Prior to February 21, 2011, parking tickets in the City of Vancouver were disputed in Provincial Court, under the Offence Act, RSBC 1996, chapter 338, section 15.
As of February 21, 2011, City of Vancouver By-law No. 10201 covers the new bylaw adjudication process regarding ticket disputes. Schedule A of By-law No. 10201 contains information on fine amounts, discount and full penalties with surcharge.
The bylaw is valid under the Local Government Bylaw Notice Enforcement Act, SBC 2003, chapter 60, section 4.
It states that people have 14 days to either pay OR dispute a parking ticket. After 14 days, the ticket can no longer be disputed. At that point it must be paid or it will be sent to a collection agency. If the ticket is not cancelled at the adjudication hearing or a person fails to attend their hearing, they will need to pay the non-discounted fine plus a $25 adjudication fee.
An adjudicator will make the final decision regarding the dispute of a parking ticket and will be present at the hearing. Adjudicators are independently appointed by the Province. The adjudicator will only determine if the by-law contravention occurred as alleged. The adjudicator does not consider extenuating circumstances nor can they reduce penalty amounts. Their decision cannot be appealed. Note: The City may provide photo evidence to the adjudicator.
However, if you or the City feel that an adjudicator went beyond their authority, you may make an application to the Supreme Court for judicial review.
You may dispute a By-law Notice (ticket) even if you are not the registered owner of the vehicle. However, all correspondence related to a dispute request will be mailed to the registered owner of the vehicle.
The changes to the bylaw take effect February 21, 2011, and are not retroactive. Any parking tickets issued prior to February 21, 2011, will still go through the previous provincial court process.
More than 40 other B.C. municipalities or regional districts have already switched to similar bylaw adjudication processes. If you recieved a ticket in any other municipality, contact that municipality for details on how to proceed.
