\u201cWe therefore find that Mr O\u2019Sullivan tried everything that was reasonable to pay the parking ticket and dispute the infringement but was unable to do so and was not assisted by any of the agencies involved.\u201d<\/p>\n
O\u2019Sullivan took the case to court as a private citizen and not in his capacity as a police sergeant. He asked that the matter be called in court after failing twice to dispute the infringement.<\/p>\n
Failure to pay the fine was an offence under the Land Transport Act that carried a maximum penalty of a $1000 fine.<\/p>\n
He told the JPs he parked outside his workplace \u2013 the Rotorua Police Station \u2013 on Fenton St at 8.34am on May 2 and tried to use the i-Park app to pay, as he had done several times before.<\/p>\n
He said multiple attempts failed and he thought to himself \u201chere we go\u201d, so he took screenshots to ensure he was \u201ccovered\u201d, he told the JPs. <\/p>\n
He said he had no issue paying for parking and produced a pile of papers showing the numerous times he had paid.<\/p>\n
He argued he could not use nearby parking metres as he did not carry cash or own a debit card.<\/p>\n
O\u2019Sullivan told the court he had no choice but to bring the \u201cfrustrations\u201d to court \u201con behalf of his colleagues, friends and the public of Rotorua\u201d, as he said the same problem had happened \u201cmultiple times\u201d.<\/p>\n
The Rotorua Lakes Council’s parking system was the subject of a court battle this week. Photo \/ Laura Smith<\/p>\n
\u201cMyself and my work colleagues all take screenshots when we have these issues. <\/p>\n
\u201cTo save the court\u2019s time, I didn\u2019t think it was relevant to bring 20 police officers to the court to explain the numerous issues we have had around parking outside our particular workplace.\u201d<\/p>\n
Michael Kelly told the JPs he was the general manager of Innovations Parking Solutions, known as i-Park \u2013 the Auckland-based company contracted to the council to deliver Rotorua\u2019s parking service.<\/p>\n
\u201cWe submit the defendant did not pay for the parking and that if the defendant was unable to pay for the parking, he had the option to relocate his car to a place where there was no payment required, approximately two blocks away,\u201d Kelly said.<\/p>\n
O\u2019Sullivan came to court with a file of evidence, none of which the JPs or Kelly said they had received.<\/p>\n
O\u2019Sullivan said he supplied a dossier of all documents, including his statement and supporting evidence, to the council and could provide an email acknowledging receipt.<\/p>\n
Nicholas O’Sullivan wanted to pay for his parking, but couldn’t. Photo \/ Mathew Nash<\/p>\n
Kelly said he did not dispute they were sent, but said he had not been forwarded the documents.<\/p>\n
Kelly produced evidence showing the parking metres close to O\u2019Sullivan\u2019s car park and the app were functioning between 9am and 10am on the day in question.<\/p>\n
O\u2019Sullivan said the evidence was \u201cirrelevant\u201d as the app wasn\u2019t working when he tried to pay at 8.34am, not between 9am and 10am.<\/p>\n
Watson said O\u2019Sullivan had done everything he could.<\/p>\n
\u201cWhen he received the ticket, he went straight to the enforcement authority as listed on the ticket, which is the Rotorua Lakes Council.\u201d<\/p>\n
She said the Rotorua Lakes Council \u201cwould not listen to his complaint\u201d and told him to go to the Community Hub. There, he was instructed to contact PrestoPark, the company behind the i-Park app. <\/p>\n
\u201cHe attempted to phone them but we have seen evidence that he was unable to proceed as there were only non-English options on the app.\u201d<\/p>\n
The JPs dismissed the case.<\/p>\n
\u201cTherefore, we find the infringement not upheld and Mr O\u2019Sullivan is free to go.\u201d<\/p>\n
Rotorua Lakes Council voted in May not to renew its contract<\/a> with i-Park.<\/p>\n From July next year, the council will directly employ parking wardens and will take over responsibility for customer service and financial administration.<\/p>\n The outsourced i-Park system was introduced in mid-2018 and has reportedly been a source of frustration<\/a> locally.<\/p>\n