Discriminatory issuing of infringement notices & application of the Land Transport Act 1998 /Wellington Consolidated Bylaw 2008
D Dahya made this Official Information request to Wellington City Council
Wellington City Council did not have the information requested.
From: D Dahya
Dear Wellington City Council,
I would like to know why in the case of infringement number 114616842 where atleast 4 vehicles parked on Brandon Street(Wgtn) in December last year were all in breach of the Land Transport Act 1998 /Wellington Consolidated Bylaw 2008 but the only vehicles issued an infringement notice were the 2 (rightmost vehicles) belonging to drivers of Indian ethnicity. One of them was issued to myself, an Indian, for not paying for the parking space despite the ticket being issued outside the chargeable period and during the free parking period (after 6pm on a Friday).
The other 2 or 3 vehicles were not issued any infringements on the day despite being parked outside the boundary's of their parking space which legally is an infringement.
I have asked Parking Services last month the reason why those other vehicles were not issued infringement notices and received no direct and clear response to it hence this information request for those answers.
I would also like to know why the second Indian driver that was 'ticketed' (which I had spoken to) was issued an infringement notice for parking outside his parking space but the others were not?
The parking officer only photographed my vehicle at the time the ticket was issued. Why didn't the parking officer photograph the other vehicles that were parked 'off centre'?
Points to note are ;
- My infringement notice was issued during the free parking period.
- I have asked the WCC to put this matter on hold until I receive a response to my information request -the fine is due for payment this by Friday 31st this week.
- Michelle Riwai (WCC) claimed that I had said it was impossible to determine who started the initial off centred parking first(causing the other 3 vehicles to park outside their parking space)- whereas it was the WCC Parking Services employee who stated this point in his correspondence. I had advised that it was easy to determine who started this as it was the driver of the leftmost vehicle -which caused the next 3 rightmost vehicles to park off centre(and outside the parking space boundary)
- The above point is irrelevant as the real point is that those vehicles parked outside their parking spaces were illegally parked but were not issued infringement notices.
Yours faithfully,
D Dahya
From: BUS: IRO
Wellington City Council
Thank you for your email, sent to the Issues Resolution Office at Wellington City Council.
This email address is monitored throughout the day, and emails are actioned on a priority basis. Where required, you will be contacted in due course.
We appreciate your patience.
Wellington City Council Issues Resolution Office.
From: Chris Brown
Wellington City Council
Hello Mr Dahya,
Thank you for your communication.
I have followed up with the Council's Parking Services team, but they have a unit that deals directly with issues that arise through Parking Infringements and complaints about them - instead of the office I work for.
I have been advised that they are happy to work with you to answer your questions, but the most recent communication between you is that they have asked you to clarify what it is you are seeking.
Please respond directly to Michelle Riwai, on the email address you have for her.
Kind regards
Chris
Chris Brown | Issues Resolution Officer | Governance and Assurance | Wellington City Council
P 04 803 8368
E [email address] | W Wellington.govt.nz | |
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From: D Dahya
Dear Chris Brown,
Firstly, Parking Resolutions have not put the hearing on hold (until they provide the requested information) as I requested. This is important as it will impact on the upcoming hearing in terms of my additional submission at the hearing and so ask again to put the hearing on hold until I receive this information.
Secondly, Parking Resolutions have advised on the 10/4/17 that the appeal is progressing to a court hearing and will notify me shortly of the date.
Thirdly, my letter above explains clearly what questions I am seeking answers to- which I have put to them since January this year and have been repeatedly ignored or the responses have been very unclear and vague hence the request via FYI.org.
My last communication with them was on the 10/4/17 to advise me they are progressing with the court hearing process and will notify me of the date .
To simplify things even further I have extracted the main questions from my letter above but I expect any other requested information to be provided prior to the hearing.
-I have asked Parking Resolutions last month the reason why those other vehicles were not issued infringement notices and received no direct and clear response to it hence this information request for those answers.
-I would also like to know why the second Indian driver (which I had spoken to) was issued an infringement notice for parking outside his parking space but the others were not?
-The parking officer only photographed my vehicle at the time the ticket was issued. Why didn't the parking officer photograph the other vehicles that were parked 'off centre'?
- My infringement notice was issued during the free parking period- historically this was never done previously and so no infringement should have been issued to me. * If you do not agree then explain why?
- I have asked the WCC to put this matter on hold until I receive a response to my information request -the fine is due for payment this by Friday 31st this week.
- Michelle Riwai (WCC) claimed that I had said it was impossible to determine who started the initial off centred parking first(causing the other 3 vehicles to park outside their parking space)- whereas it was the WCC Parking Services employee who stated this point in his correspondence. I had advised that it was easy to determine who started this as it was the driver of the leftmost vehicle -which caused the next 3 rightmost vehicles to park off centre(and outside the parking space boundary) .
I seek acknowledgement/correction that the above point was stated by Ravi and not myself in his correspondence to me.
Yours sincerely,
D Dahya
From: Chris Brown
Wellington City Council
Hello Mr Dahya,
Thank you for your email.
As I stated in my first response, for Parking Infringement matters, you really need to work through the Parking Enforcement team at the Council. Having said that, I have looked through the email trail between yourself and the Council and can see that your questions have been substantively answered already.
I have attached the key emails to this chain directly under this response, and above your email asking the questions, however to reiterate:
Q1 - I have asked Parking Resolutions last month the reason why those other vehicles were not issued infringement notices and received no direct and clear response to it hence this information request for those answers.
A1 - you were advised that the other vehicles were not 'ticketed' for inconsiderate parking, you were not either by the way, as the Council very rarely issues infringements for this for angle park spaces
Q2 - I would also like to know why the second Indian driver (which I had spoken to) was issued an infringement notice for parking outside his parking space but the others were not?
A2 - the other Indian driver was not issued an infringement for inconsiderate parking. If you wish to confirm exactly what his infringement was for, this can be covered further but is not relevant to your infringement
Q3 - The parking officer only photographed my vehicle at the time the ticket was issued. Why didn't the parking officer photograph the other vehicles that were parked 'off centre'?
A3 - your vehicle was photographed as evidence that it was still parked after over an hour without payment, not for it's positioning in relation to the boundary of the space. The other vehicles did not require photographing
Q4 - My infringement notice was issued during the free parking period- historically this was never done previously and so no infringement should have been issued to me. * If you do not agree then explain why?
A4 - You were issued an infringement of $40 because you were parked in a metered parking space without money being paid for use of the space. As I understand it from the data supplied via our parking sensors is that you entered the carpark at 5.38pm and left at 7.42pm. The infringement was issued at 6.49pm.
Any further communication on this needs to be through the Parking Disputes Resolution process as you have already been advised.
Kind regards
Chris
Chris Brown | Issues Resolution Officer | Governance and Assurance | Wellington City Council
P 04 803 8368
E [email address] | W Wellington.govt.nz | |
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From: Michelle Riwai <[email address]>
Sent: Thursday, 16 March 2017 4:29 p.m.
To: '[email address]'
Subject: RE: Infringement notice 114616842
Good afternoon David Dahya,
Jane Hill, Acting Chief Operations Officer has requested that I respond to your email on her behalf.
In response to your queries I can confirm that you were issued an infringement of $40 because you were parked in a metered parking space without money being paid for use of the space. As I understand it from the data supplied via our parking sensors is that you entered the carpark at 5.38pm and left at 7.42pm. The infringement was issued at 6.49pm.
I understand that you have raised concerns also around having a flat tyre which distracted you from paying for your space. While I do not dispute this was the case, unfortunately this is not a valid reason for requesting that your infringement be waived. Based on this I do not believe it is necessary to speak with other vehicle owners to confirm if you had a flat tyre or not. Your vehicle was parked in the space for just over an hour before the infringement was issued giving you substantial time to pay for your parking.
You raise issues around inconsiderate parking in your email. I can confirm that no infringements were issued for inconsiderate parking to yourself any other vehicle at the time of your query. For the reasons that you mention in your correspondence we very rarely use inconsiderate parking as an offence, in particular for angle type parking spaces. As you mentioned it is almost impossible to determine who parked badly first and the flow on impact to other parkers. To reaffirm no infringements were issued in this instance for inconsiderate parking.
In summary your infringement has not been waived and I agree that the ticket will be upheld. This means that you must pay the infringement as soon as practicable. I note that payment was due tomorrow March 17, 2017. I have agreed to extend this time by two weeks to allow you the opportunity to consider my response and/or make payment. This means that if you choose not to pay the matter will be referred to the courts on March 31, 2017.
If you disagree with this decision you have the right for this decision to be reviewed by the Court. You can request a court hearing by responding to this email. We will make this application on your behalf. For more information on this process go to wellington.govt.nz/parking.
I trust this information is useful.
Regards
Michelle Riwai
Parking Services Manager | Wellington City Council
P 04 830 1235| M 021 2708135
E [email address]| W Wellington.govt.nz |
Wellington City Council
wellington.govt.nz
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From: David Dahya [mailto:[email address]]
Sent: Thursday, 16 March 2017 2:18 p.m.
To: Jane Hill
Subject: Infringement notice 114616842
Chief Operating Officer
Wellington City Council
PO Box 2199
Wellington 6140
New Zealand
Dear Jane Hill
I would like to raise the following matter regarding the circumstances under which an infringement notice was issued to me last December.
Firstly, due to escalating this matter to you, which I was not advised I could do, I ask for an extension on the due date for this infringement notice(17/3/17 tomorrow) until such time you have had appropriate time to look into this matter.
Please refer to letters dated 6th & 14th February 2017 sent to WCC enforcement services regarding this infringement.
I am asking for my fine to be waived due the reasons/circumstances below which relate to failing to acknowledge a flat tyre on my vehicle at the time the infringement notice was issued and exercising discriminatory behaviour by failing to acknowledge 'inconsiderate parking' and failing issue infringement notices as per relevant legislation.
I have noted the key points below in relation to the relevant legislation ie Wellington Consolidated Bylaw 2008 and the Land Transport Act 1998.
- The reason I was distracted from paying for the parking space was due to; my flat tyre (concern and how to resolve it) and my wasted efforts in trying to locate the driver of the initial 'mis-parked' (parked outside the lines of the parking space) vehicle that caused 3 other vehicles to 'mis-park' - I would not have wasted this effort had the vehicle been issued infiringement notices for the offence - this was the role of the enforcement officer on duty at the time.
- While my vehicle was being issued a infringement notice it had a flat tyre - the parking enforcement officer would have noticed this at the time. WCC failed to obtain confirmation of this point (the flat tyre) when I had requested so/at the appropriate time.
- The other vehicles were not issued infringement notices for their offences of 'mis parking' ('inconsiderate parking') - except myself (for not paying for parking space) & the Indian/Sri Lankan driver.
- I understand that the adjacent driver(Indian/Sri Lankan) was fined for 'mis parking' but not the other 3 vehicles.
- WCC could have confirmed everything I have stated by simply asking the adjacent driver at the appropriate time.
In my inital letters I asked WCC to obtain confirmation of the 'mis parking' and my flat tyre from the driver of the adjacent vehicle (Indian/Sri Lankan ethnicity) but this was not done. I have also noted the color of this drivers vehicle in my previous correspondance ie a red Ford Falcon or Holden .
- The 'mis-parked' vehicles were still present on my return to my vehicle.
-There were atleast 3 vehicles(next to me) that breached the relevant legislation for 'inconsiderate parking' but only 2 were issued infringement notices - mine and the other Indian driver.
In summary, it is a serious matter where it appears WCC applied questionable & selective application of the Wellington Consolidated Bylaw 2008/ the Land Transport Act 1998 by not issuing infringement notices for 'inconsiderate parking'.
The enforcement officer failed to acknowledge and penalise as per relevant legislation drivers of 'inconsiderate parking'.
Please acknowledge receipt of this email please.
Yours sincerely
David Dahya
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From: D Dahya
Dear Chris Brown,
This is my response(R) to your answers(A) and I am waiting for a hearing date.
A1 - you were advised that the other vehicles were not 'ticketed' for inconsiderate parking, you were not either by the way, as the Council very rarely issues infringements for this for angle park spaces
R1 I was only given that reason much later ie that inconsiderate parking is rarely issued infringement notices.
A2 - the other Indian driver was not issued an infringement for inconsiderate parking. If you wish to confirm exactly what his infringement was for, this can be covered further but is not relevant to your infringement
R2 Yes, I would like the reason for his infringement if it wasn't for inconsiderate parking.
You're missing my point here, which I have stated repeatedly, which is irrelevant of the type of infringement, the legislation was applied in a discriminatory manner. Only the 2 Indian drivers were issued infringement notices -the other offending vehicle drivers were not.
A3 - your vehicle was photographed as evidence that it was still parked after over an hour without payment, not for it's positioning in relation to the boundary of the space. The other vehicles did not require photographing
R3 You say my vehicle was photographed because I did not pay for parking which is an offence under the relevant legislation so does that not mean that the other inconsiderately parked vehicles also committed an offence under the same legislation yet they weren't photographed? So, in effect, the other vehicles did require photographing. Wasn't the Parking Officer obligated to photograph those offending vehicles as well? Why didn't WCC gather evidence of the other offending vehicles -the ones that were parked there by non-Indians?
A4 You were issued an infringement of $40 because you were parked in a metered parking space without money being paid for use of the space. As I understand it from the data supplied via our parking sensors is that you entered the carpark at 5.38pm and left at 7.42pm. The infringement was issued at 6.49pm.
R4 Rarely(or never) were infringements issued, for not paying for parking space, during the free parking period ie after 6pm.
Chris, can you tell me whether, prior to the new technology (sensors) being installed, infringement notices(for not paying for parking space) were issued during free parking periods and, if not, why not?
If it is rare to issue infringements for inconsiderate parking isn't it just as rare to issue such infringements during free parking periods?
As I said I am waiting for a hearing date.
Yours sincerely,
D Dahya
From: Chris Brown
Wellington City Council
Mr Dahya,
We need to get this straight.
You were not issued an infringement for inconsiderate parking.
The other Indian driver was not issued a ticket for inconsiderate parking. I will inquire as to what his infringement was for.
The other vehicles were not issued infringement notices because they were not infringing - We cannot issue notices for offences that were not being committed.
The same goes for photographing the vehicles - yours was photographed because you were committing an offence. The other vehicles, although parked inconsiderately across the lines like yourself, were not committing infringements. Therefore they were not photographed.
Prior to sensors being installed, vehicles were given infringement notices for being over time, just as they are with the sensors. It just required Parking Officers to record when the vehicles were sighted beyond the time allowed.
You have not been issued an infringement because you are Indian. The Council does not discriminate against drivers, including by race, and takes complaints of this nature very seriously.
You will receive your court date in due course.
Kind regards
Chris
Chris Brown | Issues Resolution Officer | Governance and Assurance | Wellington City Council
P 04 803 8368
E [email address] | W Wellington.govt.nz | |
IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments.
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From: D Dahya
Dear Chris Brown
Here is my response.
- I know I have that I have not been ticketed for 'inconsiderate parking'- I have always known. Where have I stated that I was ticketed for 'inconsiderate parking'?
- I know that the adjacent Indian driver was not ticketed for 'inconsiderate parking either'- refer my reply R2 above. You will advise what type of infringement was issued prior to hearing date.
-Your response "The other vehicles were not issued infringement notices because they were not infringing - We cannot issue notices for offences that were not being committed."
Chris, inconsiderate parking IS an infringement under the current relevant legislation- is it not? You have acknowledged they were 'inconsiderately parked'. Your 20/4/17 correspondance above states "..the Council very rarely issues infringements for angle park spaces" which implies it IS an offence - correct me if I'm wrong. The Parking Officer just decided not to issue them infringement notices - only to the 2 Indian drivers.
Chris please clarify this point as the information I have been getting from you/Parking Services has been contradictory & I need the correct information prior to the hearing date. Is 'inconsiderate parking' an infringement or not?
2 Indian drivers were issued infringements -there were 5 vehicles that were infringing- so they all needed to be photographed.
If that is not discrimination what is? I take such matters seriously.
Chris, you have stated "Prior to sensors being installed, vehicles were given infringement notices for being over time, just as they are with the sensors. It just required Parking Officers to record when the vehicles were sighted beyond the time allowed"
Your response to R4 above does not answer my question and again you are confusing the issue.
I am not referring to 'exceeding parking time' - as you have advised I have been fined for not paying for parking space,hence, I am referring to 'not paying for parking space'.
Once again, can you tell me whether, prior to the new technology (sensors) being installed, infringement notices(for not paying for parking space) were issued during free parking periods and, if not, why not?
If it is rare to issue infringements for inconsiderate parking isn't it just as rare to issue such infringements during free parking periods?
Regardless of the hearing date I request an answer to all my questions in this 8th entry.
Chris, I hope this finally clarifies my position/view to you.
I have requested a hearing date and as you have advised you will let me know.
Regards
D Dahya
From: D Dahya
Dear Chris Brown,
Due to the large communication involved throughout this request I will simplify it below.
-Firstly, you failed to correct my understanding that the cut off time for payable parking period on Fridays is 8pm not 6pm as I had noted in all my correspondence to you. This was one of the main reasons why I decided to challenge the infringement notice in court. Not only was I caught unprepared at the hearing, it resulted in a time wasting unnecessary court hearing(at my expense) which is not conducive of a fair and open communication expected from a government agency nor is it acting in good faith on behalf of the Wellington City Council.
As per my request you said you would advise me what type of infringement was issued to the adjacent driver (who is Indian) prior to hearing date(on the 26th May) and you have failed to do so. I am still waiting on this information.
- Your response that the other vehicles were not infringing was in fact incorrect. Inconsiderate parking is an offence under the law. At the hearing it the Parking Officer acknowledged his role is to issue infringements where there are breaches under the law. It was acknowledged he didn't do so in this case.
-As I have repeatedly advised my claim of discrimination still stands until you provide an answer to my question(which I have repeatedly asked) "Why were only 2 of the 5 vehicles that were infringing issued fines(those 2 were Indian drivers). The other 3 drivers who were 'inconsiderately parked' were not fined.
You have advised there is no discrimination involved in this matter and you take complaints of this nature seriously then do so by answering my questions below as I am providing you an opportunity to prove there wasn't discrimination involved .
1. Why were only 2 of the 5 vehicles that were infringing issued fines(those 2 were Indian drivers). The other 3 drivers who were 'inconsiderately parked' were not fined.
2. What was the infringement issued to the adjacent (Indian)driver?
3. Did the Parking Officer involved take photographs(as he is required to do) of the other 3 vehicles that were 'inconsiderately parked'?
4. Prior to the SmartPark technology (using sensors) being installed were infringement notices(for not paying for parking space) issued during free parking periods and, if not, why not?
Yours sincerely,
D Dahya
From: Chris Brown
Wellington City Council
Mr Dahya,
Thank you for your email.
I have made inquiries as to the other infringements that were issues with notices in that street on that day, but the Parking Services team were unable to locate another infringement notice in close proximity to the place in which you were parked.
What they were able to tell me was that of the infringement notices issued in that street on that day, they were all for the following offences:
No Payment
Expired Payment
Exceeding the Maximum Time limit in a space.
The other vehicles, whether parked inconsiderately or not, were not issued with infringements for their parking. The wardens can exercise some judgement. As such, none of you were infringed for inconsiderate parking.
To answer your numbered questions -
1 - the other vehicles, whether inconsiderately parked or not, were not infringing in other ways, as you were. As such, they were not issued infringement notices.
2 - As above, I am unable to advise you what the infringement might be, if there was one, other than it would have been one of the reasons stated above (if at all). We would not have known it was an Indian driver, unless they made the warden aware that they were Indian at the time. The race of the driver does not affect whether or not they receive an infringement notice.
3 - The other vehicles were not issued with infringement notices. Therefore, they were not photographed. This was stated in my previous response.
4 - As I stated in my previous response (see below), prior to sensors being installed, vehicles were given infringement notices for being over time, just as they are with the sensors. It just required Parking Officers to record when the vehicles were sighted beyond the time allowed.
Thank you
Chris
Chris Brown | Issues Resolution Officer | Governance and Assurance | Wellington City Council
P 04 803 8368
E [email address] | W Wellington.govt.nz | |
IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments.
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From: D Dahya
Dear Chris Brown,
All other infringements issued that day on that street is irrelevant to me and my request.
1a. I have asked specifically what was the infringement notice issued to the vehicle directly to my left - the driver was of Indian descent and the vehicle was most likely blue (or possibly red) . Surely you are able to check whether any infringements were issued for this driver by his parking space number which would have been either 2172 or 2170 and similarly you can check whether there were infringement issued for vehicles for inconsiderate parking in parking spaces 2173 to 2175 or 2169 to 2167.
Here are further questions (either additional ones or clarified ones)
2a. does the smart park tech included parks that are 'first 2 hrs free?".
3a.-Can the technology distinguish between 2 different vehicles?
4a- Was the free parking period in Brandon street temporarily changed from 8pm to 6pm prior to Xmas last year?
5a. Can the Parking Officer on duty at the time confirm the following ..
-Were the inconsiderate parkers adjacent to me present at time the infringement was issued to me at 649pm?
-Were the inconsiderate parkers present at the time the overstay was recorded at 544pm that day?
This is question replaces question 4 in previous request.
-Prior to the SmartPark technology (using sensors) being installed were infringement notices issued (for not paying for parking space or exceeding time limit) after the chargeable period expired ie during the free parking period afterwards?
Conversley, after the Smartpark technology was installed (which now allows Parking Officers to confirm arrival, departure and duration times of parkers) can and do Parking Officers issue infringements (for not paying for parking space or exceeding time limit) after the chargeable period has expired ie during the free parking period afterwards?
Yours sincerely,
D Dahya
D Dahya left an annotation ()
In regards to the 6/6/17 reply from Brown WCC.
I find it concerning that WCC appear to be avoiding confirming whether the adjacent driver was ticketed or not - which is the key point my entire complaint is based on. Rather than respond with a general answer covering the entire street they could have easily just checked the parking space number in question. A fact I know that will confirm this driver did receive an infringement - because he told me as he removed it from his windscreen at the time of the incident - a claim I have made since this matter began in February this year.
From: D Dahya
Dear Chris Brown,
I have not yet received a response to my last request dated 6/6/17. In particular, 1a noted below.
I believe, regarding my request, I am merely 'Keeping it simple'. So this information should be easily retrieved as it is logged automatically on your system.
"1a.
All other infringements issued that day on that street is irrelevant to me and my request.
1a. I have asked specifically what was the infringement notice issued to the vehicle directly to my left - the driver was of Indian descent and the vehicle was most likely blue (or possibly red) . Surely you are able to check whether any infringements were issued for this driver by his parking space number which would have been either 2172 or 2170 and similarly you can check whether there were infringement issued for vehicles for inconsiderate parking in parking spaces 2173 to 2175 or 2169 to 2167."
Regards
D Dahya
From: Chris Brown
Wellington City Council
Hello Mr Dahya,
Thank you for your email.
I am sorry, but we are unable to assist you further with your query.
I understand your question, that you are seeking information as to what infringement was issued to the car 'to your left', either in space 2172 or 2170, but as I detailed in my response to you, which you have included below without the date, the Parking Services team were unable to locate another infringement notice in close proximity to the place in which you were parked.
We cannot provide you with information we do not hold, and there is no evidence held by the Council of an infringement issued to a vehicle either side of yours.
There were no infringement notices issued for inconsiderate parking to vehicles in the other spaces you mention.
I know this is not what you are seeking, but I cannot assist further. We are repeatedly going over the same questions now.
Please, if you are seeking to challenge the infringement notice you were issued with, follow the procedure for challenging infringement notices through the Council's Parking Services team.
Kind regards
Chris
Chris Brown | Assurance Advisor | Complaints & Information Assurance | Wellington City Council
P 04 803 8368
E [email address] | W Wellington.govt.nz | |
IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments.
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From: D Dahya
Dear Chris Brown,
If you refer back to the original correspondence on the matter ie in one of my first letter's to WCC it mentions that as I parked there was an Indian gentleman approach (with a another female) who I saw remove an infringement notice off his windscreen (possibly due to parking outside his parking space). His vehicle was blue or red 4 sedan.
I suggest you re-check the records as there is no reason why that particular infringement notice should not be your system- as it is a relatively new system that bought/introduced to be more efficient(?). That is the purpose of those sensors installed in the parking spaces.
Please confirm whether the adjacent vehicle (to my left) departed shortly after my arrival?
Whether there was an infringement notice issued for that parking space?
Or is WCC stating there was absolutely no infringement noticed issued for that space and the next 3 along from it(ie the 4 spaces to my left) at the time of the incident?
How long are the infringement notice records kept on the system for?
By the way, I have also noticed that since the initial correspondence WCC has, not ever, acknowledged (nor confirmed or denied) my claim of the red or blue vehicle, the Indian driver(possibly the registered owner of the vehicle) parked to my left.
Could you confirm whether your records indicate a red or blue vehicle parked to my left at the time of the incident?
Yours sincerely,
D Dahya
From: Chris Brown
Wellington City Council
Hello Mr Dahya,
Thank you again for your email.
I have again spoken with the Council's Parking Services team -with regard to the length of time that an infringement remains on the system, and specifically concerning your recall of another driver being issued an infringement in an adjacent space to you.
Parking infringements, and the information that relates to them, are retained on the system indefinitely.
There is no record on the Council system of another infringement issued to a vehicle in the spaces adjacent/close to yours. No infringements were issued for vehicles being parked outside of a parking space.
The Council cannot confirm or deny your statement that there was a red or blue car parked to the left of your vehicle at the time of the infringement. This is because we have no information that states there was a car meeting that description there at the time. No infringement was issued by the Council Parking Service team, so no details were recorded - if there was such a car there. What we have stated in communication with you is that the Council did not issue an infringement to a car in a close or adjacent space. For the reasons stated above, this would explain why we cannot confirm or deny the presence of the vehicle you talk about.
I am afraid that we really cannot provide you with any further information on this. We have no record of another vehicle, infringed or not. We have no record of an Indian driver. We have no record of further infringements, apart from that issued to your vehicle. This was not issued because your vehicle was not fully parked in a space, but because the parking fee was not current, as has been pointed out both through this correspondence, and in Court at the time of the hearing.
Kind regards
Chris
Chris Brown | Assurance Advisor | Complaints & Information Assurance | Wellington City Council
P 04 803 8368
E [email address] | W Wellington.govt.nz | |
IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments.
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D Dahya left an annotation ()
At the court hearing (I had to pay the fine as I acknoweldeged I was parked incorrectly but that was not the issue) I did ask the Parking officer involved whether he was obligated to issue tickets/fines in all such occurances/ where there were similar breaches of the Land Transport Act 1998 /Wellington Consolidated Bylaw 2008 - he replied yes.
Also, more importantly in reference to the correspondence history in this FYI request,in particular, to Chris Brown, he(and anyone from WCC) failed to mention that there was actual CCTV footage available on the day of the infringement. There is a CCTV camera affixed to the underside of the canopy on the corner of Brandon Street and Lambton Quay which has been there for some time. I find it unusual that no one from the WCC was aware of this as I had requested any CCTV footage at the time of the infringement.
D Dahya left an annotation ()
I refer you to a recent FYI request made today involving numerous errors in the process of informing me of an infringement notice in a timely manner.
https://fyi.org.nz/request/23308-wcc-s-i...
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Marcus Cook left an annotation ()
Seems to me if the cutoff time wasn't clearly stated as 8pm (on the machine and/or the street signs), that could be a reasonable defence to your actual infringement. My understanding is the free time was always from 6pm.
Council have covered why other vehicles weren't ticketed for parking outside the bay boundary - essentially, they have discretion that they covered.
I suspect you'd struggle to have a fine waived by the court unless you can show there was insufficient notice of the 8pm time.
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