Car destroyed but parking appeal won

Press, 10 December 1983, Page 15

Car destroyed but parking appeal won

PA Auckland A woman whose car was towed from an Auckland street and later destroyed has won a High Court appeal against the parking conviction which led to her vehicle’s being removed.

Mr Justice Barker has allowed an appeal by Carol Jean Dickens against her conviction by two Justices of the Peace last year on a charge of parking so close to a corner that it was likely to obstruct the view of other traffic.

His Honour ruled that, because of the nature of the charge, the two Justices of the Peace had actually convicted for something for which there was no proof. He also said the prosecution had been “sloppy” and that the traffic officer in the case had not given evidence with the precision one would have expected.

His Honour criticised a six-month delay which oc-

curred before Miss Dickens received an offence notice for the parking infringement. He noted that the car, valued at $2OOO, had broken down and Miss Dickens had parked it close to a corner. A traffic sergeant had eventually arranged for the vehicle to be towed away and Miss Dickens had believed her car had been stolen.

The towing company had destroyed the car some time later to defray its storage costs, and his Honour noted that a civil action was pending.

He referred to evidence and submissions that no proof had been given that the parked car was likely to obstruct the view of other cars, but that it was obstructing the roadway.

His Honour said that it should have been for the prosecutor to ask for an amendment to the charge during the initial hearing in

the District Court at North Shore. Because of this, the Justices of the Peace had convicted Miss Dickens for something for which there was no proof. Submissions were made that no measurements of the roadway or the car had been given by the traffic officer. His Honour quashed the parking conviction entered against Miss Dickens and awarded her costs of $5O.