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Student learns of 24-hour bylaw after parking ticket issued outside Montreal home

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Student gets parking ticket outside home
WATCH ABOVE: A Montreal student says he was fined for parking outside his apartment building for longer than 24 hours. As Global's Phil Carpenter reports, Jean-Pierre Colgan-Nolin argues he has a permit to park in a spot reserved for residents – Feb 5, 2018

UPDATE: A previous version of this story stated that Quebec’s Highway Safety Code forbids people from parking in one spot longer than 24 hours, according to Montreal police. The force has since revised its statement; there is no such provision in Quebec’s Highway Safety Code.

Jean-Pierre Colgan-Nolin got a nasty shock when he got home from work three weeks ago.

He had parked his car outside his apartment on Charlotte Street on Friday and hadn’t moved it all weekend, and it wasn’t until he returned home Monday night, 72 hours later, that he discovered the ticket.

READ MORE: Montreal abolishes infamous traffic and parking ticket quotas, bonuses tied to them

“I was really surprised,” he told Global News.

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“Obviously, I was angry so I called and they told me ‘It’s a rule, it’s a law, it’s written in black and white.”

The bylaw states that you cannot be parked more than 24 consecutive hours in the same spot and applies in most Montreal boroughs.

In Rosemont-La-Petite-Patrie, it applies only to heavy vehicles, and in Anjou and Montreal North, it’s 72 hours.  There is no such bylaw in the Plateau Mont-Royal.

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Sgt. Laurent Gingras, spokesperson for the Montreal police, speculates that municipalities introduced the regulation because “they needed to clear the streets for vehicles to clean the streets actually… And for residents to park as well.”

READ MORE: Over budget: Police directing traffic costs Montreal extra $10.5M in overtime

However, he said it is rarely enforced.

“[Enforcement] starts from a complaint from the public,” Gingras explains.

According to police, only 71 out of the more than million tickets issued by parking agents last year, were for this infraction.

WATCH BELOW: 24-hour Montreal parking ticket could have been contested: lawyer

Click to play video: '24-hour Montreal parking ticket could have been contested: lawyer'
24-hour Montreal parking ticket could have been contested: lawyer

Colgan-Nolin already paid the ticket, but says he’s frustrated.

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“I have to wake up early in the morning. I can’t take my car because it’s hard to find parking in the middle of the city so I have to move my car before going to take the Metro,” he said.

Colgan-Nolin said he uses his car more now, just to avoid getting another ticket, and says the bylaw is odd in a city that’s encouraging public transit use.

“If you encourage people to take the Metro and stuff, you change those types of laws. It doesn’t make sense,” he said.

READ MORE: Montrealers receive more tickets than any other city in Quebec

Avi Levy, lawyer and founder of Ticket 911, says if Colgan-Nolin hadn’t already paid his ticket, it’s likely he may have been able to fight it in court.

“For it to be valid, you need to be made aware of it. Everybody is supposed to know the law, nobody is supposed to ignore the law, but this is one of those things where normally the city should post a warning at the entrance of the city limits saying you can’t park overnight,” said Levy.

“In this case, he paid the ticket, which is kind of too bad. It’s unfortunate, but had he not paid it, he definitely could have fought it.”

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In a statement to Global News Tuesday, a spokesperson for the City of Montreal said for now, the Ville-Marie borough has no plans on changing its bylaw.

“The agenda for council meetings are set long in advance, so if the resident would like to attend and ask a question to shed light on this situation, he is welcome to do so,” the e-mail said.

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