A Norwalk woman who said she was unaware that parking on Elm Street had changed from free to paid had her ticket voided by the New Canaan Parking Commission on a divided vote.
Vienna Bandur received a $30 ticket at 10:05 a.m. on June 16 on Elm Street, issued in the Elm/South Street zone. In a written appeal submitted to the Parking Bureau, Bandur said she’d come to town to meet a friend for coffee and was parked for approximately 30 to 40 minutes.
“I do not live in New Canaan and was unaware that the parking on Elm Street had recently transitioned from free parking to metered parking,” Bandur said in her appeal. “There were no physical meters at the space where I parked or markings on the parking spot itself, and there was no signage indicating payment was required immediately in front of or near the spot, although, in hindsight, I did see that there were signs farther down the street, which I unfortunately overlooked.”
Bandur appeared before the Commission via Zoom on July 8 to make her case, telling members of the appointed body that she had been to New Canaan before and every previous time had found parking to be free.
“I was unaware that changed,” she said. “I was just running in to meet a friend to have a conversation about a job opportunity. Had a quick coffee. I was parked for less than an hour. If I knew of it, I certainly would have paid.”
She added that she did not see any meters, markings or signage immediately in front of her spot or adjacent to it.
“I got a ticket on my windshield and then I looked around and saw that down the street there were things, but I wasn’t aware of the change,” she said. “It was an oversight.”
Commission Chair Nancy Bemis said she was inclined to void the ticket, drawing a distinction between out-of-town visitors who might reasonably be unaware of the change and New Canaan residents who have had ample opportunity to learn about it.
“I don’t think there’s an excuse for that for a town resident because it’s been so highly socialized and reported,” Bemis said. “But I do believe that others that come from out of town and don’t frequently come to New Canaan shouldn’t be penalized if they haven’t been here in six months or a year and didn’t realize the parking has now been converted to paid.”
She also said the commission had already recognized that signage is an area that warrants further discussion.
“I think it is important that we continue to promote that New Canaan is open for business to people outside of our community,” Bemis said. “I feel the goodwill of waving the ticket for someone who came here to shop, didn’t know, hadn’t been here, was unfamiliar and I would hope that fair gratitude means they remember it and it makes New Canaan have a welcoming face to our surrounding towns.”
Commissioner Katie O’Neill and Secretary Kevin Karl agreed. Commissioner John Clarke, participating via Zoom, dissented.
“I have the same position that I had last meeting,” Clarke said. “Ignorance of the law is the defense here. The change is more than six months old. The signage is the signage. I think it’s increasingly kind of easy for someone to just say, ‘Oh, I didn’t know.’ “
The Commission voted 3-1 to void the ticket. Commissioner Marley Thackray was absent.
Bandur, in her written appeal, noted she had no prior parking violations and had been supporting a local business.
“I fully respect the town’s parking policies and would not have intentionally failed to pay for parking had I realized payment was required,” she wrote. “I appreciate your understanding and will certainly be aware of the metered parking requirements should I visit New Canaan again in the future.”