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Old 07.02.2007, 19:23
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Fighting a Parking Ticket (Basel)

This is not my day. Not only does my car flake out, but...

I just received a call from the Basel police. They were informing me that they were going to be sending a parking ticket for 120 CHF. I apparently was "seen" by the cops yesterday blocking the sidewalk for over five minutes.

There is no place to park in front of our building except on the sidewalk, and I only do so for a moment - and while I am there with the car (loading/unloading). There's plenty of space for pedestrians to get by next the building (two people can walk abreast).

How does one fight a ticket like this?

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Old 07.02.2007, 20:50
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Re: Fighting a Parking Ticket (Basel)

Nearly as good as my (yet to be determined) fine for driving across a solid line. Can't believe they don't have a fixed ticket for that, and that it is higher than for driving through a red light.
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Old 07.02.2007, 21:28
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Re: Fighting a Parking Ticket (Basel)

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Nearly as good as my (yet to be determined) fine for driving across a solid line. Can't believe they don't have a fixed ticket for that, and that it is higher than for driving through a red light.
How hard is it to fight this kind of ticket? Did you need legal insurance, or can you do it yourself?
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Old 07.02.2007, 22:35
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Re: Fighting a Parking Ticket (Basel)

I know the feeling... I've been getting tickets lately in front of Hotel Basel in the old town. Apparently you are not allowed to drive there at all between 11:30 and 17:00, not even to load and unload. I went to the local police station and requested some time with the officer that gave me the ticket. He is the only one that can withdraw it. After a long story he withdrew one of the two tickets I had received saying that I really didnt know (one was CHF160 and one was CHF 140). So I would say, first try to reason with them. Alternatively, you could claim that it wasnt you driving and that you dont 'remember' who was. Unlike in Holland, tickets are not issued to the owner of the car but to one who was driving...

Good luck!
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Old 07.02.2007, 22:35
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Re: Fighting a Parking Ticket (Basel)

Quote:
This is not my day. Not only does my car flake out, but...

I just received a call from the Basel police. They were informing me that they were going to be sending a parking ticket for 120 CHF. I apparently was "seen" by the cops yesterday blocking the sidewalk for over five minutes.

There is no place to park in front of our building except on the sidewalk, and I only do so for a moment - and while I am there with the car (loading/unloading). There's plenty of space for pedestrians to get by next the building (two people can walk abreast).

How does one fight a ticket like this?

Do they have documentary evidence that your car was parked on the pavement - i.e. a photograph?
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  #6  
Old 07.02.2007, 23:01
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Re: Fighting a Parking Ticket (Basel)

My husband, who spoke to him because the police said he couldn't explain it in English and I would never trust my German to understand something told to me by the police admitted that we parked the car. In fact, my husband, the wonderful man he is argued a bit with the cop on the phone.

Regardless, I will see about making an appointment with the cop once I get the ticket in hand. I will ask for proof, in addition to bringing a photo of my car in the same exact spot and show how much room there is for pedestrians.

After what you've said, Stuart, I think that he may have been trying to see what I'd day to the problem.

Nick - no, no evidence. Just the cop saying he saw the car there not moved in a five minute period. We were unloading the car, so yes, it was there - but only unattended for 2 minutes, maybe less.
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Old 08.02.2007, 01:46
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Re: Fighting a Parking Ticket (Basel)

Quote:
How hard is it to fight this kind of ticket? Did you need legal insurance, or can you do it yourself?
No point fighting mine...guilty as charged.

Although it will depend upon the amount of the fine or if licence revokation is involved...but I doubt it. Legal insurance has a 3 month cooling off.
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Old 08.02.2007, 09:08
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Re: Fighting a Parking Ticket (Basel)

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Do they have documentary evidence that your car was parked on the pavement - i.e. a photograph?
Documentary evidence? I hardly think they need one.
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Old 08.02.2007, 09:29
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Re: Fighting a Parking Ticket (Basel)

so the cop actually saw you parked? Or was it a report from a neighbour?
I would challenge why he did not use disgression and ask you to move.
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Old 08.02.2007, 09:34
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Re: Fighting a Parking Ticket (Basel)

I find it extremely odd that the police should phone up to tell you a ticket is on the way!

The rule is simple: unless otherwise marked, parking with wheels on the pavement/sidewalk is against the law.

The annoying thing is that this is not often enforced and it is a typically continental habit, even when it is quite possible for cars to pass when parked in the road. Sadly I see that 'two-wheels-on-the-pavement' parking is gaining popularity in the UK.

Motorists are soft targets: they have you plates' number, thus name address etc. I don't see that there is any way out of paying this. Sorry...
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  #11  
Old 08.02.2007, 11:00
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Re: Fighting a Parking Ticket (Basel)

Quote:
I find it extremely odd that the police should phone up to tell you a ticket is on the way!

The rule is simple: unless otherwise marked, parking with wheels on the pavement/sidewalk is against the law.

The annoying thing is that this is not often enforced and it is a typically continental habit, even when it is quite possible for cars to pass when parked in the road. Sadly I see that 'two-wheels-on-the-pavement' parking is gaining popularity in the UK.

Motorists are soft targets: they have you plates' number, thus name address etc. I don't see that there is any way out of paying this. Sorry...
I found it completely odd as well, that they called. If they were going to just send the ticket, send it. The bigger question is why he didn't stop and issue the ticket then, if it was a ticket-worthy offense.

Both wheels were on the sidewalk, it is a very large sidewalk, with more than enough space for pedestrians to walk two abreast next to the building, even with a car parked there.

He told my husband I should have parked just another couple of meters away, in front of some garages, as to allow room on both sides of the cars for pedestrians. He didn't have an answer as to what to do if the occupant of one of these garages would come and want to use their space.

This is totally discounting the fact that if he's so hyped up on parking, he should have been issuing tickets in the blue zone on our street as it is a little-policed area and has massive abuse (people use it as a white zone, as they wish, leaving no parking for residents who pay for it. It is patrolled only extremely rarely)

Quote:
Documentary evidence? I hardly think they need one.
Then they should have issued the ticket at the time, don't you think? Not wait and call me a day later...?

Quote:
so the cop actually saw you parked? Or was it a report from a neighbour?

I would challenge why he did not use disgression and ask you to move.
From what my husband said, yes. The cop just saw it while driving and then again after five minutes. I was gone from the car for maybe two minutes, so I would have been with the car when it he saw it one of the two times, it was really five minutes.

It feels like a case of arbitrary application of arbitrary laws
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Old 08.02.2007, 11:20
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Re: Fighting a Parking Ticket (Basel)

Quote:
I found it completely odd as well, that they called. If they were going to just send the ticket, send it. The bigger question is why he didn't stop and issue the ticket then, if it was a ticket-worthy offense.

Both wheels were on the sidewalk, it is a very large sidewalk, with more than enough space for pedestrians to walk two abreast next to the building, even with a car parked there.
I think the minimum space requirement is 1m.20 extra space once the car is parked, I'd have to look that up.

Quote:

Then they should have issued the ticket at the time, don't you think? Not wait and call me a day later...?
Not necessarily. When I lived in Thalwil, i received through mail a ticket for a parking offense downtown Zurich (couple weeks after the offense actually took place).
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Old 08.02.2007, 11:42
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Re: Fighting a Parking Ticket (Basel)

Quote:
I find it extremely odd that the police should phone up to tell you a ticket is on the way!

The rule is simple: unless otherwise marked, parking with wheels on the pavement/sidewalk is against the law.

The annoying thing is that this is not often enforced and it is a typically continental habit, even when it is quite possible for cars to pass when parked in the road. Sadly I see that 'two-wheels-on-the-pavement' parking is gaining popularity in the UK.

Motorists are soft targets: they have you plates' number, thus name address etc. I don't see that there is any way out of paying this. Sorry...
There's a specific fine in CH if you don't leave enough space on the pavement (something like 1.5m) for peds to get past. And if the area isn't marked for parking there's typically a seperate fine for that. The 'blocking the pavement fine' is usually higher than the illegal parking one.

In the UK though I don't see any regulations against it. In fact, in many areas where you can park legally on the road the only way to keep the road clear for traffic is for people on both sides to put a couple of wheels on the pavement.

Indeed, I have to do that outside my house as the street gets full of people's cars in the evenings. I have to admit that one day when I had first moved back from CH I spotted an official looking person coming along with a clipboard/folder and had the instinctive reaction that it must be an official come along to penalise me for parking Of coure, it was nothing of the sort. I then finally knew that I indeed had been living too long in Swizerland Aaaah, being able to live life without worrying about people tapping you on the shoulder all the time really can't be underestimated.


Gav
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Old 08.02.2007, 11:44
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Re: Fighting a Parking Ticket (Basel)

This ticket matter is a BIG ISSUE...I don't think you can fight that ticket. What they do now is take a picture with time and every detail, so when you challenge, then you will have to go to court and answer. It is there, that you find out your smiley car parked wherever. Don't forget! The court charges etc will be yours for the taking if you have been quiet with first bill. It happened to a pal who is now less Sfr. 2,500.00 .
I will advise, pay the Sfr. 120.00 and save your wallet .
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Old 08.02.2007, 12:14
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Re: Fighting a Parking Ticket (Basel)

Quote:
This ticket matter is a BIG ISSUE...I don't think you can fight that ticket. What they do now is take a picture with time and every detail, so when you challenge, then you will have to go to court and answer. It is there, that you find out your smiley car parked wherever. Don't forget! The court charges etc will be yours for the taking if you have been quiet with first bill. It happened to a pal who is now less Sfr. 2,500.00 .
I will advise, pay the Sfr. 120.00 and save your wallet .
I very much doubt pictures are taken all the time. More likely only in tow-away cases.
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Old 08.02.2007, 12:59
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Re: Fighting a Parking Ticket (Basel)

Rule #94 in the "Handbook of Swiss Traffic Regulations" English-language version 1989 edition states (the red is theirs) :

Parking on the pavement is forbidden unless otherwise explicitly signalized or marked; moreover, you may stop on a pavement to allow the loading or unloading of goods or to allow passengers to get in or out only if at least 1.5 m remain free for pedestrians.

If you are obliged to drive your car on the pavement, you must give pedestrians priority. Cyclists must dismount.


(I think the 'cyclists must dismount bit' is the most broken rule in Switzerland.)

If there was 1.5 metres and you were loading/unlaoding etc you may have a case...
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Old 08.02.2007, 13:02
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Re: Fighting a Parking Ticket (Basel)

Quote:
Rule #94 in the "Handbook of Swiss Traffic Regulations" English-language version 1989 edition states (the red is theirs) :

Parking on the pavement is forbidden unless otherwise explicitly signalized or marked; moreover, you may stop on a pavement to allow the loading or unloading of goods or to allow passengers to get in or out only if at least 1.5 m remain free for pedestrians.

If you are obliged to drive your car on the pavement, you must give pedestrians priority. Cyclists must dismount.


(I think the 'cyclists must dismount bit' is the most broken rule in Switzerland.)

If there was 1.5 metres and you were loading/unlaoding etc you may have a case...
Thank you - I was going to go and dig out my book and check to see what it said.

Since it was loading/unloading, and there was room, I can probably fight it. But if it means going to court and I don't have legal insurance, then it isn't worth it. But I will be measuring to see just how much space pedestirans had to go by, even if only for my own edification.
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Old 13.04.2010, 20:27
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Re: Fighting a Parking Ticket (Basel)

this sounds crazy..that you can go to jail for a non criminal act in this country... so as an english speaker i am unable to read the law to find out in the officer was operating with in a statute or not... according to alberta law he failed to produce ID and i didn't understand the charge... i don't have a contract with switzerland and i would argue that they don't have jurisdiction over me..as a man.
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Old 13.04.2010, 21:14
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Re: Fighting a Parking Ticket (Basel)

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this sounds crazy..that you can go to jail for a non criminal act in this country... so as an english speaker i am unable to read the law to find out in the officer was operating with in a statute or not... according to alberta law he failed to produce ID and i didn't understand the charge... i don't have a contract with switzerland and i would argue that they don't have jurisdiction over me..as a man.


I'm not sure what you're talking about. This was about an incident I had in 2007. What's up with alberta law? Alberta Canada? What does that have to do with Switzerland? What charge? What contract with Switzerland?

If you live - or even are visiting - a country, then yes, they have jurisdiction over you. As a human being, regardless of gender.
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Old 13.04.2010, 22:46
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Re: Fighting a Parking Ticket (Basel)

Today I also had a seriously bad experience with some animals dressed in police uniform. I left my keys inside my car with engine on and went outside my car to check something on my wheels. Apparently what I did was close to a war crime. My experience is that they only need to keep looking on their stupid code to find whatever reason to fine anyone. And they interpret at their will so that they do whatever they need to.

Tonight, since they were just literally bullying me I took my mobile out and started recording. They took it immediately from my hands and told me it was illegal. After plenty of discussions they however gave me my natel back, after making sure the recorded video had been deleted.

I wonder whether it is indeed illegal to record any police agent (or animal dressed in police custom) while they are issuing you a fine. If it would be I am sure they would have issued me an extra fine. I honestly think they just wanted to abuse me and of course that there was no tracking record.

Finally: one of the police animals -I mean, agents- was wearing a earring. Anyone knows whether male policemen may wear earrings?

Tonight they stole from me 140CHF francs. And it was policemen who did it.
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