sec.59Facilitation of proof

sec.59 Facilitation of proof

In any proceedings under or for the purpose of the Act or this regulation the allegation or averment in any complaint— that at any time or date mentioned in the complaint any place is or is not or was or was not a metered space, parkatarea space, or loading zone, as the case may be, or a part thereof, or is or is not or was or was not within a traffic area; or that any specified time is or is not or was or was not within the fixed hours in relation to a metered space or spaces, or a parkatarea space or spaces, or is or is not or was or was not within the hours and upon a day during which regulated parking other than metered parking and parkatarea parking is or was operative within a traffic area; or that any specified period is or was the prescribed maximum period for which a vehicle may be parked in a metered space or in a parkatarea space, or within a traffic area other than in a metered space or parkatarea space; or that a device installed for a metered space or parkatarea space is a parking meter or parkatarea, as the case may be, duly installed and maintained in relation to, or provided for, that space; shall be prima facie evidence of the matter or matters so alleged or averred. This section shall apply to any matter alleged or averred hereunder although evidence in support of such matter or of any other matter is given and shall not lessen or affect any onus of proof otherwise falling on the defendant. s 59 sub reg pubd gaz 10 July 1965 pp 1406–7 amd 1994 SL No. 232 s 14 ; 2010 SL No. 36 s 4 (sec.59-ssec.1) In any proceedings under or for the purpose of the Act or this regulation the allegation or averment in any complaint— that at any time or date mentioned in the complaint any place is or is not or was or was not a metered space, parkatarea space, or loading zone, as the case may be, or a part thereof, or is or is not or was or was not within a traffic area; or that any specified time is or is not or was or was not within the fixed hours in relation to a metered space or spaces, or a parkatarea space or spaces, or is or is not or was or was not within the hours and upon a day during which regulated parking other than metered parking and parkatarea parking is or was operative within a traffic area; or that any specified period is or was the prescribed maximum period for which a vehicle may be parked in a metered space or in a parkatarea space, or within a traffic area other than in a metered space or parkatarea space; or that a device installed for a metered space or parkatarea space is a parking meter or parkatarea, as the case may be, duly installed and maintained in relation to, or provided for, that space; shall be prima facie evidence of the matter or matters so alleged or averred. (sec.59-ssec.2) This section shall apply to any matter alleged or averred hereunder although evidence in support of such matter or of any other matter is given and shall not lessen or affect any onus of proof otherwise falling on the defendant.