Probably The Most Stupid Mistake I've Ever Made. Worth to Appeal?

I'll try to describe it as brief as possible.

Went to a shopping plaza with this 2P parking limit (no gate so you need to buy a ticket and put on display).

When I parked my car, the lady next to me came to ask if I want her parking ticket as she's leaving and there was about 1 hour left on her ticket. I was flattered about the kindness of the lady and gladly accept the free offer and put the ticket on display.

I've spent one hour in the plaza and realised that I prob gonna stay longer. Then I went to carpark to purchase a 2 hours ticket. OUT OF MY MIND I just displayed the ticket next to the previous one.

Half hour later when I finished shopping and went to my car only to find there was a white slip on my car window showing a FINE. Apparently I was fined because I parked my car over time limit. But the truth is that I only parked for 1.5 hours.

Is there a way to appeal? Well the ranger might have the photo-ed evidence that I had 2 parking tickets on display. But if I could find a CCTV footage to show that I was only in the plaza for under 2 hours, would it help?

I know it was a stupid mistake I've made. But please share some advice. thanks!

Comments

  • +24

    Is this a council fine? Maybe write them a letter telling that you parked in the car park and left and then came back and parked in a different spot, hence the second ticket. They won't have evidence to the contrary if they were just going by your ticket time stamps. I am only suggesting this because you didn't actually break the law. Sometimes truth is less believable than fiction.

    • nah yeah, yeah nah, this isnt going to work. the council will more than likely have a picture of the tickets which will have a zone id on it. from their point of view, it'll be like you got two tickets. they arent going to have the background that you got half of someone elses ticket, and only used 1/4 of yours. it'll just seem to them like you got two tickets, and overstayed your limit. anything written in a letter is just going to seem like an excuse.

      • +8

        OP said:

        the truth is that I only parked for 1.5 hours

        And it was a 2P zone (max 2 hours). So no, he didn't actually break any rules.

        Presumably the ticket was written assuming the old lady's ticket was his, and the whole of that ticket PLUS his own ticket was more than 2 hours.

        • +2

          thats what im saying, the assumption is that you stayed for 2.5 hours. used up 2h of your first ticket, and 1/4 of your second. there will be no background to the council that you only used 1/2 of the 1st 2hr ticket, and 30mins of your second ticket.

      • +9

        But that's what I am saying. While it looks like OP has stayed for 2.5 hours, if you said you went away and came back to the same parking lot, the council might give you the benefit of the doubt because they can't prove otherwise since it is the same car park. And it is not illegal to do so in the same day. If OP had told the council the truth and said that he(I am assuming OP is a he) used someone else's ticket, I am not sure the council might be as lenient as technically, he didn't pay for the first hour of parking.

        • +1

          OP is SOL either way.

          He either cops to staying for over two hours (as the tickets imply), or he admits he got the first ticket off someone else which is also illegal (tickets are non-transferable).

          He's basically down to the old standby of throwing himself at the mercy of the court. ("I know I brought a second ticket, but I was only going to use an hour of it, honest guv.")

        • @D C:
          Disagree

          What proof is there that the OP didn't depart the carpark, then return.

        • +1

          @dinna89: None, and vice versa.

          Parking is usually guilty before innocent, and OP needs to provide the proof as he looks guilty. The car park can always pull up the CCTV for their case (which isn't going to happen).

        • @D C: if they did go to that effort the CCTV would show that although he didn't leave, he also didn't overstay the 2hr limit. Either scenario he wins.

        • +1

          @Name: They won't go to CCTV for a parking fine.

          Even if they do, OP loses because he displayed two tickets, and didn't purchase the first one himself.

          OP may win if he plays the 'I'm young and stupid' card. For a parking fine the odds are pretty low though.

      • I have often gone to a car park, parked for an hour, driven off and then come back. Not overlapping like OP, but how can the council prove he didn't stay for 20 min (having bought a 2hr ticket), drive off for an hour and then returned?

        • -1

          Because you usually wouldn't drive off and return to the same car park.

        • @serpserpserp:

          Here's a believable reason. Say that you expected to stay for two hours, so you pay with some coins you have in the car. Then say you notice that you left your wallet at home, so you return home to get it. You then return a few hours later, and buy a new ticket.

          This scenario isn't ludicrous.

          Having said that, I wouldn't recommend challenging the fine on these grounds, council may have some kind of corroborating evidence and you're done for perjury.

        • @dinna89: or you had to go pick someone up and then they can vouch for you

    • Yeah it's a council fine. I'm trying to gather evidence. But as I checked, the plaza doesn't have security camera on the entrance I went in. There is a security camera in the car park. I'll try find security guard to see if they are kind enough to show me the footage.

      • +12

        They're not going to give you footage so you can dispute a parking fine.

        • Thought so but I'll give it a go.

        • @bigeater: good luck. I couldn't even get footage when someone stole my licence plates. They'd only hand it over to the police.

      • Surely every ozbargain member has a dashcam they bought on impulse by now. That's your evidence.
        I would just pay it and forget about it though.

        • +1

          Dash cam… pays for itself

      • +15

        You are doing well if this is the stupidest mistake you have ever made. Good luck with appeal. Hope you get your money back but don't stress if you can't

        • +7

          Thanks mate. Actually after reading the comments I started to feel better. Life is too short for a stress like this.

      • +2

        Does the fine show the time?
        Does the second ticket show the time valid from and until?

        If the fine is at a time within the tickets validity then send off a picture of both and a kindly worded letter saying "wtf?"

        Edit: both, as in, the valid ticket and the fine.

        • Was about to say this too.

          You say you only parked for 1.5hrs. Lets say your first ticket was purchased at 1pm. If you got a fine at 2:30pm then as u/Morien said, send them a "WTF".

          If you did indeed break the rules and park over 2hrs and they have proof of that, then yeah just pay it. I usually create a scheduled payment to pay on the last due date. But I make sure that I set it up quickly so that I don't stew on the subject forever. No one really cares as much about a ticket after its been payed.

    • you didn't actually break the law

      Displaying an expired ticket? That's breaking the law.

      ROAD RULES 2014 - REG 207-3
      NSW rule: parking in ticket parking areas

      (4) A driver must not allow the driver’s vehicle to remain parked in a ticket parking area after the expiry of the parking ticket displayed in or on the vehicle.

  • FINE

    Is it an infringement/penalty notice or payment notice?

    • Penalty notice

      • Who/where does it say to send the fine to?

        In NSW all fines are paid to the SDRO regardless of what council area you are in (once paid the SDRO sends the council their 'cut').

        The notice will say send the payment to either 'State Debt Recovery, PO BOX 4444, Parramatta NSW 2124' or via their website at 'www.sdro.nsw.gov.au'.

  • +30

    Pay it and move on with your life.

    • Agreed, I have never won a parking fine. I have taken them as far as I can without going to court - going to court is not worth it financially - you will never win if you don't go to court. So moving on with your life is the only real option.

    • Yeah not that much of money but I still think I might have a chance here.

      • +4

        The way I look at it mate - is the less than $100 worth the grief in my life. You have taken time to post this and answer peoples comments. You are going to have to waste time following up on an appeal, getting evidence etc. For me it's just not worth $80 or so. Pay it and two days later I've forgotten about, and I'm not sitting there planning strategies etc. for days.
        Good luck to you, no matter which way you go. ( I do hate parking tickets)

        • +1

          Thanks mate. I'll just write an appeal to list the facts and leave it to them to decide. On the other hand I'm prepared to bite the dust and move on.

        • @bigeater:
          Great attitude, good luck I hope you get it revoked, parking fines are the lowest form of penalty known to man!
          I'd also FWIW send a letter or email (or visit) the shopping center management and let them know you wont be shopping there again and explain what has happened to you (even if it is a bluff about not going back)
          You never know they might just put pressure the council to up the parking time or remove parking restrictions if enough people complain.
          Best of luck ;)

        • @bigeater:

          can attest to sending them a nice and friendly letter. about a year ago we got fined for not displaying a ticket on the dash, we had the ticket, wrote the council a friendly letter and it was all good.

      • Give it a shot and keep fighting if they say no the first time. I had luck with Melbourne City Council by being persistent over several weeks and a few emails. They eventually conceded and let me off with a 'warning'. Mine was a similar situation to you, in that I paid for the parking but it was for the wrong spot (unclear road markings). They didn't want a bar of me initially but it felt so wrong that I had done the right thing and was still being punished. Sometimes people just need to be taught reason.

  • +11

    Is the carpark run by a private company or the council/local gov? Because if it is a private company, then that is not a fine, it is a request for payment of damages for breach of contract (long story, but probably don't pay it).

    If is actually from council, then look at the fine to see what the offence committed is. If the fine is for parking for too long, then fight it. The two tickets is not conclusive evidence (although certainly indicative), and they may re-consider once you tell them the whole story. If the fine is for displaying two tickets, then can't do much about that.

    Also if that is the stupidest mistake you have ever made, I envy you and applaud your good sense.

    • These guys then just pass it onto the SDRO, who then shaft you by cancelling your licence.

    • Not sure but it has similar parking machine as roadside ones.

      • Can you read the ticket and find out then? The supposed fine would have this info too.

  • +5

    My dad went to court and won for doing a very similar thing. I bet he just got lucky. He went to meet his doctor and parked in a 1 hour parking spot. Paid and displayed ticket. Waited at the doctors for 45 minutes and realised he will go over his time limit by the time he will be seen so went back and paid for another 1 hr and displayed that alongside. He was given a payment notice/fine for going over the time limit. Court said there were no damages as he had paid for the extra time parked. I don't know whether this was a private carpark payment notice or fine by council ranger. It was street parking.

    • +4

      He got lucky. After the first hour is up you are supposed to leave the area, not pay to extend it.

      (No, driving up to the next spot doesn't count.)

      • That's my understanding of how the rules work as well. But I'm curious to know, if you drive up to the next spot and pay for another hour, what evidence would the inspector have that you were parked at a different spot previously? Assuming there are no CCTV in the vicinity.

        • +1

          Licence Plate Recognition (LPR) is the big thing these days, they just drive a car with cameras around logging what cars are parked on what street.

          Some rangers still do the old chalk mark, others record the plate on the handheld they carry. When you see them photograph a car and not issue a ticket, that's what's happening.

          If you pay by credit card, that can be matched up as well.

          Depending on how 'the area' is defined you can be fined for over parking even if you go around the corner or over the road, even if you brought a second ticket.

          Private car parks aside, while paid parking is a good revenue raiser for council they're not the primary reason for it existing, it's businesses and residents who push for it. Residents don't want commuters & students parked in their spot all day, and businesses want a regular turnover of customers.

          (I used to work in parking, you get away with a lot on that you think you do, confirmation bias (remembering the bad stuff) and all that.)

        • Regarding the rules, I just checked this the other day and your understanding is correct. It's different for each council but you can't just move to the next spot, you have to move to another parking area, which is often roughly a block. See the Parking Time section for Melbourne Council for example:

          "Can I avoid moving my car if there are other free spaces nearby?

          Availability of other parking spaces nearby does not alter the application of the Road Rules. Once the maximum permitted parking time shown on the parking sign has elapsed, you must move your car to another parking area. Drivers who park their car for longer than indicated on the parking sign may receive a parking fine.

          Note: Moving your vehicle forwards or backwards within the same parking area does not satisfy this requirement under the Road Rules."

          Source: http://www.melbourne.vic.gov.au/parking-and-transport/parkin…

        • @D C: The law states merely that you have to leave the area to reset the time. You could, for example, immediately re-enter the area and park again. It would be hard for anyone to prove that you did not do this…

          (2) For subrule (1), a driver parks continuously on a length of road, or in an area, to which a permissive parking sign applies, from the time when the driver parks on the length of road, or in the area, until the driver, or another driver, moves the vehicle off the length of road, or out of the area, to which the permissive parking sign applies.

        • @abb: Now you need to find the definition of "leave the area". It has a time component defined (15 minutes IIRC).

    • Wow sounds a solid case! But I doubt I would go to court for this. Hope they would consider my appeal.

    • Worth the time and expense of going to court? I think not.

  • +21

    That won't be the most stupid mistake you'll ever make.

    • +7

      Parking fines are definitely low on the list of the stupid mistakes I've made…

  • Write to the Council that had issued you the fine the same way you had posted here. If they let you off the hook then good luck to you. If they insist on the fine just pay it. It's not worth the time you are going to waste fighting it.

    • -1

      If I could find the lady as my witness I think I'll have my case. But it sounds hard than winning the case in court

      • +1

        Just pay it mate. Why do you want to drag someone else in your crap?

        • Fight it. It's worth a letter or two. Not worth a court appearance though.
          If you can find the lovely lady who helped you, my bet is she would love to assist in a letter or visit to the council.
          If you do, buy her a coffee and cake :)
          Friendships have started over less.

  • +4

    councils mate you need to be sneakier than them

    they sit and wait for prey, the machine at somewhere local to me had a big sign saying does not accept notes

    so i ran upstairs got change time stamp on ticket was issued 30 seconds prior to my return total time gone 2m:30s

    the slimy Fudger was hiding in between the cars. the lady loading up her car saw the whole thing

    she said the second you were out of sight, the guy ran out someone warned him on the radio i was on way back and the guy writing the ticket slapped it on my window and ducked down out of sight and hid old lady said she is still hiding there somewhere he won't come out till your gone. she said he's hiding waiting for you to leave so he can get back to safety.

    Apparently the old people watch for fun sometimes stand next to cars that they can get to in time saying they are waiting for their daughter to get back with change.

    • Oh man that sucks…

    • +1

      That sounds like private companies, those blokes work for commission.

      For council parking that'd get tossed out when it went to the SDRO.

    • Wow. That's just deceptive! I wonder if there are clauses about "reasonable time" to buy a ticket.

  • How much was the fine?

    • Not big less than 100

      • Just pay it, lesson learned. Not worth the effort imo.

  • +1

    Worth an appeal but typically you only get one so make it count as it's not worth going to court over.

  • I wonder if it's illegal to take the ticket off the old dear to start with?

    • +1

      Yep, tickets are non-transferable.

      • So even if I can find the lady to be my witness i still don't have a case?

        • +1

          Now you're admitting to using a ticket you didn't purchase.

          That's not going to help.

        • +1

          @D C:
          Ethically, the OP did the right thing.

          But Councils and Car Parks care not for Ethics, but Dollaroos.

        • -1

          @Kangal: You've a funny definition of ethical, but on a scale of "1 to Hitler" I'll give the OP a pass.

          As he states what he did was stupid so he needs to suck it up, and next time either get his shopping done faster or be a little smarter and ditch the first ticket.

  • +4

    If this is the stupidest mistake you have ever made I think you're doing pretty well in life so far. I'm now feeling nauseous about some of my life choices.

    • Nauseated

    • Well I may have made lots of choices that directed me to different/harder ways but I don't treat those as mistake but just life choices. But this Fine thing is just a rookie rookie mistake… it's like leave cash in the car and let the door open

  • +5

    Should have put that redback spider you found in your backyard on your windscreen …

    • If I dare to touch the spider I won't make that post lol

  • +1

    If this the stupidest mistake, you're doing okay my friend.

  • Did you keep both tickets? Does the ticket show the payment method? Did you pay for it with a credit card?
    My point is… Can you prove that you only purchased one of the tickets? (E.g diff payment methods , cc details, cc statement?). This might be enough

  • say someone planted the other ticket on your car and it wasn't yours(This part is kinda true).

    • +2

      How did this person open the car without damage and re lock the car?

      • Ninja parking meter maids.

      • OP left the door unlocked.

  • +1

    Just pay it FFS. Life's too short.

  • +3

    Appeal the fine. Even if your reason is garbage, they will tell you that you still have to pay and set a new date for when the fine is due by. At this point you can escalate the dispute, which will still take longer, and you will get an even longer window to pay.

    I dispute every single council fine I get

    • +1

      Yes and always wait for the reminder too.

  • Evidence collect to prove overstaying wouldnt stand up in court.
    There is a reason councils still use chanlk. Its nothing new but its consistant.

  • +1

    The tickets themselves are not evidence you parked longer than 2 hours, they are just evidence you have 2 tickets. Ask them for evidence you were actually parked for over 2 hours

  • -5

    she could have been "nicer" to you and then you 'll pay for her kid for the next 20 years or so

  • +11

    I'd appeal it if I had time.

    1. If what you say is correct, you broke no laws. 1.5 hours in a 2 hours zone is completely legal if ticket(s) were displayed. End of story.

    2. Councils are already pushing their luck fining people in private car parks. That's already border line against the law and the topic has been covered by consumer review groups before. Please so do not feel obligated in any way here to help the council breach our rights further by implying more weight to a "possible" private contract breach (which is really what a private car park fine is)

    3. There is no laws dictating how a parking ticket is purchased or used, just the need for it to be displayed as outlined on the ticket machine. Does not matter if council have photos of two tickets, it is purely circumstantial to think that correlates to physically parking for 2 hours straight. For all they know you could have bought the ticket, immediately drove out to do something else down the road, returned because you forget something an hour later, then bought another ticket. In what way is a photo of two tickets evidence that would stand up to any reasonable THINKING person?

    4. Your not stupid and I DO NOT agree you make a rookie mistake. I would have make the same mistake and I am well educated with plenty of life experience. I don't regularly think of how others (the council) can be so GREEDY and anti-human to make money off parking to do what they did to you. Honest parking inspectors would check you had a valid ticket then mark your tyres or use photography to verify you overstays. That's their responsibility not yours.

    You will have to demand they provide an explanation on HOW the overstay was determined. e.g. chalked tyres or CCT are valid responses. With that written response you can take it further. IF they say chalk or CCT, then something is wrong either you did overstay or greed has outweighed humanity. On the other hand if they say its based on the first expired ticket then I suspect this will be useful to demonstrate council are breaking fundamental human rights of requiring evidence to prove guilt not assumptions. Again there is no direct evidence here just circumstantial.

    They have no legs to stand on if what you indicate is accurate, its up to you if you are going to invest your time to keeping the council parking bastards honest or not.

    That said, not agreed with others view here that you have to learn to expect dishonest behavior from people around you and count actions that depend on trust as rookie mistakes. That's no way to live life and I am sure the person who gave you the first free ticket would be horrified on how it was abused by the council to then fine you. You should also make the shopping plaza aware of the situation. They would be stupid to allow council to treat their customers the way hawks treat pray. That said, by entering into an agreement to allow council to monitor their private car park and issue fines in that way that may imply they aren't a great place to shop anyway and perhaps you should be spending your money at a better place.

    • +5

      I am sure the person who gave you the first free ticket..

      It was a set up from the beginning. The lady probably was employed by the council.

    • +1

      You, sir, are a legend! Thanks so much for the detailed advice. I feel that I should have my case! Well even appeal not work I still feel much comfortable reading your comment. Appreciate it!

    • Yes but I'm sure somewhere on ticket says it is NOT TRANSFERABLE which means as soon as he says someone else gave him the ticket will be fined for invalid ticket!

      • ok, again, even if that was the case is it legal to state this on a contract after sale? Think about it. If Apple sold you an Iphone is it legal for them to put a sticker on your receipt saying you CANNOT transfer the Iphone to someone else. Is it legal to even do it before you buy the phone? I think not.

        Also I see no need for council to know where the ticket came from, they are responsible for PROOF not the person parking. I'd simply provide examples back on how its normal for two tickets to be in the car for VALID reasons and leave it at that. If council want to take it to court it would be fun to see them explain that kind of argument.

        Oh. BTW. Another thought.. if it goes this way I'd get choice magazine involved.. would be a fun story for them to follow up on.

        • It's in the road rules. You need to buy your own ticket.

          There has been court cases about this. Seriously. I can't think of the name of the TV presenter (actress?) a few years back who racked up a stack of fines and was trying to get hold of old tickets, even looking in the gutters, to 'prove' she paid. I don't think that went well for her.

        • @D C:

          This is worth a read.

          https://www.choice.com.au/transport/cars/fines/articles/priv…

          As far as I can see this is a private car-park. e.g. shopping plaza. So road rules cover publically owned infrastructure not private. We're more in the bogus fine territory in the OPs case I think.

          Not sure which actress you are referring to but it might be related to a council owned park? I know they can be real animals and once its on crown land it does fall under their law. My father in law got fined simply for buying a ticket from the wrong ticket machine by a council. Display correctly but it had tiny writing on indicating it could only be used in say the middle parking bays rather than the side bays. Pretty low behavior.. He didn't challenge it though in court so not sure if it would have held up in front of a judge.

          Also I suspect your example might have been someone they already knew was dishonest. In this case its not "transferring" but simply lies. If you think about it a ticket in the gutter would have been on another car at the same time. This is not transferring this is double dipping. If council were taking photos of tickets they might have even had evidence to show the ticket was used on another car or footage showing the actress picking it up, enough to prove it wasn't hers.

        • @paulojr: The presenter/actress was street parking, so council fines. Can't remember her name now.

          OP said that he was fined by the council, not a private company. He might want to look closely at where he's sending him money to though (penalty fine vs breach of contract stuff).

    • +1

      There is no laws dictating how a parking ticket is purchased or used, just the need for it to be displayed as outlined on the ticket machine. Does not matter if council have photos of two tickets, it is purely circumstantial to think that correlates to physically parking for 2 hours straight. For all they know you could have bought the ticket, immediately drove out to do something else down the road, returned because you forget something an hour later, then bought another ticket. In what way is a photo of two tickets evidence that would stand up to any reasonable THINKING person?

      There is.

      When you go in the car park, there are usually terms and conditions that you accept by parking there. One of them is that the tickets are not transferable from one person to another.

    • There is no laws dictating how a parking ticket is purchased or used, just the need for it to be displayed as outlined on the ticket machine. Does not matter if council have photos of two tickets, it is purely circumstantial to think that correlates to physically parking for 2 hours straight. For all they know you could have bought the ticket, immediately drove out to do something else down the road, returned because you forget something an hour later, then bought another ticket. In what way is a photo of two tickets evidence that would stand up to any reasonable THINKING person?

      Yes there are, what you are saying sounds reasonable but won't actually hold up.

      His current best defence is "I am young and stupid and I have learned my lesson and I won't do it again your honour."

      • true

    • There is no laws dictating how a parking ticket is purchased or used

      This is a clear case of "alternative facts". You can't simply state what you wish were the case and expect reality to adapt. There are laws about parking tickets, if there weren't, they wouldn't be able to fine you for non-compliance…

      Here's one part (from NSW, I think all states are basically the same):

      ROAD RULES 2014 - REG 207

      (2) The driver must:
      (a) pay the fee (if any) payable under the law of this jurisdiction, and
      (b) obey any instructions on or with the sign, meter, ticket or ticket-vending machine.

      "The driver must pay the fee". Notably different to "the driver can accept someone else's ticket".

      A further clause suggests that having an invalid ticket displayed is illegal. (It's a bit ambiguous though, it would be advisable to check the common law precedent)

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