Charlottetown woman disputes ticket, saying overnight parking ban needs to be clarified

Katherine Ballem was working late on Dec. 2 when she was given a ticket on Queen Street for parking after the 11 p.m. cut-off. She argues the street was clear that night, and the ticket unnecessary.

'What does discretionary basis mean?'

Isabella Zavarise · CBC News · Posted: Dec 06, 2019 7:00 PM EST | Last Updated: December 7, 2019

Katherine Ballem says she was working late when she received the ticket and that the street she was on was clear, 'so I didn't have an expectation that I would be getting a parking ticket that night.' (Isabella Zavarise/CBC)

A Charlottetown woman is questioning a parking ticket she received, saying the city's overnight parking ban needs to be clarified.

Katherine Ballem was working late on Dec. 2 when she was given a ticket on Queen Street for parking after the 11 p.m. cut-off.

According to the city's website, "on-street parking isn't allowed on city streets from 11 p.m. to 6 a.m. from Nov. 15 to April 15." It also adds that "restrictions may be enforced on a discretionary basis as snow plowing and clearing or de-icing needs to take place."

The city also issues alerts when it plans to de-ice or plow streets, which it did on Dec. 2.

'You run the risk of being ticketed'

It's the "discretionary basis" reference that Ballem said confuses the matter.

"If the parking ban means that it's a ban throughout the city, then they need to define what discretionary means or get rid of it altogether," she said.

The ticket was given on Dec. 2 just after 11 p.m. (Submitted by Jeremy Johnston)

Ballem said she's aware of the parking ban, but assumed she wouldn't be ticketed because the block of Queen Street she parked on was clear of snow.

"And so with a street being completely clear, that was not my expectation or my understanding of how it would be enforced," she said.

Charlottetown police Cst. Ron Kennedy said the department decides when it will ticket or tow, and can do that regardless of whether a car is in the way of snow removal or not.

"If you're on the road after 11 p.m. while the winter parking ban is on, you run the risk of being ticketed," he said.

"Plain and simple."

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System 'doesn't serve everybody'

Kennedy said even on clear nights where there may not be any snow on the road, public works may want to access the street.

"They [have] the discretion at any point in time to come and take that snow away, widen the street and to remove any vehicles that are hampering that," he said.

A photo of the street the following morning on Dec. 3. (Submitted by Jeremy Johnston)

Ballem said she only found out about the alert system after receiving the ticket.

"I think that rather than sending out these individual messages to people who may or may not receive that information, it would be to set up the system in such a way that people understand from the get-go and they don't need to have these day-to-day updates on what is required and what's not," said Ballem.

"It's a system that doesn't serve everybody."

SNOW ALERT ON: The City expects to be de-icing &/or clearing and hauling snow tonight. Overnight parking restrictions will be enforced at Police discretion & violators may be ticketed &/or towed.
—@ChtownPE