Parking
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How to request a parking ticket review
A brief summary of your legal rights is outlined on the reverse of the
infringement notice. Read it carefully together with the following information
to find out if you would benefit from appealing.
Auckland City Council seeks to be fair in relation to infringement offences and
will consider matters that you raise with us about the circumstances in which
the infringement notice was issued. In some cases, the council may choose not to
pursue the infringement any further. However, there are some circumstances that
we are more likely to consider favourably than others.
Considering an appeal
Review process
Requesting a court hearing
Parking ticket has been lodged at court
Considering an appeal
You might want to write in if:
- You had a medical emergency that prevented you from removing your vehicle
- your vehicle was broken down and you could not move it
- your vehicle was stolen
- you were detained by the police.
Note: supporting documentation is required for all reasons above.
See query your parking or bus lane fine for
different ways to submit your request.
You would have very little reason to write in if:
- you lost track of time or the reason why you parked in a particular place took
longer than you expected, e.g. hair appointment
- you did not see the sign
- you did not understand the parking sign
- you have a permit but were not displaying it at the time
- you went to get change for the pay and display machine (you are only entitled to
five minutes for this)
- your pay and display receipt or permit was not displayed correctly before
leaving your vehicle.
- you had to use the toilet
- you were picking up or dropping off a passenger
- other vehicles were parked illegally or inconsiderately
- you were unaware your licence label or evidence of inspection (WOF) sticker had
expired.
See query your parking or bus lane fine for
different ways to submit your request.
Review process
We take several factors into consideration,
including the law, the impact on other road users, the facts on the infringement
notice and the circumstances outlined in the submission.
We also looks
at supporting documents such as photographs, witness statements and delivery
documents.
After considering all available information, we make a
decision to either cancel or proceed with the infringement notice.
A response
letter or email is then sent to the customer.
The review process can take up to 20 working days. During this period, please do not pay
the infringement. A letter or email will be sent advising whether the infringement has
been withdrawn or if it must be paid.
Contact us if you haven't had a response
from us after 20 working days.
Requesting a court hearing
There are two options available
for having an infringement notice considered by the Courts:
- Written submission
- Sending a written submission means that you do not appear in court.
- This option is the only one available if you wish to plead guilty but
feel you have good reasons that may excuse you.
- Your written submission and any previous correspondence you may have
sent to Auckland City will be forwarded to the court on your behalf. If you have
additional supporting evidence, include it with your request for a submission
hearing.
- Justices of the peace will consider your submission in chambers and
you will be notified of their decision by mail.
- Defended hearing
- A defended hearing is when you believe you are not guilty.
- The hearing requires you to appear at court on the specified day.
- The court clerk will read out the defendants' names and when your name
is called you will be asked to make your plea. Once you have pleaded not guilty,
your case is usually heard the same day.
- Justices of the peace will consider what you and Auckland City
Council's prosecutor and witness (usually the parking officer who issued the
infringement notice) have to say before making a decision. If you have a witness
or witnesses that you want to appear on your behalf please make sure they are at
court on the day.
- If you request this option, you will be served with a notice of
hearing, giving full details of when you are required to appear in court.
If you plead guilty (written submission) or are
found guilty (at a defended hearing) of the offence, the court will order you to
pay the fine and any other costs ordered by the court. If you choose either of
these options, please
write to us
with the following information:
- full name (initials not accepted)
- postal address or address where notice of hearing may be served
- date of birth
- whether you would like a written submission hearing or a defended hearing
- infringement notice number(s)
- vehicle registration number
- date and signature.
Please note only the person who parked the vehicle may
request a court hearing.
Parking ticket has been lodged at court
Infringement notices can be
lodged at court for two reasons:
- You have requested a court hearing or made a
written submission to the court
- The fee was unpaid after the final payment
date on the reminder notice
If the infringement notice was
lodged at court as it was unpaid, it has already had an extra $30.00 lodgement
fee added. A further $100.00 will be added if payment is not made within 28
days and the Court takes enforcement action.
You may be entitled to apply for
the infringement notice to be removed from Courts and reissued by the Auckland
City Council, which will let you make payment without these extra costs or send
in an explanation for us to consider.
Applications are only considered
for limited reasons (see s78B of the Summary Proceeding Act 1957). Some of these
are:
- Reminder notice sent to the wrong address
- You will need to include proof you have
updated the Motor Vehicle Register
- NZ Post has confirmed a mail delivery
problem
- Ownership of vehicle was changed prior to
infringement
- You will need to include proof you have
updated the Motor Vehicle Register
- Customer made submission for review of
infringement notice but did not receive response
- Must have made attempt to follow up on
outcome before final payment date had passed.
If one of the above is what
happened to you, you should apply for the notice to be reissued under section
78B of the Summary Proceedings Act 1957.
You will need to contact the
Ministry of Justice to request a form 57.
Visit
www.fines.govt.nz for more information
on the fines process.
My Infringement Notice is Lodged At Court, But I Paid
The Fine
If you believe the fine was paid before it lodged at court,
contact us as soon as possible.
You will need to supply proof of the payment
either a receipt or a copy of your bank statement. Mail it to Auckland City
Council, Private Bag 92516, Wellesley Street, Auckland 1141 or e-mail a scanned
copy to
parking.infringements@aucklandcity.govt.nz.