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UPDATE: Class action lawsuit being filed against city for illegal “Know Your Zone” tickets

Car surrounded by snow during residential plowing operation. December 21, 2015. Chris Stanton/Global News

WINNIPEG — The City of Winnipeg could soon be up against a multi-million dollar lawsuit after thousands of illegal tickets were written to drivers.

Local group, Wise Up Winnipeg,  said it is planning to file a class action lawsuit on behalf of thousands of Winnipeggers who were given tickets during the “Know Your Zone” parking ban for snow plowing.

WATCH: Brittany Greenslade’s full story

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Class action lawsuit being filed against city for illegal “Know Your Zone” tickets

“$3.5 million is our best estimate,” said Todd Dube from Wise Up Winnipeg. “That being 35,000 tickets issued over the three years the illegal bylaw was in effect with an average of about $100 per ticket.”

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In December, the city admitted some tickets were handed out under the bylaw were not legal because of a clause in the province’s Highway Traffic Act.

“We want the tickets to be properly refunded,” said Dube. “They shouldn’t have been issued in the first place… they city has acknowledged that.”

Dube filed a Freedom of Information request and found nearly 35,000 tickets were handed out through Know Your Zone over the past few years.

READ MORE: City admits thousands of snow zone tickets were illegal

Under that bylaw, signs need to be put out to warn drivers their street will be plowed.

Without the signs tickets can only be given from 11 pm to 6 am.

“Absolutely they should be pushing for a refund,” said former police officer Len Eastoe. “It’s big brother telling people you’ve done something wrong so everyone just throws in the towel and pays it. Nobody knew the signage was incorrect. Now it’s brought to light the city messed up. It doesn’t matter that people paid it and admitted their guilt. They were just doing what they were told.”

Eastoe has been working as a traffic ticket agent for Traffic Ticket Experts for the past 25 years and helps Manitobans fight tickets. Eastoe said the city was in the wrong and needs to not only admit it but refund drivers.

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“They need to take the next step with admitting that you’ve done something wrong and correct it,” said Eastoe. “That’s giving the money back to people that shouldn’t have paid it in the first place.”

While the city has admitted the mistake, it has refused to provide any refunds to drivers. City lawyers have said they aren’t required to provide refunds for drivers who voluntarily pleaded guilty and paid their fines.

The city tells Global News it is in ongoing discussions with the province about the issue but refused to elaborate further.

Dube said the lawsuit will be ready to be filed by the first week of February.

 

 

 

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