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Can you be more specific; when you say they were 'going through all the parked vehicles and fining them', were they physically searching through them and then fining whom for what? How did they know whether the driver was the owner of the vehicle and therefore the responsible person? You have to be more specific before anyone can really answer you.
Interesting, the question then is whether they are allowed to come into my driveway and fine me for having smooth tires? I would have thought that they would only be able to fine people during the usage of public facilities. If they are able to fine people for smooth tires on private property then what would stop them from fining each and every driver who has his car parked at the tyre fitment centre waiting to have new tires fitted. Seems like a couple of Metro cops are looking to fill their monthly fine quota using a quick n dirty method.
I have seen it in Durban, they fine the cars for smooth tyres, expired license discs etc. They walk through the big mall parking lots.
Ian is correct, they were fining for smooth tyres, expired License while the owners were in the shopping centre unaware.
The reason I asked is if someone received a fine for smooth tyre, wouldn't they be able to say that they parked the vehicle there while they went to buy tyres or the vehicle wasn't in use.
The same with an unexpired licence, the vehicle was not in use and parked on private property.
Not to sound harsh, but there's not really anything to worry about if you just have a valid license disc and keep your tyres roadworthy?
It's never really bothered me that they give fines in public places (a shopping mall could still be considered public). Rules are rules I guess. Trying to get out of it with the excuse of "I went to buy tyres" is probably going to have the same effect as telling a policeman you were on your way to renew your expired license if they catch you in a roadblock.
"The way to gain a good reputation, is to endeavor to be what you desire to appear." - Socrates
A Shopping mall parking lot is private property. They are not allowed to write any ticket on private property.
I just hope the people who received the tickets do the right thing and go to court and hold the cop liable for the ticket.
A Shopping Mall parking lot may be private property, but it is for public use. As long as the 'Mets' have cleared with the management of the mall, I see no reason why they can't go around issuing tickets? Yes it is a poor showing of disrespect to the general public, but it is still valid law enforcement?
For instance, if the car with smooth tyres is at the mall, if it wasn't carried there on a trailer, then it is safe to assume it was driven or towed there and either of these scenarios would be breaking the law IRO road-worthiness.
Today Defines Tomorrow
Errare Humanum Est Remitto Divinus
A Shopping Mall parking lot may be private property, but it is for public use. As long as the 'Mets' have cleared with the management of the mall, I see no reason why they can't go around issuing tickets? Yes it is a poor showing of disrespect to the general public, but it is still valid law enforcement?
For instance, if the car with smooth tyres is at the mall, if it wasn't carried there on a trailer, then it is safe to assume it was driven or towed there and either of these scenarios would be breaking the law IRO road-worthiness.
I suppose you would then happily pay the fine issued in the following scenario:
You invite some friends, and their friends over for a braai. The meat sizzles and the booz flows. You all decide to have a skinny dip. What a great and relaxed party. You didn't lock the gate and the next moments the pool is surrounded by cops.
Cop: "Hey you all, get out of the pool, who's the owner here ?"
Dave S: "I am Sir, what's the problem here?"
Cop hands over ticket for R 5000 to Dave S for "indecent exposure in public" of 10 people.
Dave S: "But Sir, this is my house, look at those walls, nobody can see us".
Cop: "Do you know everyone here personally" ?
Dave S: "Yes, most of them, but some I just met tonight."
Cop: " Aaaah, PUBLIC PLACE, so your house is open for public use."
Cop: "And this car over here, the tyres are very smooth, here's another ticket for you. "
Dave S: "But Sir, I'm building that car up from scratch, it's standing on bricks ffs ! ".
Cop: "It is safe to assume it was driven or towed here and either of these scenarios would be breaking the law IRO road-worthiness. Goodbye Mr. S Dave".
Dave S: "??< I don't know what Dave's last response was. What was it ? >??"
Last edited by SkyWalker42; 05-Jul-13, 08:07 AM.
Reason: spelling
I suppose you would then happily pay the fine issued in the following scenario:
You invite some friends, and their friends over for a braai. The meat sizzles and the booz flows. You all decide to have a skinny dip. What a great and relaxed party. You didn't lock the gate and the next moments the pool is surrounded by cops.
Cop: "Hey you all, get out of the pool, who's the owner here ?"
Dave S: "I am Sir, what's the problem here?"
Cop hands over ticket for R 5000 to Dave S for "indecent exposure in public" of 10 people.
Dave S: "But Sir, this is my house, look at those walls, nobody can see us".
Cop: "Do you know everyone here personally" ?
Dave S: "Yes, most of them, but some I just met tonight."
Cop: " Aaaah, PUBLIC PLACE, so your house is open for public use."
Cop: "And this car over here, the tyres are very smooth, here's another ticket for you. "
Dave S: "But Sir, I'm building that car up from scratch, it's standing on bricks ffs ! ".
Cop: "It is safe to assume it was driven or towed here and either of these scenarios would be breaking the law IRO road-worthiness. Goodbye Mr. S Dave".
Dave S: "??< I don't know what Dave's last response was. What was it ? >??"
Your scenario is totally out of the context of the debate. Firstly, my private residence is, well, private, and cops would need a court order to enter, unless they have received a complaint from neighbours regarding the nudity, noise, etc. In which case they can only investigate the complaint. A car parked at a shopping mall, is very different to a car standing on bricks at my residence (incidentally, the car that is standing there now, was transported on a trailer).
Dave S' response would be, "Please, Mr. Cops, can I see all of your valid Identifications and badge numbers, as well as your court order, please furnish me with the details of the authorising commander of your unit. Thank you, see you in court..."
Today Defines Tomorrow
Errare Humanum Est Remitto Divinus
Yeah I'm really not sure how skywalker's argument is valid. The scenario is completely different to that of a shopping mall.
Anyway, I'd rather have the cops walking around a shopping centre parking lot fining for license discs and tyres than have them set up a roadblock at the entrance/exit to a mall, which would probably be well within their rights, but would cause chaos of note.
Simple really: If you're driving a car, make sure it's licensed and roadworthy. Then there'll be no problems regardless of where you are?
"The way to gain a good reputation, is to endeavor to be what you desire to appear." - Socrates
Simple really: If you're driving a car, make sure it's licensed and roadworthy. Then there'll be no problems regardless of where you are?
That's the point, if your vehicle is always maintained legally, you would not have to worry about "shopping mall menaces" and it would become a none-issue. However, if I were to get a fine at a shopping mall, I would still wait for a summons and have my day in court, I certainly wouldn't just pay the fine at any rate.
Today Defines Tomorrow
Errare Humanum Est Remitto Divinus
Dave S: "??< I don't know what Dave's last response was. What was it ? >??"
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