'It's ridiculous': N.L. woman calls out justice system after 8 months fighting $25 parking ticket

A quick meeting at a bank in downtown St. John's turned into a lengthy legal battle and, according to one Newfoundland woman, a harsh lesson in what's wrong with the justice system. 

Claire Heffernan says she parked on Harbour Drive and put her credit card in the meter one morning back in October 2016.

When she returned, she had a $25 ticket for an expired meter.

"I immediately wondered what was wrong with the meter, because I had put my Visa card in twice and got no response either time. So I had no messaging to say whether or not I had done it incorrectly."

The Mount Pearl woman contested the ticket — never imagining how much time and resources it would take.

"It's easier to pay it than to fight it," she said.  

Right to a speedy trial

Heffernan has seen and heard the news stories about stresses on the judicial system, attributed in part to a lack of court dates and resources.

Last year, the Supreme Court of Canada's Jordan decision set deadlines for an accused's right to a speedy trial — something that has resulted in charges being stayed in many serious cases across the country, up to murder charges.

Heffernan said her experience fighting a simple $25 parking ticket shows how flawed the whole system is.

That strikes me as wrong, wrong use of our money as taxpayers.- Claire Heffernan

"When I see that they drop charges on cases where there are drugs and money and weapons, because they can't get time in Supreme Court. Yet they had time to get me to Supreme Court to get an extension for an appeal for a parking ticket?" Heffernan asked.

"That strikes me as wrong, wrong use of our money as taxpayers."  

Heffernan finally got her day in traffic court last week, eight months after being ticketed.

'Not in evidence before me'

Heffernan, who represented herself in court, has pages and pages of documents related to her battle against the ticket — and the system.

Initially, she says she was advised to sign the back of the ticket to contest it and put it in the mail, something she says she did a day later.

Despite that, Heffernan says she got a notice of conviction dated Jan. 20, telling her she had to make a payment by Jan. 8 — 12 days earlier. As a result, she had to file an appeal to the Supreme Court of Newfoundland and Labrador. That process took a while to figure out — there were forms to complete, a court date to attend.

Eventually, her case was sent back to traffic court for a hearing.

Last week, she finally had her day before a judge.

As the city's lawyer blamed Heffernan for failing to use the meter properly, or call St. John's 311 information line for instruction, Judge Jim Walsh interjected.

"Why would you expect anybody trying to use a Visa on a parking meter to phone 311 and ask them how to use the meter? Why is there any onus on the person who is parking?" he asked.

The judge said it's the city's responsibility to tell people how to use their parking meters, and the instructions need to be more clear.

"The clear instructions on a meter as to how to use a Visa, it's not in evidence before me — I can't read that," he said as he dismissed Heffernan's ticket.

Heffernan said she's relieved the "onerous task" is over, and hopes the city will do something to make its meters more user-friendly.

Can't comment on specific cases

In an emailed statement, the Newfoundland and Labrador Department of Justice and Public Safety said it can't comment on specific cases like Heffernan's.

But in general terms, the department said parking tickets don't usually take a lot of court time and are dealt with at the same time as other short matters.

Each case before the courts "is dealt with individually based on its merits," the statement continued.

Heffernan, meanwhile, has an opinion on the process she went through: "For a $25 parking ticket? It's ridiculous."

She hopes more people will stand up for themselves. 

"I have to say, the one thing that boggles my mind is how much fighting this ticket has cost taxpayers. And that's wrong, and that's why I fought it."