Parking Fine query - for the brains trust

[Foxpuppet]

What's the go with parking fines, should they be left on the vehicle or just posted to you after the fact?

Reason I ask is I got a fine posted to me in the mail from Lane cove council for a no stopping within 10m of an intersection, I'm prepping myself to contest it but I've been thrown a nice back stabbing curveball.

I've been parking in the street adjacent to a jobsite which is well signposted and no issue as I park within the allowed spots. another construction job has started nearby and meant parking is now at a premium. So I parked in the exact same position I've been parking but in the street that runs parallel (basically other end of the block.

Blissfully unaware I'm breaking the rules (as all the streets are signposted the same, I get a fine in the mail (not on the car) telling me - no stopping 10m of intersection - $242

So I check the streets around, every street has a sign except this one (a deadend street) so you can park as close as 1m with a sign there, but in this one 10m back from the corner as the sign is missing.

I decide yep no probs, clearly I've done the wrong thing but then I get a reminder notice..... Not for this fine but another one from 2 days prior to what I thought for the exact same thing.

If I'd have known about the first 'offence' I wouldn't have parked there again. But by sending the fine in the mail, I'm left unaware I've done anything wrong.

What should I do to try and contest it?




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[Foxpuppet]

Bueller?


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[geeang]

No chance you'll be able to contest it.

From Parking - Road rules - Safety & rules - Roads - Roads and Maritime Services

Within 10m of an intersecting road at an intersection without traffic lights unless a sign allows you to park there (see image)

That's for NSW, but most/all other states are the same.

You might get very very lucky if you call them and ask for photo evidence. If they don't have evidence, they won't be able to prove the offence took place. But I'm guessing the picture you posted is from the council, in which case you have to pay the fine.

There also isn't a requirement for councils to place a ticket on your vehicle, and they can post it in the mail. Try calling them up and pleading ignorance. You might get a sympathetic person who will cancel ONE of your fines.

[volksMuller]

what a bunch of arseholes, doing your job providing for your family,working to pay taxes,bet you the officer has no glue to how hard it is to carry tools to a job parked blocks away......has your parking caused an accident or even a possible accident......these ****heads need to take a trip overseas go to Italy and see how it really does work.......when parking is a premium. I hate money grabbing councils,bet they also got a big slice of hard earned dollars from all the developers/ land owners who commissioned the work too.

[blutopless2]

Even if they don't have photo evidence you will not be able to contest it... their word is ranked higher than yours in court.. same as Police. you need to provide the evidence that either you were not there, or you were parked legally. I would pay the fine.

[brad]

Councils usually post the fines these days as too many people threw them on the ground and claimed they didn't get them.

They will have photos.

I assume the street running perpendicular is empty for a reason? What a bugger - it's really frustrating trying to find parking when you are trying to get a job done. I used to knock back a lot of jobs in the city because there was nowhere to park the vehicle.

There also isn't a requirement for councils to place a ticket on your vehicle, and they can post it in the mail. Try calling them up and pleading ignorance. You might get a sympathetic person who will cancel ONE of your fines.

^^^^ This!

As a fine is supposed to be a form of education as well as punishment, you might get lucky. OTOH, all the council fines are passed directly to the Office of State Revenue & generally council can do nothing once they have issued the fine. It's a great system that is designed to stop you from trying to contest the issue.

VolksMuller, while I can see your point, I'mm sure you'd be complaining if a semi went round the corner & tail-dragged & put the back wheels over your vehicle that was parked too close to the corner or if you were trying to pull out of the intersection and couldn't see properly up the street and had an accident.

I know it was a huge inconvenience when I was selling tyres & the drunks from the club next door would block our driveways on a Saturday morning.

[Foxpuppet]

Councils usually post the fines these days as too many people threw them on the ground and claimed they didn't get them.

They will have photos.

I assume the street running perpendicular is empty for a reason? What a bugger - it's really frustrating trying to find parking when you are trying to get a job done. I used to knock back a lot of jobs in the city because there was nowhere to park the vehicle.

^^^^ This!

As a fine is supposed to be a form of education as well as punishment, you might get lucky. OTOH, all the council fines are passed directly to the Office of State Revenue & generally council can do nothing once they have issued the fine. It's a great system that is designed to stop you from trying to contest the issue.

VolksMuller, while I can see your point, I'mm sure you'd be complaining if a semi went round the corner & tail-dragged & put the back wheels over your vehicle that was parked too close to the corner or if you were trying to pull out of the intersection and couldn't see properly up the street and had an accident.

I know it was a huge inconvenience when I was selling tyres & the drunks from the club next door would block our driveways on a Saturday morning.

It's a dead end street, ends about 60m in front of where I'm parked. On the street parallel to this one the sign is 3m from the kerb (about halfway along the length of my van)

I've already paid one fine, gonna call them and see if I can get out of the second one.


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[brad]

Mate, I'm not having a go. I probably would have parked the same way under the circumstances

[Foxpuppet]

Mate, I'm not having a go. I probably would have parked the same way under the circumstances

No offence taken, just explaining why I parked there.


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[AALocksmiths]

I used to have to do the same thing when working on sites, my reasoning is that I am loading and unloading the car as well as having to go back and forth for parts, I can't be parked up the road carting tools back and forth.

Maybe you can write to the council and explain something like that? Mention that there is insufficient parking in the area and due to the nature of your work you can not be parked too far from your van as you need it for work. Might work, might not.

[brad]

They don't give a fig about your circumstances.

One of the first jobs I ever did was reinforcing the loading bay floors on one of the old wool stores in Haymarket / Ultimo. There was nowhere for the boss to park the truck. He just parked illegally in the No Standing zone out front every day and copped a fine that was added into the cost of the job.

You probably couldn't do that now

[The_Hawk]

What's your time worth? Loosing a day screwing about in court is a PITA but for avoiding $500 in fines it might not be worth it, a sad sad place to be

You could contest them all, take along the evidence (photos) of the other sign posts in the immediate area showing that you could park that close to the corner and argue that you simply didn't notice it was any different (Bonus points if there is any indication that there was a sign that's been taken down/knocked down on that particular corner. While ignorance is not a defence, given it's the truth it's worth a shot at throwing yourself on the mercy of the court (you are essentially saying you are guilty of the offence but with mitigating circumstances).

If nothing else I would contest the subsequent fines for exactly the reasons you've given. Had you of known you would have changed your behaviour and since you have been informed you have taken corrective action. I recall a while back reading about some guy who challenged a series of fines for driving through a bus lane. He copped a whole bunch for driving from one end to the other (in one trip) but the court accepted that he should only be fined once. Your situation is a little different, but the same general principle applies.

Be polite to the judge (since they usually have the option to increase the fine or apply the maximum penalty) and hope for the best.

Let us know how it goes if you choose to fight it.

[gordy]

I've been in this same situation. It's a waste of time, you're better off just paying it and be done with it. If its any consolation your fine was less than mine.