. The city advertised on TV and radio and posted the zones online, but there were no signs on any streets.

Thousands of Winnipeggers ticketed during residential snowplowing

Winnipeggers warned to 'Know Your Zone'

The Highway Traffic Act, however, only permits tickets without proper signage to be issued from 11 p.m. to 6 a.m.

"This recently came to the city's attention and officials are working to correct this by collaborating with the province on a resolution," the city stated in a news release on Thursday.

From now on, only vehicles parked from 11 p.m. to 6 a.m. on a street scheduled for plowing will face a $150 ticket and possible towing.

Winter parking ban update: City of Winnipeg

The city said it will no longer pursue collection on outstanding tickets from previous winter parking bans. However, those who paid tickets that would now be deemed illegal are out of luck.

"If payment has been made, refunds are not possible because legally, the matter is considered settled," the city states on its website.

City officials plan to speak to reporters about the new rules at 1 p.m.

Class action lawsuit

Todd Dube, founder of the traffic-ticket-fighting group Wise Up Winnipeg, said he will launch a class action suit against the city if it doesn't offer refunds to wrongly ticketed drivers.

He estimates the city owes about $10 million.

Between 2012 and 2014, the city issued nearly 25,000 residential parking ban tickets during declared snow clearing operations, according to data from the Winnipeg Parking Authority.

Of those, 75 per cent were issued between 6 a.m. and 11 p.m. — an enforcement time-frame the city now says was not permitted.

The whole issue came to light when Dube challenged a ticket he received last February during a snow-clearing parking ban.

Dube was originally convicted but appealed the ruling on the basis of the Highway Traffic Act. The Crown eventually entered a stay of proceedings in the case, essentially exonerating Dube.

He believes the reason was "to avoid having the argument heard" and letting the city's "illegal" ticketing become public knowledge.

"They needed this to be as quiet as possible and for it to go away," he said. "I shouldn't have been convicted in traffic court [in the first place]. I just spent $10,000 to have the law actually heard."

In addition to the ticket refunds, Dube wants the city to pay him for those court costs.

[max power]

Cool. I guess this means if I get caught now for cheating on my taxes LAST year I'm off the hook.

[The Unknown Poster]

Cool. I guess this means if I get caught now for cheating on my taxes LAST year I'm off the hook.

If you cheated on your taxes last year, doesnt that mean you still cheated?  These people were illegally ticketed.  So they didnt "cheat" and should be refunded the money.  Especially when you factor in that it appears the city knew this (or became aware of it) and didnt care.

[max power]

I mean that the city cheated, and aren't being held accountable.

[The Unknown Poster]

I mean that the city cheated, and aren't being held accountable.

That makes more sense! lol  Yes, I cant understand why it's allowed.  They effectively stole money from people.  Everyone should sue them.

 

I know most people probably just pay their fines as its not worth the hassle to fight.  But there are some tricks you can use to get out of it and to cost the city money fighting it.  It seems counter intuitive to want to cost the city money but this ticketing scam is ridiculous.  I endorse every person who gets a ticket to request a court date and then move that court date at the last minute as many times as possible.

[Atomic]

Or people can just move their damn cars when the city is plowing. #BadNeighbours

[The Unknown Poster]

Or people can just move their damn cars when the city is plowing. #BadNeighbours

If you've ever lived on a street where your only parking option was on the street, you might think differently.  I agree about moving and I think the city does a better job with the snow zones as opposed to it being a guessing game.  But they illegally ticketed.  Its an extension of their arrogance with ticketing altogether. 

 

Their excuse is "we didnt know.  Our bad.  No refunds though".  So if I speed or park in the wrong place can I say sorry, I didnt know.  Not gonna pay. 

[Atomic]

Or people can just move their damn cars when the city is plowing. #BadNeighbours

If you've ever lived on a street where your only parking option was on the street, you might think differently. I agree about moving and I think the city does a better job with the snow zones as opposed to it being a guessing game. But they illegally ticketed. Its an extension of their arrogance with ticketing altogether.

Their excuse is "we didnt know. Our bad. No refunds though". So if I speed or park in the wrong place can I say sorry, I didnt know. Not gonna pay.

I lived in that situation for many years. I figured it out.

And you're oversimplifying. The city asked people to move between 7 and 7... If you didn't move, you should be ticketed. The "signage between 11 and 6" law is the stupid part and all this is is people trying to get out of paying on a technicality. How many of the people parked between 7 and 7 did so because they knew of the signage between 11 and 6 law? Probably almost zero. The reason is laziness and they should be ticketed.

[The Unknown Poster]

 

 

Or people can just move their damn cars when the city is plowing. #BadNeighbours

If you've ever lived on a street where your only parking option was on the street, you might think differently. I agree about moving and I think the city does a better job with the snow zones as opposed to it being a guessing game. But they illegally ticketed. Its an extension of their arrogance with ticketing altogether.

Their excuse is "we didnt know. Our bad. No refunds though". So if I speed or park in the wrong place can I say sorry, I didnt know. Not gonna pay.

I lived in that situation for many years. I figured it out.

And you're oversimplifying. The city asked people to move between 7 and 7... If you didn't move, you should be ticketed. The "signage between 11 and 6" law is the stupid part and all this is is people trying to get out of paying on a technicality. How many of the people parked between 7 and 7 did so because they knew of the signage between 11 and 6 law? Probably almost zero. The reason is laziness and they should be ticketed.

 

Law is illegal.  Should not be ticketed.  If the city says 'hey drive 10km under the speed limit' and you dont and there is no legal reason to drive slower, should you be ticketed?  No.  Law is law.  They want people to pay because its the law.  So when it isnt the law, they cant expect people to pay.  By their own admission they cannot collect on these.  Thus, they absolutely should refund anyone who did pay.  And if it goes to court, I think they will lose.

[Atomic]

They should refund and then repeal the stupid law so the streets can get plowed.

Next thing you know we'll have Joe Blow refusing to move his car before 11 pm because there are no signs.

[The Unknown Poster]

They should refund and then repeal the stupid law so the streets can get plowed.

Next thing you know we'll have Joe Blow refusing to move his car before 11 pm because there are no signs.

They can make any law they want.  But no law = invalid ticket = refund money.

[Atomic]

They should refund and then repeal the stupid law so the streets can get plowed.

Next thing you know we'll have Joe Blow refusing to move his car before 11 pm because there are no signs.

They can make any law they want. But no law = invalid ticket = refund money.

Sure but common sense dictates that if the city says don't park on the street between 7 and 7 then you shouldn't park there and you deserve to be punished for your stupidity. Unfortunately the city's stupidity overrides that in this case.

[The Unknown Poster]

I dont know about that... there are by-laws where they only enforce when they need to enforce, not all the time.  I believe the snow clearing is one of them.  Im not disputing that in a perfect world the City's intent and their legal obligation would be the same.  But it's utterly ludicrous that they'd be told their tickets were illegal and they wont refund the money.  I mean...they *have* to lose that one...

 

But this city is so reliant of revenue generated by ticketing, they are like crack addicts who cant give it up.

[Atomic]

I dont know about that... there are by-laws where they only enforce when they need to enforce, not all the time. I believe the snow clearing is one of them. Im not disputing that in a perfect world the City's intent and their legal obligation would be the same. But it's utterly ludicrous that they'd be told their tickets were illegal and they wont refund the money. I mean...they *have* to lose that one...

But this city is so reliant of revenue generated by ticketing, they are like crack addicts who cant give it up.

Snow clearing parking bans should be enforced 100% of the time, and not just with tickets but a trip to Dr. Hook as well. What kind of narcissistic ******* thinks he is too important to move his car? It affects everyone on that street, sometimes for multiple weeks, if the plows can't do their jobs.

[The Unknown Poster]

 

I dont know about that... there are by-laws where they only enforce when they need to enforce, not all the time. I believe the snow clearing is one of them. Im not disputing that in a perfect world the City's intent and their legal obligation would be the same. But it's utterly ludicrous that they'd be told their tickets were illegal and they wont refund the money. I mean...they *have* to lose that one...

But this city is so reliant of revenue generated by ticketing, they are like crack addicts who cant give it up.

Snow clearing parking bans should be enforced 100% of the time, and not just with tickets but a trip to Dr. Hook as well. What kind of narcissistic ******* thinks he is too important to move his car? It affects everyone on that street, sometimes for multiple weeks, if the plows can't do their jobs.

 

As long as its only for the time they are plowing.  The plowing operation in this city sucks.

[Atomic]

Compared to what? We have the most efficient plowing system in the world. Other winter cities have sent people here to learn how we do it.

[Mr Dee]

I remember the Winnipeg plowers to be very professional in how they handled their work. Must be VERY frustrating to try and do a good job when cars are parked here and there illegally.

Sure miss all that snow.......

[The Unknown Poster]

It's been poor since they sub contracted. No one who lives here can pretend there Havent been many issues the past couple of years.

[Taynted_Fayth]

there was a day I believe louis riel day 2 years ago, where we had 2 days in a row previous of blizzard like weather. I had to work a weird shift like 1-6 on the holiday so i came out of my house at 12:00pm to shovel then leave for work, only to find cars being towed around the corner and ticketed. my car wasnt towed but i got a ticket on my car timed at 11:45am. i thought this was stupid. nothing was posted on the site for the know your zone, it was a holiday and it wasnt even noon yet.  still had to pay it tho

[Brandon]

It's been poor since they sub contracted. No one who lives here can pretend there Havent been many issues the past couple of years.

I am fortunate and live on a school bus route so the roads are nice and clean for me.

If anything service is better for myself... Now garbage pickup on the other hand..much worse.

[The Unknown Poster]

 

It's been poor since they sub contracted. No one who lives here can pretend there Havent been many issues the past couple of years.

I am fortunate and live on a school bus route so the roads are nice and clean for me.

If anything service is better for myself... Now garbage pickup on the other hand..much worse.

 

It was especially bad, was it two years ago, when they let the snow freeze creating the deadly ruts.  Seems like we go through this every year though where in Jan/Feb/March they have all the money in the world so they will do a full scraping for 2cm's but in Nov/Dec when the budget is low they try not to.  That winter, they waited and waited and I remember them finallty doing my area about a week after it snowed but they were doing it while it was snowing (forecasted to be another 10cm or so) so really, at that point, wait a few hours.  They were back the next day to do it all over again.

 

Also more sloppy.  Now, Im not a complainer.  I have a Jeep so I dont really care.  Best thing I ever bought was a tow rope.  Managed to get myself stuck a few times and pulled others out a few times.

 

Garbage, I agree.  It hasnt been too bad this year but they missed it a lot last year.  Last winter my biggest issue was garbage collection would be wait, they'd tell you to leave your bins out, then the snow clearing would come along and knock over our bins, spilling garbage everywhere.  Oh and they also dumped snow, not to the side of my drive way, but ON my driveway.  Took a lot of effort to get them to rectify that.