[VIC] Contesting a Parking Fine in Court - What Are The Legal Costs Associated?

Long story short, I was fined for parking without a ticket, as I was in process of checking the parking restrictions/requirement (ie. ticket requirements).

I wrote in to dispute it, and my dispute was rejected.

I have had this happen to me once before (fined while checking a sign), I took all my friends' advice, and just paid it after having my dispute rejected. And ever since then then it has always annoyed me when I see people regularly disregarding a no stopping sign, or whatever, meanwhile I ALWAYS try to do the right thing.

That is why this time I am considering taking legal action.

The inspector was helpful and fairly understanding, and noted down in his computer that I had been checking the sign, then told me not to bother buying a ticket, because I already have the infringement notice to display. And it is on this basis that the appeals team is upholding fine, that I did not have a ticket to display.

My question is, what would the legal costs be, say, if I was to have, or not have legal representation, the court costs, whether a win would lay these costs onto another party. The lady on the phone from City of Port Phillip told me that the court cost on its own is $120 (approx 50% more than the fine itself), is this accurate? Can this cost be awarded to be paid to me if the ruling is in my favour?

Any advice or info would be great. Thanks in advance.

Comments

  • +12

    Thanks for contacting OzBargain, our road transport lawyers will be with you shortly.

  • +3

    Wow really bad advice not to buy a ticket. I was given a notice as I was paying for a ticket but since I could prove that they were within minutes of each other the notice was waived. (Consequently if you see a parking inspector writing you a notice, buy a ticket quick!)

    If you're saying that the fine is $60 I recommend you just pay it and learn from the experience.

    • +5

      Agreed. The fine is I think $76, and the lady on the phone even said, that if I had a purchased parking ticket with a purchase time within minutes of when the infringement was issued, it would be a completely different story.

      I am beginning to wonder if the parking inspector knew this, and deliberately told me that I do not need a ticket, as this would mean he would be one down on his quota.

      I am leaning towards just paying it, perhaps I just needed to vent some frustrations… : \

      • +2

        Just pay it and move on. I know sometimes it is a matter of principle but its $76. Your time and effort going to court would have been worth more than that. Take it as a lesson learnt. I know it is hard to swallow but sometimes we just have to..

      • +2

        I am beginning to wonder if the parking inspector knew this, and deliberately told me that I do not need a ticket, as this would mean he would be one down on his quota.

        Traffic wardens are not your friend. Police are not your friend. Courts are not your friend.

        Remember and repeat.

  • +2

    I have contested parking fines in Vic while I was living there. At worst I lost and was ordered to pay for the fine and court costs. Court costs were about $68 from what I remember.

    Don't fight the ticket if you feel they were just being tight arses. Fight it if they were wrong. Ie: they ticket you in a parking area or time had not expired or the signs were wrong. The magistrate will play it by the book.

    The ticket I lost was my car was parked and the back part of my car was parked into a no standing zone by about 30cm. I took it to court and the magistrate said that he could see my reasoning, but the law was the law. The others I got off were incorrect or missing signage and incorrect time of ticket.

    And the always deny the ticket on review because the law has been written that they only have to review it once, so every review is rejected. When you go to court, you will have to meet with their lawyer before meeting the magistrate for a last min plea deal, they will always say, full price plus costs, all you say is, no. Don't haggle with this guy. He is there on commission, he isn't going to give you any room…

    The best part of fighting one ticket is that the magistrate usually gets pissed off that they are wasting the courts time over a single ticket that should have been sorted out without court intervention. He will most likely just give you a warning, reduce the fine and add court costs…

    I say do it, you are not going to end up paying $20,000 in court costs for their lawyer if you lose, as it's magistrates court, not civil case…

    • For a $76 fine? and risking paying another $68 court fees on top of that? and a day off work?

      I see a reason if the fine was like $300 but for $76, personally I won't.

      • +3

        This is why I said, don't fight it unless you are in the right legally, not morally right.

        The best thing to do is to ask for extension after extension to pay… And when you have worn out your extensions you ask for a payment plan and pay it off at the min amount you can get from them. This end up costing them money for every payment has to be checked and input and ticked off by someone.

        I once got a parking ticket on Christmas Day that was going to be $120. I played their system. Asked for reviews, ask for reviews of the reviews, then after that got used up, I asked for extension after extension… Onto the payment plan and paid that ticket off at $5/fortnight… Finally payed it off in September… 9 months to pay them their ticket.

        • +2

          Lol true OzBargainer

        • i will have to give you a thumbs up for this! $5/fortnight!! LOL!!!

        • Yes you got your "revenge" and I agree that would be a satisfaction, but it also costed you the hassle of remembering to pay $5 every fortnight for months and the time to ask for reviews and extensions.
          They employ people to do that so nobody really cares…

        • +1

          @maxi:

          but it also costed you the hassle of remembering to pay $5 every fortnight for months

          Not if you set it up to automatically take from your account.

        • +3

          @maxi: As Clear says below, it was on BPay, so all automated. But they have to pay someone to send out paperwork, check accounts are being paid and big computer systems to automate some of it. They pay a fee to BPay and their bank. They have to pay for someone to talk to me on the phone when requesting an extension or seeking a review. For me, it's a sport. Out of the $120 I paid them, there was no interest to be paid and I soaked up every resource I could. So out of that fine, they probably made about $2 profit or maybe even a loss. If everyone played their system, the system would eat itself up in no time.

          And while ever fining people is a form of revenue raising and not a deterrent method, I will continue to play their system. When I am wrong, I pay the fine. When it's a boarder line case of pure bullshittery, then the gloves are off. :)

        • @pegaxs:
          I have thumbs up-ed your comment, and I agree with your sentiment,
          but wouldn't they just adjust future fines so they were higher if everyone did this? As their costs are higher they would just pass it on?

        • @djbarnes: It would be my guess that if everyone did this, then yes, it would either drive up the cost of fines or the rate payers. It isn't fair on rate payers, but there are still 1000's of people who just cough up without questioning. If I am wrong, I just pay the fine. Cop it sweet. If it's a boarder line money grab fine, then it's gloves off.

          If everyone did the right thing and they could not fine people for bullshit parking offences, they would just make new laws and fine you for something else. No white cars between 11am and midnight…

    • Thanks for the advice, it's very informative.

      Don't fight the ticket if you feel they were just being tight arses. Fight it if they were wrong. Ie: they ticket you in a parking area or time had not expired or the signs were wrong. The magistrate will play it by the book.

      I suppose in that case, my dispute will not resolve in my favour, as I was parked without a ticket, for a brief period while purchasing a ticket. And in a way, they were just being tight-arses

      But then I remained parked without a ticket, on the poor advice of the person who is tasked with enforcing the tickets. Again, they were being tight-arses

      But when push comes to shove, I was parked without a ticket for the entire duration, so my assessment based off your advice, is it would be ruled not in my favour.

      The best part of fighting one ticket is that the magistrate usually gets pissed off that they are wasting the courts time over a single ticket that should have been sorted out without court intervention. He will most likely just give you a warning, reduce the fine and add court costs…

      Is this in the situation you 'lost' or 'won' ?

      • +1

        The guy tasked with issuing infringement notices are on commission. He is your only witness and will not be able to be contacted or will be "no longer working for us". He also will not be on your side, no matter what he says at the time he printed your ticket. He just wants you to leave without removing his teeth with your boot heel.

        You parked without a ticket, they win, you lose. This is why they won't review. Legally it's an open and shut case. You cannot plead not guilty, because they will just either adjourn the case to build a smash arse case against you and it will cost you lots, or you plead guilty with explanation and hope you get a magistrate that is feeling benevolent on the day…

        The pissed off magistrate I got was a win/loss. I pleaded guilty and gave my reason why it was a bullshit fine, he got pissed at the prosecutor and said, no fine for them because everyone else there was contesting 6+ fines each. I had one fine. His comment was, "this matter could have been sorted out without seeking the waste the courts time. The fine has been reduced to noting and you will only have to pay court costs of $68." It wasn't a win because I still had to pay and for some, it is still a day off work. The win was not paying the pathetic council for a bullshit ticket.

        As I have said and I will say it again for others reading, do NOT fight a ticket if you KNOW you were in the wrong. They know you were and the magistrate will have his hands tied. If they are morally wrong, that won't get you off a ticket.

        TL;DR: DONT fight a parking/speeding/infringement ticket in court unless you know that 100% you are not in the wrong. Take photos as proof and do not listen to or talk to the guy giving out the ticket.

        • +1

          The guy tasked with issuing infringement notices are on commission

          Sure he is. </sarcasm>

          He is your only witness and will not be able to be contacted or will be "no longer working for us".

          Excellent.. So the only prosecution witness won't be available for court to testify that he witnessed the OPs vehicle parked without a valid ticket.

        • @Olokun: That's more in reference to them saying one thing to you, like, for example, "it's ok mate, it was only 3 mins over, I saw you coming up to your car, but I had already written the ticket. I'll make a note and you should be ok. Just write in and tell them you spoke to me…"

          Take that to court or try and get a statement out of the guy that can not be found or "does not work here any longer". And even if he did show, he isn't going to back your case. He is going to protect his job and his arse. And at the end of the day, he can not tell people they will be ok to get off their ticket because he said so. He is a ticket issuer.

  • If you bought a ticket which was dated one or two minutes after you got the fine then you argue that you bought a ticket and he fined me between the acts of parking, getting out of your car and then purchasing it before placing it on your car but because you didn't (based on what the guy said) then I don't like your chances and is what the infringement office is saying. (NOT LEGAL ADVICE)

  • +1

    from my experience dealing with infringement officers, my advice is DO NOT LISTEN TO THEIR ADVICE, instead, doing everything you can at the time to gather evidence to cover your ass. Because the only thing they care is scoring a fine to tick off their daily quota and try to brush you off nicely so they can move on to the next target without getting into heated exchange/confrontation. Their general tactics is I'll put a note of tis and tad into the fine so you can appeal and guess what, you'll get rejected anyway. Parking or public transport, they all the same.

  • -1

    I recently got a parking fine for parking in a permit zone - the place becomes a permit zone after a certain time of the day, and I didn't realise that. The ticket said my car type is Sedan, whereas it is actually a hatch. I have written in to the council mentioning this error, making the ticket invalid, what are my odds of getting away with this? Can I take this to court as its an error?

    • My suggestion would be that it's very unlikely. Whether or not your car is a sedan or otherwise is immaterial to the infringement.

      • I was going to say this as well. It's the rego number they are more interested in. They may only have "sedan, wagon, utility" as their options. So, unless it said sedan, black and yours is a white hatchback, you might have a case.

        I did get off one ticket once when I transferred my rego over to a new car. Went from a silver ute to a white sedan. Sent them a photo and said description didn't match, see you guys in court, they wrote back and removed the ticket. :D (YMMV, dont try this at home, not legal advice warnings attached to doing this though! )

        • Thanks for the advice, I guess i'll wait and see what they say. I was annoyed by the incident, the guy saw me walking up to the car and still began to write up the ticket. It had been about 5 minutes after the zone became a permit zone from a 2P. (just trying my luck, will have to pay it regardless, nothing to lose)

  • +1

    I don't think anyone else has mentioned this. But if you do get a fine. Wait around till someone is leaving and ask for their used ticket.

    Then scan a copy and send it in to show you had a ticket at the time of the infringement taking place.

    I do not condone these sort of activities.

    • Doesn't work. All they have to say was, ticket was not clearly displayed and onus is on you to prove otherwise. And a lot of the time, photos are taken of infringing vehicles. On one of my parking tickets I took photos of my own car how it was parked and their photos were taken at an angle that greatly exaggerated how I was parked. It was 30cm into a no standing zone. Their photo was taken to make it look like half the car was in there.

      There is a high probability that you got a ticket for no ticket and photo evidence was taken. So unless you can prove it was there and clearly visible or you are 100% sure they did not take a photo, then you have a shot.

    • They take photos of your car dashboard these days. I got one the other day - they took a photo of the rear of the car, front of the car, signpost with the parking times and my dash. Totally covered.

  • Just remember the old saying "You can't fight city hall". Sad but true in most cases.

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