Use the Law to Win

Since most people fighting their parking ticket are going to plead guilty or haven't got a clue what they are doing, over time many justices forget what the law says and why they have to follow it. They are expecting lame excuses, poor defences and complete ignorance. They are not expecting you to raise issues of law.

Very few prosecutors or justices are actually aware of what the law says about parking offences. This is where you step in. But you must be patient. The prosecutor will deny any of it is true. The justice will balk at the very idea that a mistake was made. You must gently bring them toward the truth by focusing on what the law says. By pointing it out, you give them nowhere to go. They must acquit you.

To do this, you must understand what the law says and what documents are required.

Quote the Law

Throughout this explanation specific sections of the Provincial Offences Act will be referred to. It is very important you state the correct section when you make your arguments in court.

For example, in order to convict you, the Crown and the officer who issued you the parking ticket must file documentary evidence in court and they must do it within 75 days after the day you got the parking ticket. One of the easiest ways to fight a parking ticket is to challenge whether this was done properly.

At trial, if you say:

They've only got 75 days to file the paperwork and they didn't do it in time.

You will receive blank stares and no one will believe you. But if you say:

Section 17(2) of the Provincial Offences Act requires court documents to be filed within 75 days. They have not done this. You must quash the charge.

You will sound like a credible and knowledgeable expert.

You should also note that the references to the Act are very specific. Section 17.1 (pronounced "section seventeen point one") is different than section 17(1) (pronounced "section seventeen subsection one").

At trial most justices and prosecutors use a reference book to look up the legislation, typically an "Annotated Provincial Offences Act". It is a thick book that has notations and/or cites case law for each section of the Act. While you can easily read a section of the Act on line, the book will take 10 or more pages to cover the same section because it contains annotations.

If you refer to the wrong section, they will look up the wrong section and wade through pages before losing patience and giving up. It will affect your credibility.

Make sure you refer to the correct section!