She gets a ticket without having committed any offence

Photo courtesy
Sandra Germain shows the citation she received at 1: 43 pm to have parked her car on a Montreal street, where the signage allowed yet at this time.

Benoît Philie

Sunday, 25 February, 2018 01:00

UPDATE
Sunday, 25 February, 2018 01:00

Look at this article

A woman of Lanaudière, which is contesting a ticket given by mistake in Montreal do not believe that the City requires him to appear before a judge and asks for a fee to have access to the evidence necessary for his defense.

“It is completely ridiculous and dishonest. It’s going to cost me more in gas and time to go to court to pay a fine issued unfairly, ” said Sandra Germain, who lives in Chertsey, more than an hour’s drive from the metropolis.

The woman has had a bad surprise on the morning of July 28 when she found a ticket of $ 53 on his windshield.

The day before, she had parked her car in a sector of the avenue of the Hotel-de-Ville, in the borough of Plateau-Mont-Royal, where a sign prohibits parking from 15 to 23 h.

However, the breach has been given by an officer at 1: 43 in the morning, outside of the hours of prohibition, can we see in a document of the municipal court.

“I’m often in the city and I know very well the area. The officer clearly made a mistake “, she says.

In court

Ms. Germain has sent in a plea of not guilty, accompanied by photos of the signage to contest the fine. However, the prosecutor assigned to the case chose not to withdraw the finding of a violation.

“On two occasions, officers of the municipal court I have mentioned that the photos could not be accepted as proof,” Mrs. Germain.

To the City, one states that a citizen must provide a file containing detailed explanations, backed up by documentary evidence, to challenge a fine.

A few weeks later, Ms. Germain received a letter stating that she will have to either pay or defend before a judge.

The lady has also contacted the borough of Plateau-Mont-Royal. He was told that it was impossible to request the cancellation of a statement of offence.

7 $ to prove the error

“However, the officer [of the district] told me that, for $ 7, it could produce an official letter that confirms the parking restrictions in the area, and that it could be used as evidence before the judge,” said Mrs. Germain, a shock of having to shell out the money to demonstrate the error of the City.

Contacted by The Newspaper, the district confirmed this information.

Meanwhile, Ms. Germain is still waiting to be called in court.

“This is not the derisory sum of $ 53, which bothers me, but the fact that it forces me to pay to dispute a fine that I never would have had to receive in the first place “, she says.

Compensation

In 2014, The Newspaper reported the story of a man who had lived a similar story. He had received a compensation of $ 120 to the City for the time lost, transport, and the efforts made to defend themselves.

The City confirms that a person who has spent time and money to challenge the error of a parking agent may apply for a pecuniary compensation claims office.

►Last year, the total amount of this type of claim amounted to $ 11,000. However, no citizen has been compensated.