Advice on How to Dispute a Parking Fine

jaylcee on 09/09/2018 - 17:07
Last edited 09/09/2018 - 18:07 by 1 other user

Hi, I've come to the ozbargain community for advice on how to dispute a $112 parking fine I received for a goget van from two months ago as I do not believe I have broken any rules.

The penalty description is "Not parallel park near left"
Rule 208 (1)&(3)
(1) A driver who parks on a road (except in a median strip parking area) must position the driver's vehicle in accordance with subrules (2) to (8).
(3) If the road is a two-way road, the driver must position the vehicle parallel, and as near as practicable, to the far left side of the road.

Picture taken by Parking Inspector for which I was booked

Streetview of the Location

Google Map Location

Dimensions of the Green Car Share Road Markings

From the photo supplied by the parking inspector you can clearly see that I am parallel parked very close to the left curb and well within the green car share markings on the road. I'm not obstructing any traffic and it is a two way street so I am allowed to park facing that direction otherwise it would have been Rule 208 (1)&(2).
I will be requesting a review but wanted some advice on how to best structure my reply and what evidence to include as this is my first parking ticket.

Thanks, any help would be much appreciated :)

Automotive Goget Parking Parking Fine

Comments

  • RyanMK on 09/09/2018 - 17:33
    +27

    You're parked in the wrong direction. That is a definite fine. Just pay the fine and move on. I can guarantee you your dispute will definitely be rejected.

    Rule 208(2) says:
    The driver must position the vehicle to face:
    (a) in the direction of travel of vehicles in the marked lane or line of traffic on, or next to, the part of the road where the driver parks, or
    (b) if there is no traffic on, or next to, that part of the road—in the direction in which vehicles could lawfully travel on that part of the road.

    • tranter on 10/09/2018 - 13:06

      The fine that's been issued is for disobeying a different rule.

      They weren't issued a fine for parking in the wrong direction.

      • RyanMK on 10/09/2018 - 13:16

        From the infringement ticket/penalty description:

        Rule 208 (1)&(3)$$
        (1) A driver who parks on a road (except in a median strip parking area) must position the driver's vehicle in accordance with subrules (2) to (8).
        (3) If the road is a two-way road, the driver must position the vehicle parallel, and as near as practicable, to the far left side of the road.

        • tranter on 10/09/2018 - 13:21

          Yes I know the rules but as I said the fine wasn't for parking in the wrong direction.

          They were parallel parked to the left so the fine has been issued for the wrong offence.

        • RyanMK on 10/09/2018 - 13:25
          +1

          It technically is. OP's car is parked in the wrong direction, hence it is not as practicable as possible, to the far left side of the road. Left side of the road would mean in the direction of the traffic is travelling. As such, OP is pretty much parked as far as possible from the left side of the road.

          I'm finding it hard to articulate it in words, so my apologies if it's confusing!

        • tranter on 10/09/2018 - 13:38

          I think it's worth questioning the fine because the fine should have been issued for a difference offence. I don't think it's 100% clear cut the way the fine has been issued.

          May not have any luck but it's worth a try if it doesn't cost anything.

        • spackbace on 10/09/2018 - 14:03

          @tranter:

          Car is parked illegally as it's not in the direction of traffic, why bother? If you're in the wrong, accept it and move on, don't waste someone's time by even attempting to fight it.

          Parking in that direction is just stupid and shows a lack of knowledge of road rules and general common sense.

        • tranter on 10/09/2018 - 14:24

          Your last sentence could also be said about the person who issued the ticket. They shouldn't be wasting people's time by issuing inaccurate fines. They actually get paid to do this.

          Who knows, maybe they will even get better training if it's brought to the attention of the relevant people.

          These sort of things happen all time, mistakes are made and people don't need to pay a fine that was inaccurately issued.

        • spackbace on 10/09/2018 - 14:34

          @tranter:

          And people are afraid to admit when they're wrong, or too selfish or ignorant.

          Thankfully OP realised they fked up with their later comment and will pay the fine.

          I do worry about those who just can't take responsibility, and what they're teaching the next generation.

        • tranter on 10/09/2018 - 15:03

          I agree with you.

          We also have a responsibility to teach how to stand up for one's self and not be afraid to question things in society.

          There are many new migrants in Australia where back home they just have to 'pay it and move on', even if there's an injustice. They have no choice.

          Luckily here we have more freedom and it should never be discouraged to question things. Even if the person thinks they might be in the wrong and are prepared to take responsibility but are not 100% certain on everything, there is no shame in asking questions and exercising their rights and freedoms.

  • wordplay on 09/09/2018 - 17:33
    +1

    your vehicle appears to be facing the wrong way - ie. the drivers side of the car is closest to the curb.

  • akajin on 09/09/2018 - 17:38
    -1

    Since it is a 2-way road with no lines I would say you have technically parked in the direction of the travel of vehicle but on the right side as opposed to left.

    • terrys on 10/09/2018 - 08:03

      Can't see the point of the negs here - you put it in a nutshell and the posts around you stating the same. Has your keyboard got a funny accent?

      • spackbace on 10/09/2018 - 11:06

        Everyone is saying op parked facing the wrong way, that comment says they're facing the right way.

        Hence negs

  • dizzle on 09/09/2018 - 17:40

    I think you're reading it wrong.

    I think part two mostly refers to one-way, or where two way roads have seperate lanes - so essentially when you can park either side of a direction you park in that direction.

    Part 3 says on a 2-way road (one lane) you park to the left. In the direction you have travelled you're parking on the right (facing the wrong way).

    I could be wrong, but that's how I interpret it and I was always of the opinion you couldn't park against traffic.

  • [Deactivated] on 09/09/2018 - 17:42
    +2

    You parked facing the opposing direction of travel, 100% on you and pay the fine. Parking on the wrong side may cause confusion to others thinking they have gone the wrong way in a one way laneway. Just think yourself lucky you’re not fined for driving in the wrong side of the road too.

  • Ace Ventura on 09/09/2018 - 17:50
    +15

    you can clearly see that I am parallel parked very close to the left curb

    No you can clearly see that you are parallel parked very close to the right curb, the picture is simply taken from the other direction.

    Left means left in relation to the direction the car is travelling/facing.

    To be honest, I'm surprised anyone needs to ask this.

  • Godric on 09/09/2018 - 18:11
    +13

    We find you, Guilty

    • onetwothreefour on 10/09/2018 - 06:23
      +1

      Ozbargain courts ruling is final and no appeals will be allowed.

  • whooah1979 on 09/09/2018 - 18:15
    +3

    https://ibb.co/jf62Pp

    That’s terrible parking.

  • Baysew on 09/09/2018 - 18:21

    Is it Monday morning already?

  • EightImmortals on 09/09/2018 - 18:25
    -5

    Stop paying extortion money and they might go away.

    Try these guys for some real help: http://www.aussiespeedingfines.com/

  • [Deactivated] on 09/09/2018 - 18:36
    +11

    I cannot comment until there is a Microsoft paint diagram.

    • Donaldhump on 09/09/2018 - 20:50
      +1

      mspaint is my tool of choice

  • spackbace on 09/09/2018 - 19:05
    +2

    Lol that's just fkn lazy to face the van that way 😂

    A driver who parks on a road (except in a median strip parking area) must position the driver's vehicle in accordance with subrules (2) to (8).

    Sooo… You don't think subrule 2 doesn't apply why? It clearly says right there that it applies 😂

    Stop cherry-picking the law. You're in the wrong

  • jaylcee on 09/09/2018 - 19:28
    +5

    Thanks for the input everyone. I parked the van in the same direction it was facing when I picked it up which was an oversight on my behalf as I shouldn't have just assumed that the last driver parked legally. Will just fix up the fine, cheers.

    • errorlog on 10/09/2018 - 00:17
      -1

      If the previous driver parked it that way, advise goget and let them deal with it. According to their website.

      "If you get a parking fine during your booking, it’s yours and you need to pay it.
      If you ignore it or pay it late, it will be sent to us (as the owner of the vehicle), and we’ll allocate it to you. We also add a $25 admin fee to your account to cover the administrative cost of allocating the fine and signing a statutory declaration.

      You are also liable for parking fines from how you have returned the car, issued after your booking. Please always park in the direction of traffic, check council parking signs and follow the instructions for when you can’t park in the pod in your booking confirmation email."

  • pegaxs on 09/09/2018 - 19:48
    +2

    Hahaha… awesome post.

    Please, OP, do us all a favour. After you get your request for review written, please share it, and when the council gets back to you with their determination, please share that as well…

  • Donaldhump on 09/09/2018 - 20:49

    I knew a girl who parked on the wrong side of the road and someone hit her car, and she was at fault, and I believe other than the fact it was on the wrong side of the road, it was also because cars headlights do not have the same reflectors in them as rear lights (hence why you park in the direction of travel). I may be wrong here as it was 20 years ago, but she was 100% in the wrong

    • tomsco on 09/09/2018 - 20:53
      +3

      Yeh, I’d err on calling BS. I haven’t seen anything documented where you hit a stationery car and are not at fault.

      • Donaldhump on 09/09/2018 - 21:06

        given front head lights don't have reflectors why would this be BS? in a poorly lit street you hit a car you could not see due to being faced the wrong way.

        if it is illegal to park on the wrong side of the road, why would parking on the wrong side of the road and having someone hit you not be your fault.

        anyway didnt make it up, couldnt care less really, just stating what i know.

        • tomsco on 09/09/2018 - 22:00
          +2

          Because the person driving the car must either:

          a) be driving without headlights, hence not being able to see the other car
          b) be driving to quickly for the road conditions that they didn’t see the car till too late.

          Seriously, just because you don’t have reflectors facing you, doesn’t mean the car becomes invisibile. If visibility is low, then drive to the conditions.

  • JimmyF on 09/09/2018 - 21:39

    You're parked in the wrong direction, thats why you got fined.

  • this is us on 10/09/2018 - 00:42

    You are wrong and you pay the fine.
    However, I'd say that you could try to convince the authorities that you understand you were wrong but being the first time you commit an offence, they could consider a notice without fine. If that's not your first time, you should probably pay and forget it.
    My partner got a $198 fine driving at 44km/h in a 40km/h zone. The car is in my name and when I sent the document to Vicroads to transfer to my partner (because people have to be responsible for what they do), I got a letter saying that considering it was the first time and a minor offence, the fine had been withdrawn. They kept the infringement notice only. That's probably unusual but I was very happy with the outcome. :)

  • Davo1111 on 10/09/2018 - 01:24

    i actually laughed when i saw the photo.

    OP pay the fine

  • gidxg03 on 10/09/2018 - 07:07
    +1

    This is how you fight a parking fine: https://youtu.be/2Gkiw7zpULo

  • DarkOz on 10/09/2018 - 09:03
    +2

    as near as practicable, to the far left side of the road

    Just tell them you were driving with your ass on the wheels. That explains how you ended up parked in the wrong direction.

  • Magic Mirror on 10/09/2018 - 12:36

    This is a case where having Obsessive–compulsive personality disorder would have helped. It would just feel too weird to be parking in opposite direction of everyone else.

  • askme69 on 10/09/2018 - 19:43

    Just pay,

    Best case scenario is you dispute and the Short Title of the offence is changed to match. ie: Not parallel park in direction of travel.

    Penalty amount etc remains the same. You have not parked correctly and you will have to pay.

  • CandyMan on 10/09/2018 - 20:14
    +1

    You’ve been issued the wrong fine. If you dispute just make sure they don’t book you for the greater offense of parking oppositely.

    Either way you need luck not advice

    Edit: your fine should have been $263
    http://www.rms.nsw.gov.au/documents/roads/safety-rules/demer…

  • fishka2 on 11/09/2018 - 12:13

    Never hurts to request a review. In my experience they will cancel existing fine and issue the correct one with the same evidence. But you might get lucky

  • nav15 on 14/09/2018 - 23:18

    Technically i can cross red if no cars are in the intersection or approaching the intersection. commonsense no one get hurt and its safe.
    But laws don't work like that.Pay and learn

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