Fine for parking in own driveway

Lrako2002 on 04/06/2016 - 17:18
Last edited 04/06/2016 - 17:21

Hi Guys- just got a fine from North Sydney council for parking in my own driveway (that leads to a single car garage). The driveway is on private land, not a single wheel of the car was touching the street (which anyway is a free parking area).

Looks like it is a law in NSW that you cannot park in driveways, this seems to make sense in some cases, but I cannot see how this could make sense in this case, I am not blocking access to anything but my own garage.

The fine is only 100$ but I am more concerned about not being able to park in my driveway.

Any suggestions on the best way to approach the review with the council?

Thanks,
Adam

Automotive

Comments

  • currentfad on 04/06/2016 - 17:22
    +13

    Blocking footpath?

  • nocure on 04/06/2016 - 17:23
    +7

    Were you blocking the footpath?

  • holdenmg on 04/06/2016 - 17:23
    +3

    Are you parked wholly on and within the confines of your property or with any part of the vehicle on or across the footpath?

  • kiamsup on 04/06/2016 - 17:31
    +5

    Your offense should be listed in the summon to get fined. What did it say? Blocking pedestrian path?

    • rako2002 on 04/06/2016 - 17:35
      +2

      the offence is stop on/across driveway / other access to/from land
      Offence code 83430

  • rako2002 on 04/06/2016 - 17:34

    thanks for replies, no there is no footpath on this side of the street (well there is, but it starts only 1 property up the street - so basically it looks like this: footpath, property one driveway, my driveway, then there is no footpath - there is fencing right next to kerb).

    • Blitzfx on 04/06/2016 - 17:47
      +2

      uploading a photo would make it a lot clearer :P

    • redforever on 04/06/2016 - 17:51
      +7

      It doesn't seems to me that you are fully parked within your property boundary. While there is no footpath on one side of your driveway, the driveway section connecting to the road is technically part of the public footpath. You only own the section of the driveway within your property boundary. You do not own the section connecting the road to your land.

    • dexx on 04/06/2016 - 19:59
      +2

      Write a letter to challenge it. Ive done that before and the council has withdrawn the offence.

  • loulou1 on 04/06/2016 - 17:36
    +11

    I am not sure exactly where your vehicle was but I can understand the fine if you were stopped over the footpath. It is a nuisance and dangerous if people need to walk around the car onto the road in order to go by. Worse still if they are in a mobility aid or stroller.

    • kiamsup on 04/06/2016 - 17:43
      +1

      I concur with this (loulou1) reason. However if you are not happy with the fine, consult with the department issuing the fine (they may withdraw it) and if you think your action is lawful, don't pay the fine and opt to go to court and request for compensation for wasted time and effort to defend this.

  • oscargamer on 04/06/2016 - 17:39
    +1

    you cannot be fined on your own land

    if you were blocking your own driveway, but parked on public land, you can be fined, but not if you are on your own land

    contest the ticket

  • GLO on 04/06/2016 - 17:51
    +2

    if you were parked on the street side of your letterbox, then that usually counts as council land.

    I live opposite a school, no footpath on my side of the wide street (there is a footpath on the other side) and friends have been approached by council inspectors about parking in our driveway.

    • Davo1111 on 04/06/2016 - 20:36
      +1

      if you were parked on the street side of your letterbox, then that usually counts as council land.

      not always, but yes, a water meter or letterbox can be an indicator of the boundary

  • rako2002 on 04/06/2016 - 20:39
    +2

    thanks guys for all your comments, good to get others point of view. I will try to challenge with the council. Looks like the driveway does belong to the council/crown though.
    Honestly I don't think I am blocking any footpath there, but if that it is the reason I guess I will have no option but stop parking there.

    • lgacb08 on 04/06/2016 - 22:24

      if you're parking on council land then there's high chance that the fine is enforcable.

  • Davo1111 on 04/06/2016 - 20:40
    +6

    looking at the pic, i dont think you were parked on your own land.

    Go and read your plans, (or do something like a dial before you dig… which "might" show the boundary.. i think)

  • garffi on 04/06/2016 - 20:57
    +1

    Yeah go call up the council and challenge the fine. This seems ridiculous.

    • Euphemistic on 04/06/2016 - 21:20
      +12

      Might look ridiculous, but you can't park on the council land between the property boundary and the street. You either need to park wholly within your property or wholly on the street. People have been fined for parking with a couple of wheels up on the grass just trying to make space in a narrow street.

      You might get away with contesting the first offence, by saying you weren't aware of the rule, had seen other cars doing it and now you are aware you won't do it again.

      • garffi on 04/06/2016 - 23:18
        +1

        Wow didn't know that. I should probably warn my friends since they do it all the time!

  • Geewhizz on 05/06/2016 - 07:30

    You could try to nicely appeal the fine. You have no grounds for challenging it.

    • robertbruce on 05/06/2016 - 10:41
      +1

      bribe them even…

  • Hoju on 05/06/2016 - 07:57
    +1

    Dude is that Kareela Road?

    Used to live there, neighbour got a fine for exactly the same thing around there and vented big time to anyone that would listen. I know she went to council, not sure what the result was…
    My guess is the rangers in the area are keen on the fining!

  • dragonfly090 on 05/06/2016 - 10:48
    +1

    Does the letter mention anything of 198(1) or 198(2)?

  • Gershom on 05/06/2016 - 10:54
    -2

    I'm calling bulltish on this. The cops don't fine you for parking on your own property.

    • Davo1111 on 06/06/2016 - 09:55
      +1

      despite the downvotes, you're right. It's not his property, it's council.

  • gooddealmate on 05/06/2016 - 11:42
    +1

    From all the pictures, it is clear that there is not enough room to park a vehicle on your own land without it encroaching onto the street. My advice, pay the fine and park it in the garage. Or buy a Smart car.

    • Euphemistic on 05/06/2016 - 13:19

      Might even cop a fine with a Smart car though.

  • driver33b on 05/06/2016 - 16:52
    +1

    If the water meter is in the garden behind that light post you are parked accross Council land…usually the water meter is only just on your property…1-200mm. ..there is another law that was introduced to combat domestic violence, where you cannot block another vehicle 'in' in a driveway. Good luck.

    • Davo1111 on 06/06/2016 - 09:45
      +3

      there is another law that was introduced to combat domestic violence, where you cannot block another vehicle 'in' in a driveway

      citation?

  • ssmith3104 on 05/06/2016 - 22:38
    +1

    I got fined by my city council for parking in my Court in a way that supposedly partially blocked my own driveway. I parked in the street to the left of my driveway, which is the side that is 1 house away from the end of the Court. Nobody would ever enter my driveway nor leave my driveway heading that direction. The end of my driveway fans out in an arch left and right (wider) than its normal width. The rear most 15 cm of my car bumper over-lapped the end of this ark (but was nowhere near what was the extended width of the driveway for 98% of its length). Geez!

    I kicked up a stink with the Boorondarra Council who consulted with the local laws officer who booked me. It turned out that for some reason he thought the car he was booking belonged to my next door neighbour, and he was trying to penalise him for potentially inconveniencing me. Hard to believe, but it was a good story and the Council then withdrew the fine, but told me that "next time" they will book me again but not waive the fine because we are not entitled to "block" our own driveways, not even by 1 cm!

    • rako2002 on 06/06/2016 - 20:15

      thanks for this, in this case I saw a ticket also behind neighbour's car wiper :)

  • Brendoo on 05/06/2016 - 23:11
    +1

    Just to clarify, in the attached photo, is this your driveway (where the red star is)? And you were fined for parking there without being on the road? Seems completely unfair, even if this is Govt land.
    Sounds like the rangers have a quota and were struggling to get their numbers up.

    I'd definitely contest that, use that lawyer from The Castle.

    https://files.ozbargain.com.au/upload/133982/39975/street.jp…

    • rako2002 on 06/06/2016 - 20:09

      actually no - the car was where the white ute is (but it was a smaller car - not the ute in the picture).

      Thanks for all the answers, I will try my luck.

  • BargainKen on 07/06/2016 - 03:27

    North Sydney — typical.

    • Davo1111 on 07/06/2016 - 10:27

      I know, people parking where they like, even if it's illegal

      • BargainKen on 07/06/2016 - 10:31

        yup on your own driveway, whats the penalty for jaywalking? Lethal injection? Electric Chair?

        • Davo1111 on 07/06/2016 - 11:05

          councils driveway. not his own.

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