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Thread ID: 65249	2006-01-12 02:12:00	Is it an offence to park outside your own house with an expired WOF?	Billy T (70)	PC World Chat

Post ID	Timestamp	Content	User
420376	2006-01-13 06:07:00	Thanks Andrew - We obviously lead very sheltered lives in Glen Oroua but we do have wild turkeys that wander on the side of the road.	Dally (6292)
420377	2006-01-13 06:17:00	NZ is not doing so fine regarding the number of antisocial hoons, boy racers, cars stolen and burnt out at the road side, and so on. We do have laws regarding the above. ChCh even went so far as to let the little "darlings" use Ruapuna Race track for their antics in a safe place. Unless you have a copper on every corner no country will stop the offenders. But in saying that, I would love to see the government give the police a lot more support re: more officers and equipment in order to be able to enforce the laws that do exist. That is where the holdup is. At least I have a standard for comparison which many dont. I have been over to England and still have family over there, and some who spent many years there before coming back. I, like them, came back thinking that NZ was a lot safer, had a better homelife, better scenery,etc. My head isn't in the sand. This country didn't cowtow to the yanks re: nuclear ships nor the illegal invasion of Iraq like Britain and Aussi did. Billy T: I've been done for being late with my registration and WOF twice now - a total of $800.00 - which I paid for dearly while on the benefit and living very leanly. Be a man and pay up.	MMM (5660)
420378	2006-01-13 06:39:00	Yep, your right, and they look disgusting. If i had one I could try and feed it to my son, then see how severe a beating I get from Mrs Metla.... It may look digusting to you my lad,but think if you didn't have Brit law,you may be residing in a pot at the moment,now that is digusting. :thumbs:	Cicero (40)
420379	2006-01-13 23:20:00	I think these are "strict liability" offences. This means that the normal situation of the prosecution having to prove the offence, is reversed, so that the defendant (Billy) has to prove the offence didn't occur. Usually pretty difficult to achieve. You are entitled to your day in Court but unless you want to commit perjury and compromise your integrity, you are better to take a deep breath and pay up. The enforcement problem is that every unwarranted/unregistered vehicle owner could say they had parked temporarily if the law allowed that defence. This law would become unenforceable, so it is strict liability. Otherwise the streets would be littered with illegal vehicles all "temporarily" parked.	Winston001 (3612)
420380	2006-01-13 23:44:00	10 years ago I was caught in a similar situation while waiting for a panel beater. Despite the ticket being issued by the Police, a Wgtn Police supervisor was disappointed that one of their staff was wasting time on parked vehicles. God knows there are enough moving vehicle offences to keep them fully occupied. The Wgtn council's policy at that time was to give 7 days to remove the vehicle. Everyone agreed that the ticketing was petty but I still had to pay :-(	PaulD (232)
420381	2006-01-14 00:22:00	Hi Team We have some new neighbours in our street and one of them has given us an unwelcome New Year's present . We have parked my wife's car on the road outside our house for the last 15 years or so, same car, same place . It failed its last warrant, so with Christmas expenses coming up we left it parked there and unused since November while we accumulated the money for the necessary repairs . It has current reg and with a personalised plate it is well known to all long-term residents of our somewhat secluded no-exit street . Last night we discovered that some kind person had reported it to the local Council, who had sent out an official who issued it with a "Stationary Vehicle" infringement notice for not having a current WOF . I was a bit gobsmacked to put it mildly, firstly that somebody would report my vehicle parked outside my own home, secondly that I would get an infringement notice when it was "at home and at rest" as opposed to having been driven somewhere and parked, and thirdly that the local Council would have the power to issue such a notice . The fine is $200, so needless to say I will be putting them through the hoops via a hearing etc before I give any thought to paying anything, and since the Council officer was only there for 1 minute I'll be expecting the complainant to front to the hearing, otherwise I'll be denying everything, like "the car was only parked there for two days" . My question is this: Does anybody know if it is a local body matter to ticket a vehicle parked outside its owner's home just because it has no WOF . I always though the crime was to "operate a motor vehicle without a current WOF" with "operating" requiring it to be driven, not just parked up at home . Would the Police issue a similar ticket if they happened to see it there? Cheers Billy 8-{) :mad: To cap it all, the vehicle was actually immobile, because when I went out to move it I found that some kind soul had broken into it during the last few days and pulled the barrel out of the ignition lock . Fortunately they made such a hash of it they couldn't turn the ignition on with their screwdriver so they had to abandon it! It is an offence to park your car anywhere on a public road without a warrant and/or registration . It does not matter if you do not intend to use it or not . Outside your house or anyone elses, immobile or not . Most of the time the police or the council are too busy to worry but if someone complains - a nasty neighbour perhaps - they are obliged to act . Unfair I know but that's the law . Roscoe .	Roscoe (6288)
420382	2006-01-14 04:46:00	The main reason councils go for the motorist with expired rego's, warrents etc is that they are a cash cow unlike rate payers. The councils are constrained by law in regards to rates under the rating powers act ( someone will find the link ). I.E. they can charge for your property land value, capital improvements, and supply of services ( whether or not you can recieve them or avail yourself of them ) The motorist however is a different kettle of fish. If you were so hapless as to be out shopping one day and were pounced on by the enforcement officers at each location you stopped at, each would be a seperate offence. In that regard the money that can be raised by the council is directly linked to the size of the catchment area, the number of enforcement officers employed and the stupidity or inability to pay of the motorists.	EX-WESTY (221)
420383	2006-01-14 05:22:00	We await B's decision,after all the wonderful advice and comments.	Cicero (40)
420384	2006-01-22 11:20:00	The Land Transport Act 1998 provides that: "Operate'', in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle ... So, parking is covered. The English language is wonderful, isn't it?	HenryC (9600)
420385	2006-01-22 12:24:00	Don't try and fight it Billy, it seems clear that you have committed an offence. I recommend you explain to them why you were parked there and they will most likely let you off.	george12 (7)
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