Parking Ticket Cancellation Guidelines

Update: see previous post “Parking Ticket Exemptions (25 Page Document – Toronto)”

On May 20, 2010 the Chair, Councillor Bill Saundercook of the City of Toronto’s “Government Management Committee” met and all the members of the Committee agreed to release part of the 25 page Parking Cancellation Guidelines – Appendix “D”. This Committee only agreed to release the user friendly version of these guidelines. These guidelines are written on “purple paper” which Mr. Moscoe stated signified that they are “confidential papers”. He said that he can’t speak to the “purple papers” or the confidential papers.

The City Council met in June, 2010 and agreed to release these guidelines to the public.

The question remains however.  If parking enforcement officers know in advance that the parking ticket they are issuing will most likely be cancelled upon the parking ticket recipient challenging it, why do they issue it to begin with?

Perhaps they are banking on the fact that most motorists that receive parking tickets will not bother to challenge it and instead will just pay it.

The Star reported on inequities found within the system that issued 2.8 million tickets in Toronto last year.

The City Council of the City of Toronto met on June 8 & 9, 2010:

Audit Committee – Meeting 16

AU16.1ACTIONAdopted Ward: All

Issues Respecting Parking Tag Issuance and Cancellation

City Council Decision

City Council on June 8 and 9, 2010, adopted the following:

1.         City Council request the Treasurer to review the parking enforcement process as it relates to the issue and cancellation of parking tags for delivery and courier vehicles. Such a review include an evaluation of best practices in other Canadian and US jurisdictions.  If required, amendments to provincial legislation be requested.

2.         City Council request the Treasurer to:

a.         report annually to the Government Management Committee on the number of tickets cancelled in each category with a view to using the data to evaluate our cancellation protocol; and

b.         revise data collection procedures so as to generate data for the Toronto Police Service that would enable Police supervisory staff to evaluate the job performance of parking control officers on the basis of:

1.         number of cancelled tickets.

2.         number of convictions.

3.         City Council request the General Manager, Transportation Services to report to the August 18, 2010 meeting of the Public Works and Infrastructure Committee on the issue of enabling delivery and courier vehicles to fulfill their function.

City Council Decision Advice and Other Information

City Council considered the following Items together:

–         AU16.1, headed “Issues Respecting Parking Tag Issuance and Cancellation”; and

–         GM31.12, headed “Parking Ticket Cancellation Guidelines”.

Background Information (Committee)
Letter (February 26, 2010) from City Council, respecting Parking Tag Controls
(http://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-29746.pdf)

Audit Committee Item 15.2, headed “Controls Over Parking Tags Need Strengthening “, adopted, as amended, by City Council on February 22 and 23, 2010
(http://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-29747.htm)

Communications (Committee)
(May 14, 2010) Submission from Mr. David Turnbull, President & CEO Canadian Courier & Logistics Association (AU.New.AU16.1.1)

City of Toronto’s Government Management Committee Decision Summary:

GM31.12ACTIONAmendedWard: All
Parking Ticket Cancellation Guidelines
City Council Decision
City Council on June 8 and 9, 2010, adopted the following:

1.         City Council direct that the existing parking ticket cancellation guidelines be revised by deleting reference to specific streets under Section 2.0.

2.         City Council direct the Treasurer, in consultation with the General Manager of Transportation Services, to prepare a further report to the Government Management Committee by March 31, 2011, after completion of the Transportation Services review, to recommend the inclusion of new Parking Ticket Cancellation guidelines and process for couriers and delivery vehicles and taxis, and that staff continue to apply the existing guidelines until such time as the new guidelines are approved.

3.         City Council request the City Solicitor to report back to the Government Management Committee by March 31, 2011, on the outcome of tickets that go before the courts pertaining to the number of convictions, dismissals, withdrawals, etc.

4.         City Council refer the following recommendation of the Government Management Committee to the Treasurer for consideration as part of the review set out in Part 2 above:

–           City Council delegate authority to the Treasurer, or his/her designate, in consultation with the City Solicitor and General Manager of Transportation Services and Toronto Police Service, to amend or update the parking ticket cancellation guidelines from time to time as required, including to reflect and incorporate references to new by-laws and/or legislative requirements, new offences, amendments to existing by-laws or legislation, or new fines or fine amounts.

The Confidential Attachment to the report (May 11, 2010) from the Treasurer and the City Solicitor is now public in its entirety.

City Council Advice and Other Information
City Council on June 8, 2010, directed that Confidential Attachment 1 to the report (May 11, 2010) from the Treasurer and the City Solicitor, which includes the parking ticket cancellation guidelines, be made public in its entirety and posted on the City’s website.  As a result, the Speaker ruled Recommendations 1 and 2 of the Government Management Committee redundant.

City Council considered the following Items together:

–         AU16.1, headed “Issues Respecting Parking Tag Issuance and Cancellation”; and

–         GM31.12, headed “Parking Ticket Cancellation Guidelines”.

Background Information (Committee)
Report – Parking Ticket Cancellation Guidelines
(http://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-30199.pdf)
Background Information (City Council)
Confidential Attachment 1 – made public by City Council on June 8, 2010
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31300.pdf)
Appendix A to Attachment 1 -made public by City Council on June 8, 2010
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31301.pdf)
Appendix B to Attachment 1 – made public by City Council on June 8, 2010
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-31302.pdf)

As a result of this meeting, the City of Toronto released the following “Parking Ticket Cancellation Guidelines”:

 

City of Toronto


Parking Ticket Cancellation Guidelines

May 2010

Introduction
Parking tickets help to regulate the movement of traffic on City roadways, and to ensure smooth traffic flows and safe streets. The City’s various parking bylaws specify a set fine amount for each type of parking violation or infraction. The amount of the fine appears on the parking ticket.

To dispute a City of Toronto parking ticket, you or your representative must attend in person at one of the City’s four parking ticket counters (First Appearance Facilities). To support your claim you must bring evidence (e.g. permits, written statements, supporting documents, photos, etc.) that establishes that the parking ticket meets the criteria for cancellation in these guidelines.

For a list of parking ticket counter locations (First Appearance Facilities), please visit http://www.toronto.ca/pay-toronto-tickets/parkingtickets/inperson.htm. Persons with a disability or persons who reside more than 100 km from the City of Toronto may call Parking Tag Operations at 416-397-TAGS (8247).

Staff review each disputed ticket individually and the evidence presented by the person who received the ticket or their representative, to understand the nature of the infraction, and the circumstances surrounding the ticket issued.

The City of Toronto uses established guidelines to assist staff at parking ticket counters (First Appearance Facilities) in determining whether a parking ticket may be cancelled. In addition, City staff will take the necessary steps to determine whether a ticket warrants cancellation which may include:

 

  • examining the license plate history to identify past infractions, whether there are prior cancellations and the reasons for cancellations;
  • requesting an investigation by Transportation Services, the Toronto Parking Authority or the Toronto Police Service Parking Enforcement Unit to verify whether signage may have been missing or covered, whether meters or pay and display machines were operational at the time of the infraction and/or that work was being carried out on the roadway, preventing legal parking;
  • reviewing various bylaw exemptions and permit parking zones to confirm that the permit was used in the correct zone;
  • confirming temporary police considerations which would permit parking due to police investigations, construction zones (ie: heavy crane lifts) or other street closures directed by police;
  • accessing the Ministry of Transportation license plate/vehicle registration data to verify whether disabled parking permits are valid.

 

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The guidelines below are to be used for City of Toronto issued parking tickets only. They are meant to serve as a reference to provide an understanding of the circumstances in which a City of Toronto parking ticket may be cancelled and to outline the evidence required to support a parking ticket cancellation. For more information on parking tickets, visit http://www.toronto.ca/pay-torontotickets/parkingtickets/index.htm or call Parking Tag Operations at (416)397-TAGS (8247).

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Table of Contents

Introduction ……………………………………………………………………………………………………………….1
1.0 Incorrect or Missing Data on the Parking Ticket ……………………………………………………………4
2.0 Person Claims Vehicle not at Location…………………………………………………………………………4
3.0 Cancellations Relating to Parking Permits …………………………………………………………………….4
3.1 On-Street and Area Parking Permit ………………………………………………………………………………5
3.2 Temporary On-Street Parking Permit …………………………………………………………………………..5
3.3 Boulevard Parking Permit ………………………………………………………………………………………….6
3.4 Front Yard Parking Permit …………………………………………………………………………………………6
3.5 Film Permit ……………………………………………………………………………………………………………..7
3.6 Street Occupation Permit …………………………………………………………………………………………..8
3.7 Temporary Street Occupation Permit – Utilities ……………………………………………………………..8
3.8 Accessible Parking Permit or Disabled Persons Parking Permit …………………………………………9
3.9 Valid Pay and Display Receipt Displayed ………………………………………………………………………11
4.0 Vehicle or Plate was Stolen or Lost at Time of Infraction …………………………………………………11
5.0 Special Parking Considerations …………………………………………………………………………………..12
5.1 Religious Observances ………………………………………………………………………………………………13
6.0 Extenuating Circumstances ……………………………………………………………………………………….13
7.0 Sign Missing or Illegible ……………………………………………………………………………………………13
8.0 Pay & Display Machine or Meter Missing, Removed or Inoperable…………………………………….14
9.0 Emergency Vehicle …………………………………………………………………………………………………..14
10.0 Vehicles Engaged in Work for the City ………………………………………………………………………..14
11.0 Public Utility Vehicles ……………………………………………………………………………………………..14
12.0 Valid Ontario Veteran Plate Displayed (on certain days only) …………………………………………15
13.0 Continuing Infraction ………………………………………………………………………………………………15
14.0 Issuing Enforcement Agency Request …………………………………………………………………………16
15.0 Taxicabs/Limousines While Picking up or Dropping off Passengers …………………………………. 16
16.0 Nursing Agencies/Compassionate Service Agencies……………………………………………………….16
17.0 Security Companies – Alarm Response ………………………………………………………………………..17
18.0 Tour Buses ……………………………………………………………………………………………………………..17
Glossary of Terms …………………………………………………………………………………………………….18 & 19

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1.0 Incorrect or Missing Data on the Parking Ticket
Parking tickets may be cancelled where there is sufficient evidence to indicate that any of the following apply:

 

  • No infraction indicated
  • Incorrect or missing date
  • Incorrect time of infraction
  • Time of infraction missing
  • Incorrect or missing plate number
  • Plate’s Province/State missing
  • Vehicle type model missing or incorrect
  • Plate’s expiry month and date missing or incorrect
  • Location of infraction missing or incorrect
  • Infraction set fine amount missing, incorrect or changed
  • Incorrect municipality or former municipality identified in ‘Contrary to (bylaw or code)’
  • Parking ticket not signed
  • Changes made to infraction not initialled by the Issuing Officer

 

2.0 Person Claims Vehicle not at Location
Parking tickets may be cancelled where the following apply:

 

  • Vehicle was not in the City or at that location on the date and time of the infraction.

 

Evidence such as written authorizations, permits, other documents, photos, etc. must be provided
to establish that the above criteria for cancellation have been met.

3.0 Cancellations Relating to Parking Permits
Parking tickets may be cancelled for certain types of parking infractions where a valid permit exists
and where the permit provides an exemption from the parking infraction noted on the ticket.

Following is a list of the City’s various parking permits:
1. On-Street and Area Parking Permits
2. Temporary On-Street Parking Permit
3. Boulevard Parking Permit
4. Front Yard Parking Permit
5. Film Permit
6. Street Occupation Permit
7. Temporary Street Occupation Permit – Utilities
8. Accessible Parking Permit or Disabled Persons Parking Permit
9. Valid Pay and Display Receipt Displayed

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The cancellation guidelines for each type of permit are discussed below.

3.1 On-Street and Area Parking Permit
Parking tickets may be cancelled under this section for the following parking infractions:

 

  • Expired Meter
  • Three (3) Hour Parking
  • Park Signed Highway in excess of permitted time
  • Park (prohibited area/ location) without a permit
  • Park -Fail to display receipt in windshield, or
  • Park -Fail to deposit fee

 

A parking ticket may be cancelled under this section provided the following conditions are met:
1. The location of the infraction is on a street licensed for parking;
2. The vehicle plate number on the parking ticket matches the plate number on the permit ;
3. The permit is registered on the City of Toronto permit system;
4. Area indicated on the permit is for the location indicated on ticket, (e.g. 1B);
5. The permit must be valid for date and time of infraction.

3.1.1 Rental Vehicles
If you:

 

  • have a valid on-street or area parking permit; and, you rented a vehicle because the vehicle to which the permit applies is being repaired; and the rental vehicle has been ticketed.
  • The car rental agreement and garage repair bill must be provided in order for a cancellation to be considered.

 

3.2 Temporary On-Street Parking Permit
Parking tickets may be cancelled under this section for the following infractions:

 

  • Expired Meter
  • Three (3) Hour Parking
  • Park -Signed Highway in excess of permitted time
  • Park -(prohibited area/ location) without a permit
  • Park -Fail to display receipt in windshield; or
  • Park -Fail to deposit fee

 

A parking ticket may be cancelled under this section provided the following conditions are met:

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1. The location of the infraction is on a street that is licensed for parking;
2. The vehicle plate number on the parking ticket matches the plate number on the permit;
3. The permit is registered on the City of Toronto permit system;
4. The area indicated on permit is for the location indicated on ticket, e.g. 1B;
5. The permit must be valid for date and time of infraction.

3.3 Boulevard Parking Permit
An off-street parking permit is required to park on any part of the City boulevard. With proper approval, residents or commercial property owners may rent part of the City-owned boulevard to supplement space on private property. This program generally services commercial areas where on-street or off-street parking is limited or unavailable.

Parking tickets may be cancelled under this section for the following infraction:

 

  • Park on/over boulevard

 

A parking ticket may be cancelled under this section provided the following conditions are met:
1. The permit is valid for the location, day and time of the infraction; and
2. Permission (a letter signed by the permit holder) was obtained to park at that location, date and time given by the permit holder, if the vehicle ticketed was not that of the permit holder. A copy of the permission letter must be provided to support the claim.

The ticket will not be cancelled if the parking infraction is for “too many vehicles parked” unless the letter of permission signed by the permit holder states that permission was granted to the vehicle specified on the ticket.

3.4 Front Yard Parking Permit
An off-street parking permit is required if you wish to park in your front yard or on part of the City boulevard. With proper approval, and in specific areas of the City, residents may rent part of the City owned boulevard to supplement space on private property. This program generally services those areas where driveways are not common or where driveway width is insufficient.

Parking tickets may be cancelled under this section for the following infraction:

 

  • Park in front yardIf the following conditions are met:
    1. The permit is valid for the location, day and time of the infraction; and
    2. Permission was obtained to park at that location, date and time given by the permit holder, if the vehicle ticketed was not that of the permit holder.

 

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Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. Copy of Permit, and
2. A letter of permission to park at that location, date and time given by the permit holder if the vehicle ticketed was not that of the permit holder signed by the permit holder.

3.5 Film Permit
The Toronto Film and Television Office (TFTO) issues parking permits for productions of feature films, movies for television, mini-series, television specials, television series, television productions, commercials, music videos and others.
The permit issued by the TFTO authorizes production companies to park production vehicles on City streets and in City parks. If any metered spaces or pay and display areas are covered by the permit, the production company must reimburse the Toronto Parking Authority for lost revenue. The parking infractions to which the permit applies are listed on the actual permit.

Note: that absolutely no crew or cast vehicles are exempted under the film permit.

The exemption applies only to the vehicles identified on the permit and at the location indicated on
the permit during the time period that the permit is valid.
1. Production vehicles must not:-block fire hydrants; or be parked in fire routes; or be parked within 9 metres of an intersecting street; or impede any emergency response vehicles. Production vehicles must also adhere to any other requirements specified on the permit.
2. In City parks, production vehicles and equipment must not block driveways or other access/egress ramps. Production vehicles must leave at least two feet clearance on either side of a driveway, ramp, or other accesses/egresses/ingresses.
3. Production vehicles parking on the street cannot block driveways or other access ramps without the approval of the owner of the property.
4. No production equipment/vehicles are to be within 30 metres of a subway entrance, a bus or streetcar stop, a pedestrian cross-over or a signalized intersection unless otherwise noted on the permit.
5. Production vehicles must not block parking lot access/egress ramps and accessible parking for persons with disabilities.

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Both copies of film parking permit (red & white) must be provided to establish that the criteria for
cancellation have been met. If the parking infraction is due to a blocked driveway, a letter of permission from the property owner allowing the encroachment or blockage must be provided for the cancellation of the ticket.

3.6 Street Occupation Permit
A street occupation permit issued by City of Toronto Transportation Services is required for any demolition, renovation and/or construction project if it is necessary to temporarily occupy any portion of the public right of way (the area beyond the property line, i.e. boulevard, sidewalk, roadway or public lane).

Parking tickets may be cancelled under this section for the following infractions:
-Expired Meter
-Three (3) Hour Parking
-Park-Signed Highway in excess of permitted time
-Park (prohibited area/location) without a permit
-Park-Fail to display receipt in windshield

A parking ticket may be cancelled under this section provided the following conditions are met:
1. The conditions stated on permit were complied with; and
2. The plated vehicles are listed on the permit.
Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. Copy of the original permit; and
2. Work Order (if one exists); and
3. In case of an emergency (when allowed on the permit), the registered owner of the vehicle must provide a statement that the emergency situation existed at the time of the infraction and a description of the situation.

3.7 Temporary Street Occupation Permit – Utilities
Temporary Street Occupation Permits are issued to utility companies annually at no cost, pursuant to a decision of the Toronto Public Utility Co-ordinating Committee of which the City is a member.

One permit is issued to each utility company which can make copies for its contractors and subcontractors.
The permit is restricted to service vehicles only and a copy must be displayed on the windshield of the vehicle.

Parking tickets may be cancelled under this section for the following infractions:
-No parking (continued on page 8 )

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-No stopping (9:30 am to 11:30 am and 1:30 pm to 3:30 pm only and not during rush hour);
and,
-No Standing (9:30 am to 11:30 am and 1:30 pm to 3:30 pm only and not during rush hour).
Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. Copy of the Temporary Street Occupation – Site Service – Utilities permit; and
2. Copy of the Road Disruption Activity Reporting System (RoDARS) Restriction Notice for the location, date and time; and
3. Copy of work order/schedule pertaining to the date, time and location of the Infraction; and
4. Original letter on letterhead signed by the authorized manager or director (signature must
be on file) indicating that parking was required for a legitimate business purpose and
explaining why the driver needed to park in that location; and
5. Show that parking must have been required to perform the work at that location.

Cancellations will not be granted for the following infractions:

  • Parking during rush hour
  • Parking on private property
  • Parking in disabled or fire routes
  • No parking
  • No stopping (9:30 am to 11:30 am and 1:30 pm to 3:30 pm only and not during rush hour)
  • No Standing (9:30 am to 11:30 am and 1:30 pm to 3:30 pm only and not during rush hour)

 

3.8 Accessible Parking Permit or Disabled Persons Parking Permit
The Accessible Parking Permit (APP) is issued to individuals and entitles the vehicle in which it is displayed to be parked in a designated accessible parking space. The individual to whom the permit is issued must be in the vehicle and the permit must be visibly displayed on the dashboard or sun visor when it is parked in the designated accessible parking space. The permit holder may use the permit in any vehicle in which they are travelling. There is no fee for an APP. The Ministry of Transportation of Ontario issues four types of permits, which are colour coded; a Permanent Permit (blue), a Temporary Permit (red), a Traveller Permit (purple) and Company Permits (green).

The name “Accessible Parking Permit” was adopted to focus on the functionality and benefits of the permit to the holder, versus the holder’s disability. Holders of a valid “Disabled Person Parking Permit” (DPPP) may continue to use their existing permit until it expires.

Parking tickets may be cancelled under this section for the following infractions:

 

  • Signed prohibited parking areas; this includes time restricted No Parking Areas, e.g.: 8 am to 6 pm and general No Parking Anytime Areas that display the regulatory No Parking Sign. (This does not apply to signed rush hour routes – 7 am to 9 am or 3:30 pm to 6:30 pm Monday to Friday)
  • Signed on-street permit parking areas. (Vehicles displaying a valid disabled parking permit are permitted to park without a designated on-street parking permit)
  • Signed parking limits such as one hour and two hour maximums; holders are allowed to exceed the signed maximum parking limit.
  • Unsigned maximum three-hour parking limits in effect on all city streets.
  • Holders may park at on-street Parking Meters or Pay and Display Machines without putting a coin in the meter / machine during the hours of legal operation. Note: exemption does not apply on private property.
  • Signed No Stopping areas only while actually engaged in loading or unloading the named permit holder
  • Signed/marked designated disabled parking space only for transporting, picking up, or dropping off a person who has been issued a current valid permit
  • Signed/marked designated bicycle lane only while actually engaged in loading or unloading the named permit holder

 

Note: In all of the above situations parking is permitted for a period not to exceed 24 hours.(continued on page 10)

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Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. A valid copy of the APP or DPPP
2. If the vehicle is not registered to the APP or DPPP holder, an original letter signed by the APP or DPPP holder stating that they were with the registered owner on the date and at the time of infraction.

Vehicles displaying disabled permits are not exempt from the following:

 

  • No Parking/No Stopping/No Standing areas in designated emergency or snow routes
  • Parking within 60 cm of a driveway
  • Stopping/Parking on a bridge
  • Parking within 3 metres of a fire hydrant
  • Parking within seven and five-tenths (7.5) meters of any fire hall on the side of the highway on which the fire hall is located or within thirty and five-tenths (30.5) meters of the fire hall on the opposite side of the highway
  • Parking within 9 meters (signs not required) or 15 meters (signs required) of an intersection
  • Parking in designated “No Standing and No Stopping areas”
  • Parking in a designated fire route
  • Parking in a public lane
  • Parking within a stand designated for taxicabs
  • Parking at a place marked by an authorized sign as a passenger or freight loading zone during the time shown on the sign
  • Parking in a position as will prevent the removal of any other vehicle previously parked
  • Parking on Private/Municipal Property if parked in a designated disabled spot must pay a fee if one is required on that property also must display a valid disabled permit. If vehicle is parked in a regular parking spot, (non-disabled) the permit holder must ensure that they follow the same rules as other users of the property. (continued on page 11)

 

Page 11 of 19

 

  • is parked in a regular parking spot, (non-disabled) the permit holder must ensure that they
    follow the same rules as other users of the property.
  • Overnight parking between the hours of 2 am – 6 am, from December 1-March 31 (in the former area of North York only)
  • Parking within thirty and five-tenths (30.5) metres of an intersection controlled by a traffic control signal
  • Parking in front of an entrance to or exit from any building or enclosed space in which persons may be expected to congregate in large numbers
  • Parking within a turning basin
  • Parking in a manner that would interfere with the formation of a funeral procession
  • Parking within fifteen (15) metres of the termination of a dead-end street
  • Parking within a T-type intersection
  • Parking within the following distances of a crosswalk controlled by traffic control signals and located other than at an intersection:
    Fifteen (15) metres of the crosswalk measured on each side of the highway in the direction of travel of vehicles on that side of the highway
     [2] Thirty and five-tenths (30.5) metres of the crosswalk measured on each side of the highway in the direction opposite to the direction of travel of vehicles on that side of the highway

 

3.9 Valid Pay and Display Receipt Displayed
Parking tickets may be cancelled under this section for the following infractions:

 

  • Park – fail to deposit fee in machine; and
  • Park – fail to display receipt in windshield.

 

A parking ticket may be cancelled under this section provided the following conditions are met:
1. A valid Pay and Display parking receipt was displayed on the dashboard of the vehicle
when the parking ticket was issued.
2. The parking receipt must show that the ticket was issued within the effective time, date and
location of the receipt. Additionally, a 5 minute grace period at the end of the time is granted.

The original Pay and Display parking receipt must be provided as evidence.

4.0 Vehicle or Plate was Stolen or Lost at Time of Infraction
Parking tickets may be cancelled on the basis that the vehicle or plate was stolen or lost at the time
of the infraction.
A parking ticket may be cancelled under this section provided that the following condition is met:
1. The infraction must have occurred after the date the theft was reported and prior to recovery (if applicable).

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Evidence must be provided to establish that the criteria for cancellation has been met, including:

 

  • Valid occurrence number from the Toronto Police Service; and
  • Copy of the police report (if available).

 

5.0 Special Parking Considerations
The Toronto Police Service’s Parking Enforcement Unit or the City of Toronto’s Transportation Services Division may, in certain circumstances, provide short term parking considerations including:
1. Driveway paving;
2. Construction;
3. Religious observance; and
4. Underground parking cleaning.

Parking tickets may be cancelled under this section for the following infractions:

 

  • Park Longer than 3 hours
  • No parking

 

A parking ticket may be cancelled under this section provided that the following conditions are met:
1. The conditions stated on consideration were complied with; and
2. The plate numbers of the ticketed vehicles must be listed on the consideration letter.

Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. A copy of the parking consideration letter; or
2. The consideration number assigned by the Toronto Police Service’s Parking Enforcement Unit or the City of Toronto’s Transportation Services Division so that the consideration can be confirmed.

Parking tickets will not be cancelled for the following infractions under this section:

 

  • No Standing
  • No Stopping
  • Stop on sidewalk
  • Park on boulevard
  • Park in front of fire hydrant
  • Park in fire route
  • Park in rush hour route
  • Park on a permit parking street

 

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5.1 Religious Observances
For religious observances, parking tickets may be cancelled for the following infractions:

 

  • Park at expired meter
  • Park during prohibited times (excluding rush hour)
  • Park signed highway in excess of permitted time

 

Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. A letter or correspondence from the Minister or head of a religious group that identifies the time, date and location of the religious observance or service.

6.0 Extenuating Circumstances
Parking tickets may be cancelled in extenuating circumstances including:

 

  • Medical emergency (e.g. a situation where a person required immediate hospitalization and the vehicle could not be moved to a legal parking area.)
  • Vehicle breakdown;Other circumstances not identified in these guidelines where parking legally was not possible.Evidence must be provided to establish that the criteria for cancellation have been met, including:
    1. For medical emergencies, a copy of the hospital report, record of admission, and/or an
    ambulance report.
    2. For vehicle breakdown, a copy of the tow receipt and/or the repair bill(s).
    3. For other circumstances, evidence such as documents, permissions, photos, etc. must be provided to support the cancellation.

 

7.0 Sign Missing or Illegible
A parking ticket may be cancelled if a traffic sign was missing, damaged, obscured or illegible or that there were conflicting signs on the street where the infraction occurred. Staff will request that the Toronto Police Services Parking Enforcement Office or the City of Toronto’s Transportation Services Division conduct an investigation.

Parking tickets may be cancelled for signed offences.
The following condition must be met:
1. The investigating office (Parking Enforcement or Transportation Services) must recommend in writing that the parking ticket be cancelled.

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8.0 Pay & Display Machine or Meter Missing, Removed or Inoperable
A parking ticket may be cancelled if a Pay and Display machine or parking meter was missing, removed or inoperable. Staff will request that the Toronto Parking Authority conduct an investigation.

Parking tickets may be cancelled under this section for the following infractions:

  • Park – fail to deposit fee; and
  • Park – fail to display receipt.

 

A parking ticket may be cancelled under this section provided the following condition is met:
1. The Toronto Parking Authority must recommend that the parking ticket be cancelled.

9.0 Emergency Vehicle
Parking tickets will be cancelled for emergency vehicles, such as ambulances, police or fire department that are exempt from parking tickets under the City of Toronto Municipal Code, where the particular emergency vehicle was attending to an emergency at the location indicated on the parking ticket. The exemption applies to all City of Toronto parking tickets.

Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. An original letter on Divisional letterhead signed by the authorized manager or director of the City Division or public utility stating that the emergency existed when the parking ticket was issued.

10.0 Vehicles Engaged in Work for the City
Parking tickets will be cancelled for vehicles engaged in work for the City, and the Toronto Transit Commission (TTC) that are exempt from parking tickets under the Municipal Code, where parking, standing or stopping of the vehicle doing the work was required to perform the work at the location, date and time of the ticket. The exemption applies to all City of Toronto parking tickets.

Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. Copy of work order/schedule; and/or
2. Original letter on letterhead signed by the authorized manager or director of the City Division, TTC or Public Transit Agency indicating that parking, stopping or standing was required for a legitimate municipal purpose and an explanation of why the driver needed to illegally park, stand or stop in that location.

11.0 Public Utility Vehicles

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Parking tickets will be cancelled for public utility vehicles responding to emergencies, (including utilities providing telecommunications, energy or water/ wastewater services) that are exempt under the Municipal Code, and when parking was necessary to perform the emergency work at that location. The exemption applies to all on-street infractions (only during the emergency)

Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. Copy of the Temporary Street Occupation – Site Service – Utilities permit (if available);
2. Copy of work order/schedule pertaining to the date, time and location of the infraction, and
3. Original letter on letterhead signed by the authorized Manager or Director (signature must be on file) indicating that parking was required for a legitimate emergency purpose and explanation of why the driver needed to park in that location.

12.0 Valid Ontario Veteran Plate Displayed (on certain days only)
The City of Toronto’s Municipal Code provides parking exemptions to persons who display a valid Ontario veteran’s licence on their vehicle. The exemption only applies on the following dates:

 

  • June 6
  • September 17
  • November 11
  • August 18 (consideration)

 

Other dates approved by council; and Any other date where consideration is granted.

Parking tickets may be cancelled under this section for the following infractions:

 

  • Park -fail to deposit fee in meter
  • Park -fail to deposit fee in machine
  • Park vehicle in or on a parking space controlled by a parking machine without activatingthe machine
  • Park -fail to properly display receipt in windshield

 

A parking ticket may be cancelled under this section provided the following condition is met:
1. The Ontario Veteran licence plate must be registered to the person requesting the cancellation and must have been affixed to the vehicle at the time of the infraction.

13.0 Continuing Infraction
A continuing infraction occurs when two or more parking tickets are issued to a vehicle within a specified time limit. The specified limit depends on the type of infraction (e.g. Park longer than 1, 2 or 3 hours).

Parking tickets may be cancelled under this section for No Parking infractions only, if the following
conditions are met
: (continued on page 16)

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1. Must be the same offence;
2. Same plate; and
3. Same location.

14.0 Issuing Enforcement Agency Request
Situations occur where the Toronto Police Service’s Parking Enforcement Unit may request withdrawal of a parking ticket.

A parking ticket may be cancelled under this section for any parking related offences.

The Toronto Police Service’s Parking Enforcement Unit must submit the request in writing using the approved Withdrawal Request Form – the form must be authorized by a management representative of the Parking Enforcement Unit.

15.0 Taxicabs/Limousines While Picking up or Dropping off Passengers

Parking tickets may be cancelled under this section for the following infractions:

 

  • Prohibited parking offences (excluding rush hour)A parking ticket may be cancelled under this section if the following conditions are met:
    1. Vehicle was being operated for taxi or limousine services at the time of the infraction.
    2. Vehicle license plate was issued to a taxi or limousine.

 

Evidence must be provided to establish that the criteria for cancellation have been met, including:
1. If the driver of the taxi/limousine is making a delivery, a letter from the taxi/limousine company and a waybill for the time/date and location of the infraction.
2. A letter, on letterhead from the Dispatcher, indicating pick up location, time, date and drop off location.
3. Owner or driver must possess a taxi licence.

16.0 Nursing Agencies/Compassionate Service Agencies
Parking tickets may be cancelled under this section for the following infractions:

  • Metered offences;
  • Park- longer than 3 hours;
  • Park during prohibited times (excluding rush hour);
  • Park in excess of permitted time; and
  • Park no permit (if time/situation of infraction is reasonable) time, date, infraction and location of the duties should be specified. (continued on page 17)

 

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The following evidence must be provided:
1. A letter from an official on letterhead explaining the vehicle was being operated by a staff member while performing duties for the organization.
2. The letter must have an original signature and must include the title and telephone number of the authorized writer (Nurse Manager, etc.).

17.0 Security Companies – Alarm Response
Parking tickets may be cancelled under this section for the following infractions:

 

  • Metered offences
  • Park longer than 3 hours
  • Park during prohibited times (excluding rush hour)
  • Park in excess of permitted time
  • Park no permit (if time/situation of infraction is reasonable) time, date, infraction and location of the duties should be specified

 

The following evidence must be provided:
1. A letter from an official on letterhead explaining the vehicle was being operated by a staff member in response to an alarm.
2. The letter must have an original signature and must include the title and telephone number of the authorized writer as well as the time and location of the alarm supported by the response sheet.

18.0 Tour Buses
Parking tickets may be cancelled under this section for the following infractions:

 

  • Metered offences
  • Park – longer than 3 hours
  • Park during prohibited times (excluding rush hour),
  • Park in excess of permitted time

 

The following evidence must be provided:
1. A letter from an official on letterhead explaining the vehicle was being operated by a staff member while performing duties of the company and that no other parking was available.

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Glossary of Terms

A term not defined in this section shall have the same meaning as the term has in the Highway Traffic Act.

Accessible Parking Permit/Disabled Parking Permit
“accessible parking permit” or “disabled parking permit” means a current and valid disabled person parking permit issued by the Ministry of Transportation under the provisions of the Highway Traffic Act; or, a current and valid permit, number plate or other marker or device bearing the international symbol of access for the disabled which has been issued by a jurisdiction outside Ontario.

First Appearance Facility (FAF)
“First Appearance Facility or FAF” means a location where a person who received a City of Toronto parking ticket can attend to dispute the issuance of the parking ticket

Highway
“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

Infraction
“infraction” means a contravention of any provision of a City of Toronto parking bylaw

No Parking
“park” or “parking”, when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

No Standing
“stand” or “standing”, when prohibited, means the halting of a vehicle, whether occupied or not,
except for the purpose of and while actually engaged in receiving or discharging passengers;

No Stopping
“stop” or “stopping”, when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal;

Offence
“offence” means any contravention of any provision under of a City of Toronto parking bylaw; (continues on page 19)

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Parking
“parking” means the standing still of a vehicle, whether occupied or not;

Representative
“representative” means, in respect of a proceeding to which this Act applies, a person authorized
under the Law Society Act to represent a person in that proceeding;

Signed Offence
“Signed offence” means an offence contrary to any sign that was erected by the City of Toronto
depicting a parking bylaw or regulation;

Set Fine
“set fine” means the amount of fine set by the Chief Justice of the Ontario Court of Justice for an
offence for the purpose of proceedings commenced under Part I or II. R.S.O. 1990, c. P.33,
s. 1 (1); 2000, c. 26, Sched. A, s. 13 (6); 2002, c. 18, Sched. A, s. 15 (6); 2006, c. 21, Sched. C,
s. 131 (1, 2); 2009, c. 33, Sched. 4, s. 1 (1);

Vehicle
“vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine,
bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power,
but does not include a motorized snow vehicle or a street car.

Parking Ticket Cancellation Guidelines

Parking Ticket Cancellation Guidelines – Updated June, 2015

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2 comments

  1. Aw, this was a very nice post. Taking the time and actual effoort to generate a very good article… but what can I say… I putt things offf a whole lot and don’t seem to geet anything done.

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