Mississauga: Parking Tickets Can No Longer Be Challenged In Court.

Update: see previous related posts – June 4, 2012 B.C: No More Court Dates Available To Fight Traffic Tickets, January 21, 2012 British Columbia (B.C.): Traffic Offences – Fines and Penalty Points, October 30, 2010 City of Vancouver’s New “By-law Notice Dispute Adjudication System” Used for Parking Tickets

British Columbia took steps years ago to begin to experiment with parking ticket courts.  Municipalities implemented pilot projects that took parking tickets out of the courts and into the hands of adjudicators. In Vancouver a motorist that receives a parking ticket can no longer challenge that ticket in court; instead, they only have an option to challenge their ticket through an Administrative Penalty System (APS) which includes a tribunal that includes an appeal over the parking ticket to a Screening Officer and a final appeal to the Hearing Officer (as an independent and impartial third party). Ontario’s cities Vaughan, Burlington, Oshawa and Brampton have all followed suit.

http://fightyourtickets.ca/wp-content/uploads/2014/03/2013-06-29_4479.jpg
The City of Mississauga motivated by additional revenue, decided in 2013 that they would move away from the traditional court system, where motorists challenged their parking tickets in the courts, to the Administrative Penalty System (APS). photo by fightyourtickets.ca

In Ontario, the cities of Vaughan, Burlington and Oshawa have all reported an increase in operating revenues once they eliminated the court system and as an alternative dispute system implemented an Administrative Penalty System (APS).

The City of Mississauga motivated by additional revenue, decided in 2013 that they would move away from the traditional court system, where motorists challenged their parking tickets in the courts, to the Administrative Penalty System (APS).

One of the highlights of this new system that the City of Mississauga considered, related to the Administrative Penalty System (APS),  is that it would eliminate future revenue loss from “writing off” tickets where trials were requested but not accommodated by allowing the City to control its own processes and resources ensuring that all hearing requests will be accommodated in a timely manner.

The City of Mississauga awarded the “Administrative Penalty System for Licensing and Parking Offences and Single Source Contract Award to ParkSmart Inc. for
Parking Enforcement and Administrative Penalty System Solution” for seven (7) years, ending in 2020 for the price of $1.2 million dollars. The ParkSmart Inc. included the APS system for the enforcement of licensing and parking offences.

The contract to ParkSmart Inc. included a supply of a Parking Enforcement and Administrative Penalty IT System Solution including hardware, software, accessories and related services was awarded to ParkSmart Incorporated.

People that receive licensing (by-law) tickets or parking tickets in Mississauga, will have to Request a review of the administrative penalty  by a Screening Officer. If the person who requested a review of administrative penalty isn’t satisfied with the decision of the Screening Officer, then that person can request a review of the Screening Officer’s decision with the Hearing Officer. The Hearing Officer will review the Screening Officer’s decision and make a decision in the matter. The decision of the Hearing Officer is final.

The new APS dispute system in the City of Mississauga:

  • Either the person receiving their ticket or their Authorized Representative can use this online service but not both.
  • The online screening request must be submitted within 15 days of the Penalty date.
  • You can use this same online service to check the status of your previously submitted online screening request by returning to this page and entering the Penalty Notice and Licence Plate number.
  • Failure to appear at time and date of screening will result in an affirmation of the Penalty and a Non-appearance Fee of $50.00, an MTO Search Fee of $10.00 and a Late Payment Fee of $25.00 will be applied. Non-payment of these amounts will result in the renewal of your vehicle permit being denied and you will be subject to an additional Plate Denial Fee of $20.00.

see source

example ticketThe City of Mississauga will be using a new process for the enforcement of most of the City’s parking by-law violations beginning June 2014.

An Administrative Penalty System (APS) is a new and more efficient way for municipalities to enforce parking and licensing by-laws. Penalty notices similar to a parking ticket will be issued by enforcement officers for by-law violations with the process administered by the City.

The Municipal Act, 2001 allows municipalities to use an Administrative Penalties System (APS) for by-law violations relating to parking and licensing. The owner of a motor vehicle can be charged with an administrative penalty if the motor vehicle is found parked, stopped or standing in contravention of a parking by-law that is under APS.

Administrative Penalties System (APS)

An APS is an objective, fair and efficient process where penalty notices are issued, managed and reviewed by Screening Officers. The decision of a Screening Officer can also be reviewed by a Hearing Officer as an independent and impartial third party.

For parking by-law violations the owner of the vehicle may be issued a penalty notice with the administrative penalty to be paid to the City. The City may also charge administrative fees including fees for late payments and failure to appear for screening and hearings.

The administrative penalty and fee amounts are set out in City of Mississauga By-law 0282-2013 being a By-law to establish a system of administrative penalties respecting the standing, stopping or parking of vehicles in the City of Mississauga.

Types of Penalty Notices

There are two types of penalty notices that the City issues:

  1. APS Computer version (click for example)
  2. APS Handwritten version (click for example)

Please Note: Tickets issued at Toronto Pearson International Airport and accessible parking offences will continue to be issued under the Provincial Offences Act (POA) and managed through the Provincial Offences Court. These POA tickets are called Parking Infraction Notices.

Administrative Penalties System Process

Penalty notices are issued by a Municipal Law Enforcement Officer for a violation of a designated parking by-law.

Penalty Notice Options

  1. Pay the penalty notice within 15 days: online, phone, mail, in person or at a selection of locations (Ontario Court of Justice – Provincial Offences Office, 950 Burnhamthorpe Road West, Mississauga or Civic Centre Cashiers 300 City Centre Drive, Mississauga).
  2. Request a review of the administrative penalty by a Screening Officer.
  3. If a person is not satisfied with the decision of the Screening Officer, they may request a review of the decision by a Hearing Officer. The decision of the Hearing Officer is final.

Screening and Hearing Officers

A person who receives a penalty notice may request a review of the administrative penalty by a Screening Officer.

Screening Officers are employed by the City and are appointed by City Council on the recommendation of the City Clerk and the City Solicitor.  To ensure impartial decision making City Council members and their relatives and persons indebted to the City (beyond property taxes) are not eligible for a Screening Officer appointment.  In addition Screening Officers are bound by the City’s Conflict of Interest Guidelines.

If a person is not satisfied with the decision of the Screening Officer they may request a review of the decision by a Hearing Officer. The decision of the Hearing Officer is final.

Hearing Officers are also appointed by City Council on the recommendation of the City Clerk and City Solicitor. Like the Screening Officer positions, City Council members and their relatives and persons indebted to the City are not eligible for appointment. In addition, employees of the City or not eligible for a Hearing Officer appointment. The Hearing Officers are also bound by the City’s Conflict of Interest Guidelines, the Statutory Powers and Procedures Act and the general common law principles of procedural fairness and natural justice. Hearing Officers are independent third parties who impartially conduct hearings in the public interest.

Failure to Respond to Penalty Notices

If a person fails to respond with either of the above options by the due date, the person will be deemed not to dispute the penalty  and may be required to pay additional administrative fees. If the administrative penalty and fees remain unpaid, a notice of default will be sent to the Ontario Registrar of Motor Vehicles which will deny the renewal of existing vehicle license permits, or the issuance of new permits.

Please Note: Tickets issued at Toronto Pearson International Airport and accessible parking offences will continue to be managed through the Provincial Offences Court.

Background:

The City of Mississauga will be using an Administrative Penalties System (APS) in 2014 to issue, manage and review penalty notices for most parking bylaw contraventions.


News Release December 11, 2013 City prepares for Parking Administrative Penalty System


Corporate Report August 27, 2013 Recruitment of Hearing Officers for Administrative Penalty System


News Release July 3, 2013 City of Mississauga to use Administrative Penalty System for parking and licensing offences


Corporate Report June 10, 2013 Administrative Penalty System for Licensing and Parking Offences and Single Source Contract award to ParkSmart Inc. for Parking Enforcement and Administrative Penalty System Solution (File Ref: F.A.49.171-13) Supplementary Report

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