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Hi, hoping you can help me. Recently i got a $150 ticket while parking in Kingsland. OFFENCE: 'operated vehilce with a damaged tyre' My first issue with this is simple. I thought that when you get a ticket for no WOF you have a time period where you can get a warrant and if you do so within l28 days then you can ignore the ticket. The ticket i have got does not have this option - it simply says i have to pay within the standard 28 days???? Can you tell me firstly why this would be? To then follow on from there my other connfusion is I have a warrant and rego. The truth be told when i got the last warrant i was knocked back on two tyres and advised to get four but only needed to get two for the warrant. Due to lack of funds i got two tyres straight away and planned to get two more tyres after my next pay day as i get paid monthly. The tyre in question is NOT damaged. Approx 1/5 of the tyre circumference on the outer edge you can see tiny bits of canvas coming through. This can only be seen if exposed as the rest of the tyre is fine and in fact i think this has happned cause sadly the tyre has been quite low on pressure. It appears to be revnue gathering by the counsel. I essentially dont feel i should have to pay for this - IT IS CRAZY. My car is warranted and registered and ONLY due to financial constraints (one wage family who gets paid monthly) is why I have delayed getting the two other tyres. My next question would be do you think i should try and appeal to JP via written appeal describing my circumstances or am i wasting my time and i have to pay the damn thing.
Regardless of whether or not your car has a current Warrant of Fitness, it is up to you as the driver to ensure the vehicle is in a safe condition. A tyre that is worn through to the canvass is in a dangerous condition and could blow out at any time, causing loss of control of the vehicle and a potential accident.
I'm sorry, but financial constraints are not grounds for an appeal and if you were operating the vehicle in an unsafe condition, I can't see any grounds for appealing this ticket.
ok cool - thanks for the response. But my first point of confusion was that i know for a fact a friend of mine got a ticket for no WOF and he had 28 days and if he got a warrant it meant the intial ticket is null and void??? so you get a chance to react and rectify
The difference here is that your car was obviously in a dangerous condition. A car with a recently expired WoF can be issued with a Traffic Compliance notice, meaning you are not entitled to operate the vehicle in an unsafe condition but as long as you comply with the enforcement (eg; obtain a WoF within the specified timeframe), the fine can be waived.
Also, note that the police web link I've provided says you "may" be offered compliance. Depending on circumstances it is not always offered as of right.
Ok well even though I dont like the BAD news so to speak - I would like to thank you for your comprehensive and quick response. Hope you ahve a pleasant remainder of your day and evening. I am still high on the opinion that Auckland city council are a bunch of revenue rathering so and so's. the 'canvas is barely visible' whilst i do ackonledge that i am guilty of not keeping an eye on the tyre pressure :-(