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Hi,

I recently received two infringement notices on my vehicle which was parked on the street outside my house in a suburb of Wellington. The notices were for a lack of a Warrant of Fitness and a lack of current vehicle registration.

While I do not deny the fact that my vehicle does not have a current WoF nor registration, I do not believe the infringements are justified. I would like your opinion on whether I have grounds for a dispute.

The reason I believe I have a basis to dispute the infringements is that:
•   I was not operating the vehicle when it got the ticket;
•   there was no indication that the vehicle was, or had been in use;
•   I have made an effort to update my WoF and my registration, but due to financial reasons, I have so far been unable to do so; and
•   There is no off-street parking available to park the vehicle while I arrange to get a WoF/registration.

Like I said, the vehicle in question was parked in a suburban area outside my house, where it has been for several months without registration or a WoF). In any other area of the country I'd have parked the car off the street on private property and I would not have been fined. However, this is not possible in most parts of Wellington.

I have been seeking quotes for repairs to the vehicle that are required before I can get a WoF (i.e. rust removal), but these repairs are expensive and I am not in a position to get the work done at this stage.

Furthermore, I did try to update my registration when it became overdue, but when I tried to purchase the registration I was told I could not do so without a current WOF, which – for the reason above – I cannot yet attain.

The vehicle has not been in use since the WoF and Registration lapsed.

Cheers,

I don’t consider you would have grounds for disputing the fines in court. Not having a current vehicle licence can be both a moving offence or a stationary offence – it is also an offence to park a vehicle on a public road without a current licence: see section 77(2) of these regulations. The regulations around WoF could be interpreted the same way.

Wellington City Council may waive such infringements under certain circumstances, so you have nothing to lose by writing and explaining your circumstances, but parking wardens are legally permitted to issue these infringements for stationary offences. It’s a difficult situation, but the only way to avoid this in future is to rent off-street parking in the neighbourhood, or sell the car until you can afford to replace it.

Is the above infomation correct? I am sure that a vehicle does not need a wof to be registered.

A vehicle needs a current WoF in order to renew a licence, but it doesn't need a current licence in order to obtain a WoF.

What if you have an exemption with your rego on hold? You cannot have a COF as the rego is in linbo. Is it still illegal to park on a country road verge 2m away from the edge of the road?