Disputing a Parking Fine/Infringement Notice

Lys on 02/01/2019 - 12:22
Last edited 02/01/2019 - 23:28

Hi everyone, I have a query regarding disputing a parking fine/infringement notice.

I have parked in the receiving area at work on a Sunday, which is only operational during Monday-Friday 7am-3pm, and is clearly signed as so . Usually, only managers park in this area, both during weekdays and the weekend. However, the other car that was also fined belonged to the store manager.
Additionally, on the weekends and out of receiving hours, regular employees also park in this area.

There were 7 cars in total parked in the same area as my car. All were parked within the yellow lines and definitely not obstructing traffic flow. Of these 7 cars, only 2 cars received infringement notices for "Parking in a restricted parking area". All 7 cars have been parked there since 7am and remained there until 5pm.

Here are some photos: https://imgur.com/a/T4GSnrx
The silver yaris and the white corolla hatch were fined.

I called the council and they have said that the shopping centre management has worked with the council to issue these fines.

I think it is very selective and inconsistent to fine only 2 out of 7 cars. Based on this, do you think that I have any grounds to dispute this parking fine?

Thank you for your time and help.

Hi everyone, an update.
Thank you everyone for your valuable input. I've gone back and had a look at the signage and have found this https://i.imgur.com/5I60dwF.jpg
which says it's a private parking area with a time limit of 90mins.

However my fine was for A8-5 "A motor vehicle must not be parked in a restricted parking area unless the vehicle is of
the class for which the restricted area is established."; where "restricted parking area" is defined as "restricted parking area means a part of a private parking area marked by signs or a combination of signs and lines as a parking area reserved for the use of a stipulated
class of motor vehicle".

There is no particular signage/combination of signage that marks this parking area reserved for the use of a stipulate class of motor vehicle.
Because of this, do you think that the alleged offence as per the infringement notice isn't correct? It should be for s8-6, "Subject to subsection (7), where a time limit is in force under this Act in relation to the parking of vehicles in a private parking area, a motor vehicle must not be parked in the private parking area for a period in excess of the time limit (unless a permit issued by the owner authorising the parking of the vehicle beyond the time limit is exhibited in the vehicle)."

Where subsection 7 stipulates "7—Owner of private parking area may impose time limits and may set aside
any part as a disabled persons parking area, no parking area etc
(1) The owner of a private parking area may by a notice or notices exhibited at or near
each entrance to the private parking area impose time limits on the parking of vehicles
in the private parking area.
(2) The owner of a private parking area may set aside any part of the private parking area
as—
(a) a disabled persons parking area;
(b) a loading area;
(c) a no standing area;
(d) a restricted parking area;
(e) a permit parking area."

Does this change anything?

Automotive

Comments

  • Hybroid on 02/01/2019 - 12:25
    +2

    It does seem to be pickup area only, not public parking. The Mon-Fri timeframe may be when they're open but not a condition of parking. If it's private property and they're claiming they need access at all times to their property then fair enough. You're in the wrong for parking where you should not be.

    There seem to be other notices and terms & conditions on the blue signs are not legible.

    • ys on 02/01/2019 - 12:29

      Thank you for your advice. It belongs to the shopping centre (Westfield).

      It is a customer pick up area as well but the other signs do not note anything other than the customer should have their children remain seated in the car.

      Do you think I can dispute it on the grounds that only 2 out of 7 cars received a fine?

      • Hybroid on 02/01/2019 - 12:31
        +9

        Do you think I can dispute it on the grounds that only 2 out of 7 cars received a fine?

        Absolutely not. That is completely irrelevant and there are no such rules.

        You're better off trying to prove if you're permitted to park where and when you did or not…

  • [Deactivated] on 02/01/2019 - 12:26

    Who owns or operates that particular land?
    Did you have permissions from them to park there?
    If yes, show them proof and tell them to eat it.

    • ys on 02/01/2019 - 12:36

      Thanks for your reply Drew22

      Westfield owns/operates. Target leases.
      No permissions - management of Target have always parked here and never received a fine, but the store manager did this time as did I.

      I guess I just have to suck it up and accept it :(

  • qwerty on 02/01/2019 - 12:31
    +1

    probably target or other shops using that bay called up the shopping management and they called the council

    • ys on 02/01/2019 - 12:34

      Thanks for your reply.

      I am an employee of Target. The managers are fine with employees parking there during the weekends and out of receiving hours. Additionally, the store manager received a fine themselves (white corolla hatch). Three cars parked in front of the roller doors, only one got a fine. The other car was parked behind another car (which didnt get a fine) and can be argued to be obstructing access to the compacter machine.

      • qwerty on 02/01/2019 - 12:41

        If target owns / controls the bay and allows employee parking during those hours - your management should contract store management and clarify why they reported those 2 cars to council .

        • ys on 02/01/2019 - 12:42

          Thanks. I'll contact the centre management.

      • Hybroid on 02/01/2019 - 12:42
        +1

        The managers are fine with employees parking there during the weekends and out of receiving hours.

        Are the managers authorised to allow this within Target's domain? If so, that's your ticket out. Just need a written note from them saying they permit you to park there outside of operating hours and that's your grounds for appeal.

        • ys on 02/01/2019 - 12:46

          I'll also do this. Thanks Hybroid.

  • [Deactivated] on 02/01/2019 - 12:43

    I realise it may not be the case for this loading dock, but a lot of loading docks operate 24x7 and it is a real pain in the ass when a semi pulls up and can't get in to unload because some one couldn't be bothered walking 100 meters to a proper parking area. I'm guess there has been problems with other loading docks in the center and they have just taken a blanket approach.

    I didn't actually know that council could issue fines on private property, I know in WA they cant as there was a big thing were a business owner had a disabled bay that he parked in and people were getting their knickers in a twist about it as the council couldn't do anything

    • ys on 02/01/2019 - 12:44

      I understand they probably took blanket approach but at this Target we only receive semis during mon-fri from 7am onwards. The council works with Westfield to issue infringement notices. Thanks for your reply seano2101

    • Mitch889 on 04/01/2019 - 15:21

      The council can get involved if asked by the owners of the space/area.

      My apartment building has a pickup-drop off area out front that is 15 minute parking only, it was getting abused by people parking there for hours, days and overnight, so now it is policed by the same parking inspectors that police the regular street parking.

      • [Deactivated] on 04/01/2019 - 16:36

        Must be a WA thing, council dont get involved in private property.

        • Mitch889 on 05/01/2019 - 07:31

          Perhaps, or maybe in your example the council hasn’t been asked?

          • [Deactivated] on 05/01/2019 - 10:01

            @Mitch889: it definately was and there response was we can not do anything on private property.

        • whooah1979 on 13/01/2019 - 14:37

          council dont get involved in private property.

          https://www.fairtrading.nsw.gov.au/housing-and-property/stra…

          Council enforcement of parking

          A council can provide a strata scheme with parking management services for a fee. This means council rangers can issue parking infringement notices just like they do on public streets. If someone disagrees with receiving a notice, they can:

          contact the council to dispute it, or
          have the Local Court deal with the matter.

          Go to the Office of Local Government website to find out more about council parking agreements.

  • John Kimble on 02/01/2019 - 12:58

    How do you know the other cars didn't get a fine also? Maybe they did get a fine.

    • ys on 02/01/2019 - 13:16
      +1

      All employees working the same shift have said they did not receive a fine

  • p1 ama on 02/01/2019 - 12:59
    +1

    I don't understand the issue. You basically parked in front of a driveway. You can't park in front of someone's driveway during the day just because they're at work and you know they won't be back until 6pm. Same issue here.

    I think it is very selective and inconsistent to fine only 2 out of 7 cars. Based on this, do you think that I have any grounds to dispute this parking fine?

    No. If you wish to challenge the fine, you would have to say either 1) you did not park there OR 2) you are allowed to park there.

    The fact that only 2 out of 7 cars are fined is irrelevant. Maybe the rest came after the parking inspector gave out the fines. By your logic, speeding fines can be challenged because many people who speed don't get caught and most murderers would be walking free because not all of them are caught either.

    • ys on 02/01/2019 - 13:17

      Thanks for your reply.

  • redforever on 02/01/2019 - 13:12
    +2

    Could be the photo angle. To me, it appears that the white corolla had its back protuding slightly over the walk path. as for your yaris, it seems like you were parked right in front of the 2 roller doors. If you weren't parked there, do these two roller doors then become accessible?

    Not saying that it is the right call, this could be the views taken by the inspector.

  • [Deactivated] on 02/01/2019 - 13:20
    +4

    Parking inspectors choose a car manufacturer for the day and target those vehicles. This explains why only Toyotas received fines. Tell the Mazda dude to watch out. They typically focus on Mazdas on a Friday.

    Source: friend is a parking inspector.

    • SydStrand on 04/01/2019 - 13:27

      When is Lamborghini day?

      • [Deactivated] on 04/01/2019 - 13:28

        Yesterday. You are all good.

  • swapsey on 02/01/2019 - 13:25

    I am seeing different car positions in different photos. The third one looks like a different location all together with round pillars. I feel like the pictures confuse the story rather than help clarify.

    • ys on 02/01/2019 - 13:30

      I can see what you mean. There's two sets of pillars, a square and a round set. Thanks for the reply~

  • Cheeper on 02/01/2019 - 13:39

    The Target store is leased from Westfield they also control all the surrounding area.
    That aside, unless there are signs that we cannot see, you have not committed any offence by parking there.
    If the shopping centre management do not see fit to allow parking there then they should post signs to that effect.

    In some cases managers of shopping centres specify parking areas for shop staff, especially during busy periods like Xmas. Is there such a directive from the centre management in recent time stating this? Did the store manager receive the directive and not pass it on to the staff?

    Speak with the centre management first and go from there. Be polite and point out the situation, they may get the fine waived.

    If they offer no logical excuse for the fine then I would contest it on the grounds that you have not broken any parking regulation or sign.

    • ys on 02/01/2019 - 13:47

      Are you saying that Target has control of the receiving bay, or Westfield does because they are the landlords?

      there's no directive from centre management. All westfield employees are allowed to park in a football field about a 900m walk away.
      Store management have allowed the store employees to park in the receiving area out of receiving operational hours.

      I'll speak to centre management. Thanks for your help xywolap.

      • pais on 02/01/2019 - 21:52

        Westfield does because they are the landlords?

        Westfield does.

  • ys on 02/01/2019 - 13:47

    thanks all for your help so far

  • thesuperdog on 02/01/2019 - 13:55
    +2

    Hi I hope I can help you here

    I am not a Lawyer. Just my 10c

    SEINS notices or as we call them Infringement notices were brought in for the purpose of ensuring the council gets its money.

    The magistrate would rely on whats called the proofs of the offence on whether your guilty or not. These I imagine would be:

    1. Does the vehicle belong to you (the council will prove it does)
    2. Was the area well marked about parking (the council will prove it does)
    3. If private property it may still be considered a Public Place, and if the council has been asked to enforce the parking I would say not much u can do
    4. You were parked contrary to the conditions of the sign (the council will prove that you were maybe by how long they noticed you exceeded the time limit)

    Nothing else matters at this point in the case, so unless you can disprove one of the above, plead Guilty

    WHAT IS YOUR BEST OPTION

    I would suggest asking both cases to be heard together and both pleading guilty with a reason. When the magistrate asks be sorry and apologetic and tell the story as it is. Tell the Magistrate that staff had been parking there for as long as you can remember and you or the manager were not aware that the council had been asked to enforce the parking there. You can also bring up how only 2 cars got fined. Ask the Magistrate for a section 10.

    • ys on 02/01/2019 - 14:29

      thank you for your reply

  • tsunamisurfer on 02/01/2019 - 14:15

    The grounds for appeal is weak if the thrust of it was he didn't get a fine but I did.

    • ys on 02/01/2019 - 14:28

      thanks

  • EightImmortals on 02/01/2019 - 15:24
    -5

    "I think it is very selective and inconsistent to fine only 2 out of 7 cars. Based on this, do you think that I have any grounds to dispute this parking fine?"

    Absolutely.

    Go here and buy their book, it will have all the info you need. (I recommend the hardcover over the ebook)

    http://aussiespeedingfines.com/

    http://www.aussiespeedingfines.com/pages/2017-%252d-Current-…

    Hi Guys,

    Just letting you guys know. I had 2 parking infringements from Wyndham City Council just before xmas. They have both been withdrawn using your methods. Thanks a lot keep up the good work. You can use this in your testimonials if you wish.

    Cheers,

    John – Vic.

    Most of the other testimonials are for speeding and other fines but a few are for the parking, the process works the same way.

    • pais on 02/01/2019 - 21:54
      +3

      All the road rules are just that - rules. They are NOT Acts or Laws.

      There is large section of the e-book that explains that without a victim there can be no crime and without a crime there is no call for punishment. There is NO victim if you break a road rule and therefore there is no crime committed and no need for punishment by way of any fine or loss of demerit points.

      I am skeptical of the legal veracity of any of the recommendations this ebook would contain, given the shitty writing on the website.

      It's like the highway version of Freeman on the Land voodoo.

      • p1 ama on 02/01/2019 - 21:57

        I'm pretty sure it was sarcastic!

        • Olokun on 02/01/2019 - 23:49
          +1

          Reading the comments further down I don’t think hint they were

        • pais on 03/01/2019 - 08:45
          +1

          I’m pretty sure he is genuine, unfortunately.

      • pegaxs on 02/01/2019 - 23:34
        +1

        “I wasn’t driving, I was traveling”

        That site looks like pure snake oil. It is set up to sucker stupid people out of their money. Pay for this, pay for that. And the amount of click baiting commentary is astounding.

        • EightImmortals on 03/01/2019 - 07:04
          -1

          It's amazing in this country - no one seems to question or challenge anything and when you speak up they look at you as if your weird.

          Everyone has been so conditioned to just accept what is… so much apathy, ignorance and fear - we need to be much more like the French in our attitude but everyone is either asleep or it's the old "she'll be right mate" attitude.

          • pegaxs on 03/01/2019 - 09:02
            +4

            @EightImmortals: I didn’t say “don’t question or challenge”, I merely questioned the validity of that website.

            If it wanted to help people so much, why is everything behind paywalls? Everything is click bait to get you to sign up for the “members area” or to buy their books. And reading through those testimonials is nauseating and the video is cringeworthy.

            I doubt that there is any better information there than what can be had elsewhere on the internet. The site is built purely to sucker vulnerable people into parting with their cash to this snake oil salesman rather than to their local council. So, instead of giving the money to the council where they can use it to improve roads, parks and infrastructure, give it to this guy so he can buy sports cars…

            And we are not conditioned to accept it. This forum is full of the same type of question as this. It’s an OzB meme to come in here and ask how to get out of parking tickets. The problem is, the government make the laws, and you vote in the government. The laws are made on our behalf by our representatives. It is all then given to us in black and white so we may read it and abide by it. It’s not hard to follow the law, that your government representatives laid out, to not get fined. It’s not like it’s obscure or hard to find.

            So, no, we don’t just take it, but a lot of the time, there is not much we can do about it. The law is what it is, and the only way to do anything about it, is to change it. But paying some yobbo on a website isn’t questioning or challenging the system, it’s just finding loopholes. So, make up your mind, do we challenge and question the system, or do we just find loopholes to jump through?

            • EightImmortals on 03/01/2019 - 10:07
              -6

              @pegaxs: And responses like that is what motivates me to keep up the fight, the assumptions and ignorance are overwhelming.

              From the website itself:

              "If you were legitimate then you wouldn't be charging for your information.

              Often people will ask us why we charge for our information and some even suggest that we are as bad as the corrupt agencies trying to steal from the very motorists we are here to help! Please see the following very straight forward responses to that:

              It has taken us collectively over 10 years to research this information and put it together in a simple, step-by-step guide that anyone can use.

              We spend thousands of dollars EVERY month just promoting our information on Google and the like to try and get it into the hands of EVERY motorist BEFORE they get a fine, so we don’t keep getting e-mails saying "Gee, if only we had your information ….. time ago" when it is often too late.

              On top of that, we pay out a 33% commission to all our affiliates so you can actually earn money by helping us spread the word. We can't pay you if no-one pays us!

              We then provide e-mail updates pretty much every week or two - completely FREE - for life.

              We receive in the vicinity of 300 - 500 e-mails EVERY DAY, which we personally answer. This costs time and money which we do NOT charge for.

              We also have a web guy who puts EVERY update on-line and adds in new Testimonials and other information onto our website - at NO cost to our Members, ever.

              Once you have paid your initial Memberships, you get everything else completely FREE for LIFE!

              Just a SINGLE speeding fine will cost you upwards of TWICE the cost of our e-book. Our information will save you from EVER having to pay ANY speeding fines, parking fines, red light camera fines etc. for LIFE.

              Trust us, for $67 it is the cheapest and best motoring insurance you will EVER buy AND, if for ANY reason, you don’t agree then just let us know within 30 days and we will give you a FULL refund!"

              Secondly, the bloody council steals enough in taxes already and I see too much of that money going to waste. Excessive councillor wages, junkets to nice overseas countries for 'research' trips etc etc. And as I have pointed out in other threads the amount that government in allit's forms wastes is beyond ludicrous. The government will NEVER have enough of other people's money regardless of how many creative ways they come up with to steal more and more of it every day. So even if you came close to proving your accusation about 'ol mate and his alleged sports car I would still rather give the money to him on principle alone.

              "The problem is, the government make the laws, and you vote in the government. The laws are made on our behalf by our representatives."

              More fantasies? Or can you show me some evidence of where I have been able to vote for or against particular laws? Where is the formal mechanism whereby 'we the people' can direct government to enact or repeal specific legislation? Merely electing which gang of crooks gets to unaccountabley lord it over us for the next four years is not 'democracy', representative or otherwise. And if the people I vote for do not get into power then those who do get power are NOT representing me in the first place, they would be (according to you) representing someone else who then gets to force their views on me under threat of violence. I bought into that illusion for too many years already and can't go back to it now.

              "It is all then given to us in black and white so we may read it and abide by it. It’s not hard to follow the law, that your government representatives laid out, to not get fined. It’s not like it’s obscure or hard to find."

              Then why do we need solicitors and barristers and a whole legal system of university trained professionals to interpret these 'simple' laws and represent us (at huge cost) when we accidentally disobey some obscure and capricious scribblings?

              Either way you are totally wrong about the law as well as about your alleged democracy. Here's a good explanatory article from a lawyer in Canada.
              https://winklerinstitute.ca/inaccessibility-of-legislation/

              "Legislation is inaccessible for most people. The words are long, the logic is convoluted, and often, it seems like there are more exceptions than rules. At the end of the day, laws are not drafted for everyday Canadians to read and understand, drafted by politicians (often lawyers), for lawyers. And even then, well-trained professionals often have great difficulty working with them (talk to anyone who’s had to deal with CASL).

              The problem is compounded by the fact that there is little incentive for politicians to simplify the law. One invariably wins more votes by proposing and passing new laws, as opposed to making old laws more readable.

              Furthermore, making legislation more complicated is often helpful in passing more laws. It’s in the politician’s best interest to make the new laws as wordy as they need to be to fit in exceptions for various voter groups, lobbyists, and campaign sponsors. "

              "So, make up your mind, do we challenge and question the system, or do we just find loopholes to jump through?"

              There is no avenue that I can see for the people to change the system, I mean hell, even as bad as things are generally we still can't get people to even vote differently…AND THAT'S EASY! So unless there is a mechanism in place to make self determination even easier, like a system of citizens-initiated referendums for example then things will continue on their downwards spiral. But again you are in error, the information on that guys website IS all about challenging and questioning the system, THAT'S HOW IT'S DONE. And if enough people stood up to the bullies instead of rolling over then perhaps things might actually change.

              As I said, do what you want, be apathetic towards it all, pay up whenever they make demands, it's your life. But some of us have had enough tyranny for one lifetime and are willing to overcome our abject fear or authority and try to make things better.

              • pegaxs on 03/01/2019 - 10:33
                +5

                @EightImmortals: Good lord. And I thought I waffled on…

                we pay out a 33% commission to all our affiliates

                So, basically, what I have read is that this site is a MLM type product? If you are spruiking it so much, are you and affiliate ?

                • EightImmortals on 03/01/2019 - 10:46
                  -4

                  @pegaxs: OK just to clarify, I am not an affiliate and I have no association with that website at all. It is just a handy resource that people can use if they choose to. If I find any other places that hAVE the same info for free I will post those for next time. :)

  • bobbified on 02/01/2019 - 15:25

    Speak to Westfield management first and get a definitive answer of whether or not they control the area you were parked in first. Then establish whether they have an agreement with the council to issue fines on their private land.

    Councils cannot issue parking fines on private land unless the land owner has an agreement with them.

    • ys on 02/01/2019 - 15:59

      They have an agreement. Thanks for your reply.

      • bobbified on 02/01/2019 - 16:05
        +1

        Guess it's now down to what's in that agreement between Westfield and the council and then what's in the agreement between Westfield and Target re that particular area.

        Best to speak to management at Westfield then.

        Such a pain in the ass.

        • EightImmortals on 02/01/2019 - 16:25

          It doesn't matter what's in any of those agreements as the OP was not party to them.

          • bobbified on 02/01/2019 - 16:41

            @EightImmortals: Shopping centres can make agreements with the council so that the council can issue fines on the private land. The centre management effectively hands control of the area to the council.

            The scumbag council is everywhere there is money to be made!

      • EightImmortals on 02/01/2019 - 16:24

        Oh so it was a private car park and not a council one. Even easier if you wanted to challenge it.

        https://www.wonder.legal/au/modele/private-parking-fine-appe…

        There are numerous grounds which can be used to challenge a private fine. This letter can be easily adapted to include a number of typical grounds of appeal. Additional grounds of appeal may also be added manually.

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

        https://www.lawanswers.com.au/blog/private-car-park-fines-kn…

        • ys on 02/01/2019 - 16:26

          It’s not a council park but Westfield have an agreement with council to issue fines :( so the fine I received is from the council

          • EightImmortals on 02/01/2019 - 16:34

            @ys: That's interesting (just gave me something else to research. :) ), I would query the legality of that too. Going from the photos I would simply challenge on the grounds of the what the sign says about receiving times though I couldn't make out the writing on the notice underneath. If they don't sort themselves out then apply to have the matter heard in court. But srsly, get the aussie speeding fines book so you are not going in blind.

        • Baysew on 02/01/2019 - 16:35

          Oh so it was a private car park and not a council one.

          OP stated - I called the council and they have said that the shopping centre management has worked with the council to issue these fines.

          • EightImmortals on 02/01/2019 - 16:43

            @Baysew: Yes it seems that Westfield has contracted with certain councils to issue parking fines on their behalf.

            https://www.adelaidenow.com.au/messenger/westfield-marion-pa…

            So Westfield pays the council and council gets to keep the loot. The article I posted lists unclear signage as the major cause of parking tickets so if I was the OP I would be challenging them on those grounds. I certainly didn't see anything in his pics that says no parking anywhere.

            • Baysew on 02/01/2019 - 16:51

              @EightImmortals: Further to unclear signs, perhaps the signage is not compliant.

              Parking signs not so fine

              None of the signs displayed in the parking area [near Coles] comply with Section 204 of the Road Safety Road Rules 2009.

              This was in Victoria, and also the centre like many Westfield sites has now gone to paid parking.

        • bobbified on 02/01/2019 - 16:43
          +1

          There are numerous grounds which can be used to challenge a private fine.

          It's a council issued fine, not a private payment notice.

  • ys on 02/01/2019 - 23:27

    Hi everyone, an update.
    Thank you everyone for your valuable input. I've gone back and had a look at the signage and have found this https://i.imgur.com/5I60dwF.jpg
    which says it's a private parking area with a time limit of 90mins.

    However my fine was for A8-5 "A motor vehicle must not be parked in a restricted parking area unless the vehicle is of
    the class for which the restricted area is established."; where "restricted parking area" is defined as "restricted parking area means a part of a private parking area marked by signs or a combination of signs and lines as a parking area reserved for the use of a stipulated
    class of motor vehicle".

    There is no particular signage/combination of signage that marks this parking area reserved for the use of a stipulate class of motor vehicle.
    Because of this, do you think that the alleged offence as per the infringement notice isn't correct? It should be for s8-6, "Subject to subsection (7), where a time limit is in force under this Act in relation to the parking of vehicles in a private parking area, a motor vehicle must not be parked in the private parking area for a period in excess of the time limit (unless a permit issued by the owner authorising the parking of the vehicle beyond the time limit is exhibited in the vehicle)."

    Where subsection 7 stipulates "7—Owner of private parking area may impose time limits and may set aside
    any part as a disabled persons parking area, no parking area etc
    (1) The owner of a private parking area may by a notice or notices exhibited at or near
    each entrance to the private parking area impose time limits on the parking of vehicles
    in the private parking area.
    (2) The owner of a private parking area may set aside any part of the private parking area
    as—
    (a) a disabled persons parking area;
    (b) a loading area;
    (c) a no standing area;
    (d) a restricted parking area;
    (e) a permit parking area."

    Does this change anything?

    • p1 ama on 03/01/2019 - 01:23
      +1

      It doesn't change the fundamentals of the case. You have three options:

      1) Pay the fine.

      2) Apply for a review.

      3) Take it to court.

      Ultimately, you can try and apply for a review. If that does not work and you take it to court, then the council will have to try and prove that you parked illegally to a magistrate and you will have your chance to refute their points. The question is whether it is worth it for you to take it to court.

      • ys on 03/01/2019 - 01:42

        thanks p1 ama. ill try my luck with a review, and pay it if it does not work.

        • EightImmortals on 03/01/2019 - 07:03

          Apply for a review and then take it to court if they knock you back. But be prepared beforehand, I have already sent you links for how to do that. Ignore any ignorant naysayers. In the end it's up to you though.

          • p1 ama on 03/01/2019 - 13:00

            @EightImmortals:

            Ignore any ignorant naysayers.

            I'm not saying OP should or should not take this matter to court (that's legal advice I'm not qualified to give), but it's silly to ignore any advice to the contrary.

            Parking fines are relatively small and likely to be less than any court fees charged. You wouldn't want to take this to court unless you were relatively sure that you would win. Whether OP has a good chance of winning or not will depend on the evidence presented. Going to court would also mean taking a day off work.

  • Zachary on 03/01/2019 - 14:37

    …dude you parked in the receivel area where trucks come in to drop stuff off……do you want trucks to crush your car coz its in the way…? Surely there was better parking areas than in front of that……..

    • ys on 03/01/2019 - 22:07

      I did say that the recieivng area is only operational from mon-fri 7-3, this occured on a sunday

      • Zachary on 04/01/2019 - 19:06

        oh so u did….I just only red the title and went straight to posting my reply….didn't bother reading the description because it was a wall of text…..

  • HeWhoKnows on 03/01/2019 - 17:09
    -1

    Firstly you are not on a public road or car park.
    hence I dont think council has any power to issue or enforce the fine.
    You may wish to look into this.
    Secondly I dont believe that "private" parking signs are enforceable.
    You may wish to look into this.
    Thirdly, yes if only 2 of the 7 cars were fined you definitely have cause to ask questions. In situations like this many fines have been overturned.

    • p1 ama on 03/01/2019 - 22:58
      +1

      Firstly you are not on a public road or car park. hence I dont think council has any power to issue or enforce the fine.

      This is not true. Councils enforcing fines for shopping centres is not uncommon.

      Secondly I dont believe that "private" parking signs are enforceable.

      This is half true, but it's not as simple as saying they are not enforceable. Basically, the idea is that when you park in a private carpark, you are entering into a contract with the owner, where payment is exchanged for the right to park there. The parking "fine" is basically a letter of demand for costs associated with chasing you up for the payment. They are not "fines", but to say they are not enforceable is not true, otherwise I could legally go and park on your front lawn without any recourse.

      Thirdly, yes if only 2 of the 7 cars were fined you definitely have cause to ask questions. In situations like this many fines have been overturned.

      Link to evidence of fines being overturned for this reason? It's much more likely that this was stated on a review along with other details and it was actually the other details which ended up having the fine revoked.

      Obviously what you say cannot be true because not everyone who parks overtime gets a ticket. Sometimes a car might be lucky, arriving just after a ranger has left. The ranger might have made a mistake, might have been lazy…etc. None of this has anything to do with whether you parked overtime or not.

  • bongom on 04/01/2019 - 08:26

    Are you parked in front of a bin that requires emptying?

    • ys on 04/01/2019 - 15:01

      Nope. In fact I’m not blocking access -silver astra next to the fined Yaris is blocking both bin access and roller door access. Left roller door is not operational, not that access to the right roller door is required on a Sunday anyway.

  • jellykingdom on 04/01/2019 - 09:39

    Honestly, i wouldn't even bother to try. Something like 90% of disputes don't make any difference to the outcome, i'd just pay it and kick a parking inspector next time you see one

    • wiipantz on 04/01/2019 - 10:43
      -1

      lol, then be up for assault no matter how good it would feel and you want too. I still up-voted for the lols it gave. I personally give them a spray and watch them scuttle off behind some rock or something, just like Tram cops in Melbourne. I purposely carry dud cards to watch their eyes light up with glee until I hit them with my valid ticket and then give them a further spray for their absolute drain on resources ect. Good times learning from a friend down here. Seriously they add 0 value to society and it's not a particularly skilled vocation parking or tram cops, albeit the average Australian motorist(citizen) can be entitled AF and it would be a bit of chaos but looking and traveling extensively abroad you realise how narrow we can be in ways with just a slight attitude adjustment.

      • jellykingdom on 04/01/2019 - 13:35
        +1

        I don't have a massive problem with ticket inspectors on the trains.

        But yeah, getting fined like i have for parking at 90deg with BONNET to curb instead of REAR to curb (twice, in 2 different places, i might point out), or for parking the wrong way up the road on a suburban street…yeah, makes me pretty goddamn angry. I have no issue with being fined for parking in a loading zone or ambulance bay or disabled parking…….but i'm hurting noone by not seeing a sign and parking my car at 180deg the wrong way!!!!

      • p1 ama on 04/01/2019 - 19:39

        Seriously they add 0 value to society and it's not a particularly skilled vocation parking or tram cops, albeit the average Australian motorist(citizen) can be entitled AF and it would be a bit of chaos but looking and traveling extensively abroad you realise how narrow we can be in ways with just a slight attitude adjustment.

        I agree with you, but everyone says this until they're looking for a park on a busy day and everyone has been parking there for over the allotted time, or they try to pull into a loading zone to drop things off and selfish idiots are parked there.

        • wiipantz on 08/01/2019 - 16:35
          -1

          I just leave mostly or don't drive for many a reason, F that noise. My statement is just a vent about the entitled nature we have here mostly and the lecherous nature of over over governed Tax farm we have slid into in the last 40 years or so.

  • [Deactivated] on 04/01/2019 - 12:04
    +2

    Is there any way I can block threads that involve people trying to weasel out of parking fines?

    • serpserpserp on 04/01/2019 - 14:32
      +1

      Or weasel out of paying for anything. Or general OzWhinge threads.

      Please let me know if you find the answer. I know you can block threads by clicking into them and then pressing Alt & F4 together at the same time.

  • PopCounty on 04/01/2019 - 12:34
    +1

    Must say OP, you are very receptive and acknowledging. Hard to find these days as suggestions (from fellow members) normally is taken as intense advise. Hope you get out clean. If not, then this is an opportunity to dig all the aspects for better decision makings.

  • SydStrand on 04/01/2019 - 13:32

    We're off to a good start with 2019 'help me weasel out of a parking fine, Ozbargain!' threads.

  • serpserpserp on 04/01/2019 - 14:30
    +2

    Although the photos are good. I feel like this situation would be better explained via the medium of MS PAINT.

    • [Deactivated] on 04/01/2019 - 15:55

      or via the medium of shadow puppetry

  • ys on 11/01/2019 - 12:00
    +1

    Hi everyone.

    My fine has been withdrawn.

    Thanks so much for all your advice.

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