Toronto driver questions parking ticket appeal system after 'nonsense' fine
A Toronto driver is questioning the fairness of the city's administrative penalty system for appealing traffic disputes after he raised concerns about his bogus ticket for months — but was left spinning his wheels.
It was only after CTV News Investigates checked out the apparently vandalized no stopping sign that prompted parking officers to start ticketing where parking had been allowed for years that the city relented, overturning his $100 ticket and fixing the sign.
“I gathered a whole lot of evidence, the city codes, took measurements, submitted pictures and went above and beyond,” said Myles Loosley-Millman.
“I thought, ‘this is a slam dunk, this should be fixed right away.’ But that didn’t happen,” he said after a months-long process that left him disillusioned. “I discovered at this tribunal nobody matters. You were guilty if you were there, essentially.”
The bureaucratic nightmare began in November, when Loosley-Millman parked in his usual spot outside the Swansea Community Recreation Centre. He found a ticket on his dashboard.
“I went for a swim and came back and saw every single car is ticketed. I thought that can’t be right,” he said.
The ticket cited a no stopping sign pointing east on Waller Avenue. But right next to it were signs allowing parking in the same direction.
Myles Loosley-Millman is seen in this photograph next to a parking sign where he was ticketed.
A Google street view image showed that sign pointing the opposite direction, west, in a picture taken a year ago, coincidentally with a CTV News decaled vehicle parked legally in a similar spot.
City rules that lay out exactly where every no stopping sign is placed in Toronto described a situation where that no stopping sign should be pointed in the other direction.
And upon closer inspection, there was a sticker placed over the part of the sign that could simply be in the wrong place.
Looley-Millman said he made those arguments at the administrative penalty tribunal, but they fell on deaf ears. The hearings officer reduced the fee to $65, but didn’t void the ticket. And the sign stayed that way for months.
That hearing is the end of the line for appeals. About five years ago the City of Toronto dealt with a court backlog of hundreds of thousands of parking appeals at court by bringing it all in house.
The move to an Administrative Penalty Tribunal saved some $2.8 million annually. Instead of judges, there are hearings officers.
The system may be faster and cheaper, says Mark Breslow, a paralegal who deals mainly with traffic tickets. But he said without legal protections, it may be much less fair.
“Once they’ve got you, they’ve got you,” Breslow told CTV News Toronto in an interview, adding that finding someone guilty of a no stopping violation in a zone that didn’t prohibit stopping is something a tribunal should catch — especially one with no appeal.
“How can you convict someone of an offense that doesn’t exist and then have nowhere to go with it?” he asked.
The city said it’s no kangaroo court, pointing to its independence, and that its 25 public panel members are appointed by city council.
City figures show that out of 9,077 hearings requested in 2021, officials cancelled 1,300 tickets, varied 2,385, and affirmed 1,395. The rest, almost 4,000, were stuck in a new, smaller backlog.
The city said it usually doesn’t comment on specific disputes, but promised to take a “second look” on Wednesday. A spokesperson got back a few hours later with its conclusions: the ticket would be overturned.
“The Chair of the Administrative Penalty Tribunal has reviewed the matter and the notice of violation (parking ticket) has been cancelled, as the sign had been inappropriately altered. City crews have since responded to the location and corrected the signs,” a spokesperson said.
A picture taken at the site Wednesday shows the sign has switched directions, now lining up with the past, and with the city rulebooks.
A photograph of a parking sign taken on June 22, 2022 shows an arrow pointing in a different direction than just a couple weeks ago. (Jon Woodward)
Loosley-Millman said he was happy to get the ticket cancelled. But he said he didn’t do it for the money — he did it to illustrate the lack of fairness.
“It’s kind of nonsense. They find out they’re going to get media attention and then fix a problem they’ve known about for months,” he said.
It’s not yet clear what action the city will take over the other drivers that were ticketed on that stretch, and whether any others will get a refund after going through a system that says it gives the final word on tickets — apparently almost all of the time.
CTVNews.ca Top Stories
A healthy lifestyle can mitigate genetic risk for early death by 62%, study suggests
Even if your genetics put you at greater risk for early death, a healthy lifestyle could help you significantly combat it, according to a new study.
When you have a moment's notice to evacuate, what do you take?
Knowing what to have at home, or take with you for an evacuation, can be useful and even life-saving.
LIVE UPDATES Michael Cohen will face a bruising cross-examination by Trump's lawyers at the hush money trial
Donald Trump’s fixer-turned-foe returns to the witness stand Tuesday for a bruising round of questioning from the former president’s lawyers.
Steal a car, lose your driver's licence under new Ontario proposal
Repeat car thieves may face lengthy license bans under proposed changes to Ontario’s Highway Traffic Act.
B.C. brings in law on name changes on day that child killer's new identity revealed
The BC NDP have tabled legislation aimed at stopping people who have committed certain heinous acts from changing their names.
Sunchips, Munchies recalled by Frito Lay Canada for possible salmonella contamination
Frito Lay Canada is recalling two of its most popular snacks due to a possible risk of salmonella contamination.
No, a best-selling American writing duo didn't pen a Galen Weston romance novel
You would be forgiven for thinking Christina Lauren's latest romance novel stars a hunky reimagining of Loblaw chairman Galen G. Weston.
Ellen DeGeneres addresses the 'hurtful' end of her talk show in new stand-up set
Ellen DeGeneres is reflecting on how her talk show came to an end in her newest Netflix special, 'Ellen's Last Stand ... Up Tour.'
Avs forward Valeri Nichushkin suspended at least six months
Colorado Avalanche forward Valeri Nichushkin was suspended for at least six months without pay and placed in Stage 3 of the league's player assistance program.