Ticket while fixing car for WOF ??

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Postby DRFTIN » Thu Jul 29, 2010 10:21 am

when i got done for no wof/reg a while ago i wrote in to try and get off and they told me i had to have got the new wof within 2 days and a heap of other bs had to be right before they would consider it

but by the time they told me this 2 days had well passed so i was screwed
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Postby neo » Thu Jul 29, 2010 10:43 am

remember its not your council, its the company contracted to enforce the council by-laws

remember its not about making money, its about making the roads safer, by ensuring clapped out pieces of crap will not leap out and hit someone should they be parked.

:oops:

Get a WOF, prove exceptional circumstances (aka no public transport from your area, just lost your job, your baby is in hospital and your dad just died), get a WOF and you should be fine.
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Postby tiny2009 » Thu Jul 29, 2010 3:20 pm

I was looking after a wagon for some family while they are overseas, WOF and REG lapsed, car needed some minor repairs and while we were sorting it out we got pinged ($400 all up) while parked outside our house.

We wrote a nice polite letter to explain the situation and had at the time now got up to date with everything... they replied and pretty much said "tough luck"...

When I went to pay I gave it one last shot and had a chat with the manager dude, he said he would look into it and by the end of the day we got a call saying they he had cancelled both tickets.

So if you are going to try and weasel your way out of it like I did then the advice I would give is always remain polite and a hard luck story wouldnt hurt (I have read about student getting off a few tickets for no Reg by pleading poverty and that "if he paid the ticket he can not afford registration and will result in more tickets")
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Postby sik_gt_starly » Thu Jul 29, 2010 5:36 pm

i get fines for wof/rego being out all the time parking outside work here in Whakatane, usually i just completly forget to renew rego or get a wof

we get a fine and it gets wiped if we get wof and or rego within 14 days and take copies of relevant documents to the council and they let me off.

Guess our council arnt total @ssholes compared to others
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Wrapping this up....

Postby jondee86 » Tue Sep 21, 2010 5:40 pm

Just for posterity...

1. Wrote a letter with a good (legit) story, plus documents.
2. Got the standard shut up and pay up letter back.
3. Wrote and said, let's go to Court and let the Court decide.
4. Got a letter back saying we will apply for a Hearing Date.
5. Few days later got another letter saying your letter has been
considered and the fine will be waived... don't let it happen again
(standard letter... the good one).

Sounds to me like the cnuts never even read my letter the first time
round. But when they did in preparation to going to Court, they
realised I was legit , and had a good chance of getting off in Court.

So moral of the story, don't knuckle under to those ignorant council
bounty hunters when you have a legit excuse.

Cheers... jondee86
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Postby B1NZ » Tue Sep 21, 2010 6:16 pm

Good to hear common sense prevailed (For once) 8)
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Postby metal_sean_head » Tue Sep 21, 2010 6:17 pm

Great to see you had a good outcome.

Good on you for sticking it.
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Postby soopachargen » Tue Sep 21, 2010 8:38 pm

as an aside, im sure i read in the fine print of the last WOF that I got something about the vehicle not being legally driven in the 28 day period
When in doubt, down and out.

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Re: Wrapping this up....

Postby Al » Tue Sep 21, 2010 11:01 pm

jondee86 wrote:Just for posterity...

1. Wrote a letter with a good (legit) story, plus documents.
2. Got the standard shut up and pay up letter back.
3. Wrote and said, let's go to Court and let the Court decide.
4. Got a letter back saying we will apply for a Hearing Date.
5. Few days later got another letter saying your letter has been
considered and the fine will be waived... don't let it happen again
(standard letter... the good one).

Sounds to me like the cnuts never even read my letter the first time
round. But when they did in preparation to going to Court, they
realised I was legit , and had a good chance of getting off in Court.

So moral of the story, don't knuckle under to those ignorant council
bounty hunters when you have a legit excuse.

Cheers... jondee86


That is exactly what happens. No one actually reads your first letter. They just say tough luck pal, pay up on their standard letter.

When you request a defended hearing, which most kiwis won't do because they are sheep, someone further up the food chain actually looks into your case. If you have half a leg to stand on, they will waive it.
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Postby Mr Revhead » Wed Sep 22, 2010 10:46 am

I am actually very surprised.
Because according to the law, you DID break the law.
Being the subject of E-whinges since 2004 8)

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Postby B1NZ » Wed Sep 22, 2010 6:36 pm

But I see this as a bullshit law, I think as long as you are not driving the car, it should be fine if it is outside your place of residence if as in Jondee's case you are awaiting parts to fix it etc and have no where else to park it
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The head in the sand approach to Law and Order :)

Postby jondee86 » Wed Sep 22, 2010 6:39 pm

Mr Revhead wrote:I am actually very surprised.
Because according to the law, you DID break the law.


Not saying I didn't. But in the first place the Council treat issuing
the ticket as an "Instant Fine" when it is not... it is contestable in
Court. They will try and BS you into paying even when you have a
legit explanation.

In the second place, eveyone will at some time will inadvertently
break the Law. And the concept of "Justice" allows that if you were
doing your best not to break the Law, there has to be some latitude
in applying (or not applying) the prescribed penalties. That is why
on serious charges, penalties range all the way from convicted and
dicharged, to life imprisonment.

So adopting a holier than thou attitude, is simply failing to address
the real issues involved.

Cheers... jondee86
1984 AE86 Corolla GT Liftback, NZ new... now with GZE
spec small port, twinscrew s/c and water/methanol injection :)

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Re: The head in the sand approach to Law and Order :)

Postby blindnz » Wed Sep 22, 2010 7:51 pm

jondee86 wrote:
In the second place, eveyone will at some time will inadvertently
break the Law. And the concept of "Justice" allows that if you were
doing your best not to break the Law, there has to be some latitude
in applying (or not applying) the prescribed penalties. That is why
on serious charges, penalties range all the way from convicted and
dicharged, to life imprisonment.


Only partly true. the court is there to apply the law not for justice if you break the law you will be prosecuted. So usually you will get found guilty and pay a smaller penalty (akin to justice) but you would still be guilty.
In your case i think you would be found guilty and told to pay the fine as there is no penalty range it is just a set fee.

P.s. i am happy that you got off but i just think that if you had taken it to court the outcome would not have been what you would have liked. But the effort and cost of hiring a lawyer isnt worth it for the small fine.

So i do think you got lucky.
Last edited by blindnz on Wed Sep 22, 2010 7:53 pm, edited 1 time in total.
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Postby Mr Revhead » Wed Sep 22, 2010 7:51 pm

I was merely pointing out my opinion of one aspect of it, not my opinion of the law itself :wink:
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Re: The head in the sand approach to Law and Order :)

Postby jondee86 » Wed Sep 22, 2010 8:26 pm

blindnz wrote:So i do think you got lucky.


More than likely :) And I had no intention of going to Court. There
is an option to plead guilty by letter and offer an explanation. But I
also considered the possibility that the Council prosecutor may have
had better things to do with his time. Fixing a time for the hearing
wastes half a day, and the hearing itself another half a day. All of
that for a $200 fine ?

Of course the Law has nothing to do with dispensing Justice. But
there are still people who understand what being fair and reasonable
is all about. And I am just naive enough to think that one of them
may be alive and well and working in the prosecutions office :)

Cheers... jondee86
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