Traffic fines - how you can beat them

If you're one of those people always getting parking or infringement fines, move to Auckland's North Shore - you're more likely to be let off there.

A Herald on Sunday investigation has revealed the North Shore City Council cancelled more than 15,000 traffic fines in the last financial year, a whopping 40 per cent of the nearly 40,000 fines dished out.

Other councils across the North Island are much less lenient, with an average of 9 per cent of all fines being successfully disputed.

And it is definitely worthwhile to write in to challenge fines. The majority of councils surveyed let more than half the people off who formally challenged their fines.

Of the councils that provided information, between 29 and 73 per cent of people challenging their fines were let off.

Wellington took the prize for the most lenient, with 21,000 fines being disputed and more than 15,000 (73 per cent) being let off.

Waitakere was the stingiest, letting off just 3345 of the 11,700 people who disputed fines (29 per cent). Some councils could not provide the numbers who disputed fines, giving only the numbers of fines handed out, and the numbers who successfully appealed. North Shore was one of these.

North Shore City Council project maintenance and operations manager Simon Guillemin said: "I couldn't comment on why we're more forgiving."

But he said a high number of Warrant of Fitness or registration fines were waived because the fine often prompted people to warrant or register their cars. Once they proved this, they are often let off the fine.

"We've got to be reasonable and there are circumstances we take into account. The measure of success is every officer goes out and doesn't have to issue any tickets.

"But that's not the reality."

Guillemin said each appeal was treated differently and was considered on the strength of the explanation. "And no, it's not about revenue gathering."

Waiving fines was more of an art as opposed to a science, said Colin Waite, parking manager at Waitakere City Council and deputy chair of the New Zealand Parking Association.

"The adjudicator gets the feel of the letter and the tone of the correspondence. The explanation, contrition, the circumstances - all of these things are taken into account."

If someone's explanation fitted into set guidelines, then the fine would be waived, he said.

Contrary to other advice given to the Herald on Sunday, Waite said "persistence doesn't work".

Abuse was no help at all. He said one council he worked at received letters smeared with blood and faeces.

"They're the letters we don't cancel."

Manukau parking and road safety manager Liz Hogan said: "We don't waive a lot of tickets because we have a warning system in place."

She said in cases such as when a warrant of fitness had just run out, offenders would get a warning. But if it happened again a week later, they would be fined.

"Our leniency is at the front end rather than after the ticket has been issued."

The main reason people are let off is for medical emergencies or breakdowns. "At the end of the day they would have to prove they had a breakdown.

"We've had people where they've had medical conditions and have had their doctor writing in advising of their issue."

Auckland City Council, under the gun for its attitude to bus lane infringements, did not supply its information in time.

Persistence pays off in ticket disputes

Want to get off your fines? Gather as many facts as you can and don't give up if you believe you are in the right - that's the advice from those who have successfully fought council ticket staff.

Sam Durbin was fined $200 by Auckland City Council for parking outside his house with no warrant of fitness at 7am on a Sunday - he was booked in for his warrant check the next day.

"I thought it was unfair to get a ticket on a Sunday morning on a quiet street pretty much outside my house, especially when I was going for a warrant the next day.

"I didn't have off-street parking at the place I was living. The road is always quiet.

"I wrote to them... I sent them copies of the warrant of fitness check-list as well.

"They sent me a letter which didn't address any of the points I raised.

"So I wrote to them again, saying they didn't address anything I'd said. I said 'the person hasn't seemed to have even read the letter'.

"It took a number of weeks for them to reply, then they wrote a letter saying they'd decided to let me off. It seemed like an administration cost - they'd decided it was too much hassle to pursue it."

Durbin's advice is to not let up if you think you're in the right. "Just be persistent and don't let them use meaningless letters to try and throw you off."

Lawyer Paul McBride has represented several clients trying to get off their fines, sometimes taking matters to the High Court. He's also fought councils over 27 of his own tickets.

"A large number of them went to the District Court and were tossed out," he said. "First thing is to write to the council giving as much information as you can as to why they're wrong to have given you a ticket. If you don't get any joy with that and you back yourself, you can defend any of the cases in court."

He said when a ticket was disputed, the clerk would look at it and send a standard form response, either accepting or not accepting. "The only time they're likely to give more detailed consideration is when the matter is being prepared for court."

It could cost a lot of money to fight council tickets in court, he said, but for some people it was a matter of principle.

"Everyone needs to comply with the law, even the city councils."

Beth fined, Blair gets warning

Want proof that solid information is the key to getting off your fines? This couple's story shows it.

Auckland City Council fined Beth and Blair Robinson $150 each for driving in a Quay St bus lane earlier this year.

Although they were fined for the same offence, in the same place, an hour apart, Blair was let off but not Beth.

Why? It seems Blair gave more information in his letter asking to be let off.

Blair wrote separate letters to the council for him and Beth.

In his letter, Blair said there were no signs on his journey stating the bus lane's operating times and the council website said the bus lane operated from 7am to 9am, subject to change. He was caught at 9.19am.

He also noted there was a large amount of roadworks on Quay St, which directed traffic into the bus lane.

Beth's letter did not mention the lack of signage or website confusion, focusing on the roadworks which directed her into the bus lane.

More than a month later they both received letters from the council.

The response to Beth said in Auckland there would always be delays due to road works and it was the driver's responsibility to be aware of signs and adhere to restrictions. She had to pay.

The response to Blair said the Quay St bus lane operated 24 hours and although the fine was valid, he would be let off with a warning.

An Auckland City Council spokesman said fines were looked at case by case.

The extra information, it would seem, was the difference.

How to fight a ticket:

* Record the actual facts or issues at the time.

* If you have a camera or camera phone, take a photo of the event.

* If there's anyone else with you, get them to write down what they remember.

* Put as much information as you can to the council and seek as much information as you can from the council.

* Don't be put off by initial rejection - send another letter.

* If that doesn't work, request a court hearing.

* Bear in mind that different councils deal with fines in different ways.

Tell us about your infringement nightmares:

* Email us at letters@hos.co.nz
* Write to us at PO Box 32, Auckland