Disputing Parking Fine - Yes Its Another One of These Threads

So to add to the deluge of council accused non compliance heres an interesting one.

And the TLDR of it is council issued a fine, evidence is 3 photos taken after the fact and a statement which can easily be questioned and destroyed, council trying to dodge questions and strongarm me into paying—-

Setting up the day, i'd been at work doing a run (job not important at this point), it was a pretty hot day, pulled into a shopping center and nearby a bus terminal area theres a 15m park.

Only needed to run in for one thing so this was sufficient, after indicating I noticed a council officer chalking cars, and i've had to wait quite a bit to pull into the park due to the officer to move out of the way. i've chucked a dash cover up due to the heat and my work's policy of concealing any valubles or perceived valuables in the car (expensive comms gear mounted in the front of the vehicle, obviously can't cover up the whole car, but it's procedure and the car can really heat up in 5-10 minutes).

I've run in and come out approximately 10-12 minutes later to find a nice little package on my wipers informing me i'd exceeded 15 minutes, which by my estimates would have still placed the officer around, but there were none in sight.

Figured hey they'd jumped the gun, ill go home send them a message requesting their evidence sort this out.

I get a reply over a week later with 3 photos of my vehicle, one of the rear of the vehicle showing the 15m parking sign in clear view, one of the front of my car with the fine on it, and one that is a partial view of my tire.

I send them a request for all the evidence involved in the matter as these 3x photos, are all dated after the offense was alleged to have taken place, none in the 15 minutes prior which I would have gone, hey maybe I must have misjudged the time, paid it and moved on.

But alas, none of the photos pointed to this, instead it gave the idea that they'd jumped the gun.

They straight up play me off, acting as if I have no right to further information and that I may lodge a dispute on the fine.

I reply to them, that at current I have no grounds to make a dispute, I'm simply trying to review the situation at hand to make a decision, I also reply to them that I will also require documentation of what time the other cars there were marked.

Two pretty simple requests. The replies from here forth debate my "rights to know" these things, questioning the relevance, all the while insisting I "just pay the fine as the council is satisfied".

I also have several "This matter is considered finalized, and there will be no further correspondence" to which I kept getting replies despite this.

So the thing i've not disclosed to them at this point is I work in the security industry and on this day in question my route was in relation to this, so therefore I was on duty and count as a professional witness, i've not disclosed this to them and I am not planning to do so anytime soon, I also had a run sheet with signatures in relation to this, which as you can imagine my employer is not keen to handover for the purposes of disproving a fine, and the council would likely claim it's been fudged, so these two things are something i've not planned upon bringing up.

Further correspondence in with the compliance officer and it's pretty clear this person has limited training, i've mentioned to them how at this point an offense has only been alleged, where they are inferring that an offense HAS taken place, as well as inferring that all 3 photos are going to be accepted by a magistrate and be decided in the councils favor and that i'd have to pay court costs.

I question these statements again stating that, i've got every right to ask to see all the evidence in regard to the alleged offence, and that it seems as if the councils expiation department is trying to intimidate me into paying the fine.

I've again reiterated that I wish to review all of the councils evidence, I even make it simple, if the evidence is simply :
the 3x photos
a statement from the officer

Can you please confirm this so I can consult the correct advice.

I also request to get further information on when cars around mine were marked as this will be relevant to my case - again this simple request is deflected and parts of the powers enacted to the council as well as directing me to dispute the ticket are again prattled off to me.

Friday I am now offered to get a phone call from the head of the expiation department, I express how I dislike talking on the phone and I don't think that
A) this is appropriate given the situation as I am recording everything in text form to seek advice (plus looking at all the inconsistencies in their evidence and argument)
B) why are they afraid to state anything to me in writing to a point they want to state it in a voice conversation with no record?
C) (I didnt say this one)I just hate talking on the phone

Come friday afternoon call from an unknown number while i'm at work, I generally don't answer these, they call me 5-6 times so I figure this must be an emergency, nope, I get a guy who gives me the incorrect name numerous times and i'm about to hang up and thinking its a wrong number or a stitch up, then all of a sudden this guy goes, oh wait a second sorry wrong name is this (insert name here), after 2 minutes of me asking him to state the nature of the call before i'm giving any information, he begrudgingly identifies himself as the manager of the expiation department.

He starts off pretending to be friendly telling me that he can't understand my dispute as it has come through blank, I inform him that i've not lodged one, I went to issue a request for further information like i've been requesting in emails, and that the system seemed geared to not be able to handle this.

He laughs, and goes oh it's this one, your the guy asking lots of questions, I inquire with him as to why this is an issue, a 10 minute back and forth now goes on with this guy trying to refuse to hand over any information, and trying to effectively batter me down into either paying the fine or taking it to court, where he likes to keep adding that "and we will win", at the end of this run, he finally decides to go hardball and says in a really sarcastic tone, "maybe you'd like me to organize for you to speak to our solicitor". (I found that quite hilarious). It's become pretty evident due to this guys tone and frequent talking over me and treating me like a kid, that he's extremely sure of himself and proclaims himself several times before this to be a compliance specialist.

So after he tries to drop the solicitor remark, I figure hey what the hell, and I state to him what the purpose of this would be?
He starts to prattle off again about how most people don't know the laws so have to have it explained to them by a lawyer.

So I identify myself, I hold a certificate 4 in compliance, and part of my role at my company is as a compliance officer, he instantly sees this as a hostile move and instead of trying the lawyer line again, starts bragging of how he has worked in the department for 20 years, how up until recently all that was required of the officers was "their word". I've stated to him how these days that could easily be destroyed in court, i've deliberately not given up the flaws in the photos in case I have to take this to court. I interject that right now the situation presents as this, there are 3 photos after the fact which do not prove an offense has been committed, and a statement from a professional witness.

As I was on duty at the time, any statement I give would also be treated as a professional witness statement, with anger he concedes that while this is true, "my officer will be believed over you as they have enacted powers of government" and decides to go off in that direction, before stopping himself and going, hey… you would have had a run sheet wouldnt you, I guess you wouldn't mind sending me a copy of your run sheet, as if he believed I didn't have one. I reply to him that if there was a run sheet for the day in question, there is no one in hell any security employer would allow one to be copied and sent to an unauthorized party.

He tries to dig into this, and I point out to him, look you've tried to tell me I have no idea what i'm talking about, but even you can admit right now that we can both agree in any industry what you've just asked me to do is a violation of the privacy act 1988.

As soon as deploying that he's backed down on demanding a run sheet to prove my legitimacy of being on duty, and then decided to go back to the solicitor angle, again trying to state that they have completely satisfied that their photos and their statement are enough.

I pause and I question him on this, and ask him so if you are confident that one statement and three photos are sufficient evidence, can I get confirmation that this is ALL of the evidence for you alleging the offense.

I get a subdued "well yeah".

Pretty pissed off that i've finally gotten an answer I pull the guy up on this we're now 15 minutes into the call, and I remark that this is literally the question i've been trying to get answered right from the start, this and the markers, why was it so hard and why are you refusing so hard.

He pulls back and states how this is NOT discovery, and they had no legal requirement to provide the evidence (pretty sure this is illegal, i've numerous times in documents referred to myself engaging in discovery where i've issued them written requests for evidence to review their case to choose whether to pay or dispute it, and instead been met with hostility).

He's refuted this, and i've asked him… at what point have you answered my questions, or your staff at any point that answered the first two questions, i've now got one answer what about the second question.

He asks me what that question was, I reply "about the markers, what times were the other markers placed on the cars"

He seems dumbfounded, he asks for what relevance that is.

I tell him exactly what happened, when I pulled up a female officer was marking cars, I had to wait for her to move for me to park. He then tries to go, and you put a sunshield up meaning you were to remain there for an extended period of time, way more than 15 minutes".

I reply to him that this is an assumption, I explain to him that it's company policy and why so, he laughs and starts to claim that i am "reaching" and that he's "heard it all before", I reply to him that while putting it up which took me a whole 30 seconds that officer had finished up on the next two cars and moved on. Meaning at my point of exit from the vehicle there was no officer around the vehicles.

Yet in my small time frame going in and out, i'd some how had the officer come back, mark my car, wait 15 minutes then ping me.

He laughs at me and goes "Thats exactly what happened". I've then gone, again thats an allegation, i've asked for all your evidence, you have 3 photos after the fact and a statement, I've got a statement that contradicts it, it's going to come down to photos that can't seem to prove anything.

Further more if other cars were fined there, you'd have all the time stamps when the tickets were issued, so i'd like a register of all of those, as its a bit suss if my car got done at the SAME time as other cars there as mine had pulled in after other cars there, and brings reasonable questions as to when my car was tagged in relation to the other cars.

He completely dodges this question and states to me "In my 20 years doing this we've never lost a court case" then keeps telling me how he has more stuff to do right now and will call me back later, i'm pretty annoyed at this phone call and dealing with the guy (if I talked to the police or clients how this guy was talking to me we'd lose contracts or get into fights).

I've then asked him how the evidence situation has changed in the last 3 months, he seems puzzled and I reply to him that several of my staff on many occasions while on duty have sent his expiation department alerts and photos of matters where sapol informed them they were not the best party to handle it, I single out a case at a local shopping center where a car was clearly illegally parked. They were notified, and photos were sent in which clearly showed the car breaking the law. All of a sudden he went from claiming photos were sufficient evidence for them to issue fines to a "well i'm sure that didn't happen" I offer to send him copies of the correspondence where his department had cited that mere photos were "Insufficient evidence as photos are insufficient evidence" he's then gone "oh that won't be necessary our officers never take the word of the general public" to which I reply, yet this offense was witnessed by on duty security officers (professional witnesses) and a member of sapol, who in fact was the one who directed them that the offense was a council matter".

He's then started to trail off telling me how "fake cops think they know everything" (thanks for the uncalled for insult mate) and then told me (not asked) he will call me back to discuss the matter further.

I've told him not to call me back, please email any further correspondence, and to please email me the statement of evidence you've just given me so I can refer it to advice. He replies to me "whats wrong with a phone call? I PREFER to talk to people and let them know how things are " (came across as "I Like to intimidate and harass people"), I again refer him to email me due to being busy and wanting a record of correspondence.

Since then i've been thinking this over for course of action - I get they are trying to intimidate me into paying the fine, which is making the part of me going hey this is a ton of effort dealing with a poor situation just get it over with.

Other part of me is feeling hustled and like they've tried to play the intimidation game on me.

Has anyone had an experience similar to this or taken this to court?

Given what they've presented and given my experience with court matters and presenting evidence to police and in court (including statements)… it's smacking incredibly of insufficient evidence.

I've had a case where we've busted a dealer on site in a complete, there is footage of him dealing, he was caught with substance on him, witnessed by three different officers trying to discard it, and he resisted arrest and assaulted a cop and the entire case fell apart because his lawyer argued that in the dealing footage, you couldnt see what he was handing out to people clearly therefore lack of evidence.

Now thats criminal law, so burden of proof is beyond reasonable doubt.

I'm guessing council offenses fall into civil law which is proof to reasonable doubt.

Given the time frame, refusal to provide all evidence and relying on a statement and 3 photos which don't prove the offense, and the photo alleging the marker could be any tire on any car and again was taken after the fact (seriously a time stamped photo when it was put on, and taking a photo that showed the tire actually belonged to my car) would have altered my thought on this.

Anyone have any thoughts on it and moving forward?

Comments

  • -1

    Amazing.. 2,859 words 15,114 characters!

  • +1

    FYI - Here are some rules about the duties of an expert witness: - http://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr20053…

    UNIFORM CIVIL PROCEDURE RULES 2005 - SCHEDULE 7
    SCHEDULE 7 – Expert witness code of conduct
    (Rule 31.23)

    1 Application of code
    This code of conduct applies to any expert witness engaged or appointed:

    (a) to provide an expert's report for use as evidence in proceedings or proposed proceedings, or
    (b) to give opinion evidence in proceedings or proposed proceedings.
    2 General duties to the Court
    An expert witness is not an advocate for a party and has a paramount duty, overriding any duty to the party to the proceedings or other person retaining the expert witness, to assist the court impartially on matters relevant to the area of expertise of the witness.

    3 Content of report
    Every report prepared by an expert witness for use in court must clearly state the opinion or opinions of the expert and must state, specify or provide:

    (a) the name and address of the expert, and
    (b) an acknowledgement that the expert has read this code and agrees to be bound by it, and
    (c) the qualifications of the expert to prepare the report, and
    (d) the assumptions and material facts on which each opinion expressed in the report is based (a letter of instructions may be annexed), and
    (e) the reasons for and any literature or other materials utilised in support of each such opinion, and
    (f) (if applicable) that a particular question, issue or matter falls outside the expert's field of expertise, and
    (g) any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person's qualifications, and
    (h) the extent to which any opinion which the expert has expressed involves the acceptance of another person's opinion, the identification of that other person and the opinion expressed by that other person, and
    (i) a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate (save for any matters identified explicitly in the report), and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the court, and
    (j) any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate, and
    (k) whether any opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason, and
    (l) where the report is lengthy or complex, a brief summary of the report at the beginning of the report.
    4 Supplementary report following change of opinion
    (1) Where an expert witness has provided to a party (or that party's legal representative) a report for use in court, and the expert thereafter changes his or her opinion on a material matter, the expert must forthwith provide to the party (or that party's legal representative) a supplementary report which must state, specify or provide the information referred to in clause 3 (a), (d), (e), (g), (h), (i), (j), (k) and (l), and if applicable, clause 3 (f).
    (2) In any subsequent report (whether prepared in accordance with subclause (1) or not), the expert may refer to material contained in the earlier report without repeating it.
    5 Duty to comply with the court's directions
    If directed to do so by the court, an expert witness must:

    (a) confer with any other expert witness, and
    (b) provide the court with a joint report specifying (as the case requires) matters agreed and matters not agreed and the reasons for the experts not agreeing, and
    (c) abide in a timely way by any direction of the court.
    6 Conferences of experts
    Each expert witness must:

    (a) exercise his or her independent judgment in relation to every conference in which the expert participates pursuant to a direction of the court and in relation to each report thereafter provided, and must not act on any instruction or request to withhold or avoid agreement, and
    (b) endeavour to reach agreement with the other expert witness (or witnesses) on any issue in dispute between them, or failing agreement, endeavour to identify and clarify the basis of disagreement on the issues which are in dispute.

    I trust I won't need to highlight the relevant sections in so far as it applies to your matter.

  • If you have timesheet evidence + Google GPS evidence both showing it was under 15 minutes, take them to court. If not, pay the fine.

    I understand why you'd feel he's trying to intimidate you, working in the security industry, but judt try to keep your emotions out of it and be rational.

  • I can't wait for the ending!

  • I didn't read your entire post because it's too freaking long, but if you're certain you didn't park there for more than 15 minutes and you have any sort of evidence to back it up, then I say elect to take the matter to court.

    From my experience, these infringement issuing authorities like to stonewall people they've issued infringment notices to, as most people will just give up and pay the fine, even if they're not in the wrong. Even the wording of your option to challenge the fine in court is done in a way to discourage people from doing so, at risk of further liability should they lose.

    I think that's extremely unethical and the wrong way to go about revenue collection. They don't even bother to investigate a case when you raise a dispute and pretty much dare you to take the matter to court if you want the fine withdrawn. On the other hand, if their evidence is is shaky and they have doubts about the infringement, they will very likely drop the fine once you elect to go to court.

    It'll be the testimony of the parking officer versus your own, but they have photographic evidence, albeit none showing you were there for the period of time they say. I think you'll need some extra evidence on your end to counter that. Given your job, if your vehicle has GPS data or dashcam footage and it backs up your claims, I think that'll be enough to have the fine thrown out.

    At the end of the day, you'll have to judge for yourself whether it's worth pursuing.

    • infringement issuing authorities like to stonewall people they've issued infringement notices to, as most people will just give up and pay the fine, even if they're not in the wrong.

      To be fair to councils, etc (for once), there are probably a whole lot of people who claim a range of made-up excuses to try and get out of fines, so I can understand the default position being 'put up or shut up'.

    • I have acted in these matters in a professional capacity as well as in contesting my own matters.

      As a very general statement, I agree with the stonewalling comment. Government agencies know how hard it is to contest things in Court, so they often use this power balance in a way which is (arguably) unethical.

      If the OP elected to go to Court, the prosecuting agency would be require to prove their case before a Magistrate.

      It is more likely that the Council would withdraw the infringement after you elect to go to a contested hearing following first mention hearing.

      HOWEVER:

      1- getting to trial may take several appearances (multiple wasted court visits)
      2- if you lose, costs may be awarded against you which will easily exceed the value of the infringement
      3- the Magistrate probably has the power to order you to pay more if they take a dim view of your conduct (I am not in a position to check what the max sentence would be in your case)
      4- you could be convicted (although unlikely generally speaking)

      If you retain lawyers, you might be able to get some costs if you win, but if you don't you'll be up for a lot of $$$. While this is happening, the prosecuting agency will have a prosecutor who doesn't need to take a day off work to appear in Court.

      None of this is legal advice. You should pay for advice before relying on it.

  • Will there ever be an end to this telenovella ? Still waiting for the end-of-season cliffhanger :)

    https://www.thefreedictionary.com/Telenovella

  • +2

    took so long to read my eyesight started to deteriorate

    • +4

      I was on Youth Allowance at the start, now I am on Old Age Pension.

  • wow that's a very detailed post lol

  • +1

    You need to chill out a little dude.

  • +1

    Choose your battles. I didn't read, but clearly you have spent at least 2 hours writing this essay. What is your time worth, nothing?

    Pay the fine and move on.

  • "offense" is not the queens english

    Sorry old man.. we are aussies and we speak and write the queens english..

    Bloody north american spell checkers? useless.

  • +1

    Think you got a future as a script writer.

    I waiting on the movie so i can offer my opinions.

  • So any updates?

    • Yep, OP is currently writing their next essay to explain what happened lol

      Maybe we'll find out what they had for breakfast in the next ramble!

      • Lol fair enough but to be honest I didn't have a problem with the length of his story. I read it all and I thought it was a good read. I'm interested in finding out what the outcome will be - good or bad.

        • +1

          Nothing to report at current from them.

          Interestingly enough I've had an inbox telling me to contact a local Councillor I know personally (great guy) that I didn't think to contact.

          Apparently he's not only aware of issues going on with the expiation department he's committed to cleaning up dodgy practices there, so I've dropped him a line to see what he thinks.

          • @typhoonadventure: It seems that just like "stobie pole" the word "expiation' seems a uniquely SA thing.

            I'd never really heard it used before this post and if you google it, nearly all the results are from SAPOL or SA infringement agencies.

            • @nith265: I also think we have the term "heaps good" as well that you don't seem to get anywhere else.

  • Is this out on Stan or Netflix yet?

  • Update pls OP

    • Still no news from their department.

      I've had several phone calls from a number attached to the council but will not be taking any calls.

      Expiation due by is tomorrow, but they have to suspend it due to dispute, the Councillor I was recommended to contact has notified me he wants to have a chat over the matter Friday.

      That's about it.

      • What if they are ringing to advise they will waive it?

        • +1

          They can send that in writing.
          Last thing I want is another call like last Friday.

  • -1

    So would you believe it, have heard nothing at all…
    we're now joking at work that they've gone to request the security footage from the shopping center and are combing through it…

    So they're now well and truly spending way over budget to dispute a small fine…

  • -2

    So there has finally been correspondence and it is interesting to say the least.

    They've ignored everything going on and despite the fine still being listed as "on hold pending investigation", and them knowing that I was the driver… they've now sent a letter to my father threatening him to pay it with the fine now doubling due to a late fee…

    • -1

      So they're now well and truly spending way over budget to dispute a small fine…

      If it's so small, just pay it.

      sent a letter to my father threatening him to pay it

      Threatened? As in, they said that if he didn't pay it they would break his legs? Or did they just say that they would follow it up with court action? Drama much?

      If your case is so robust, have your day in court. The only one making a waste of time and trying to mine a mountain out of a mole hill, is you. The council don't care. They are using rate payers money to chase you.

      Just go to court and perform your trademark filibuster speech in the hope that the magistrate dies of old age before a ruling can be handed down.

      • -2

        So it does not in the least bit concern you that standards and ethics are being complied with at a council level, and the department involved is resorting to poor enactment of their duties…?

        As pointed out in a few of the other posts… if they're doing this to one person, how many others are there?

  • Update : won.

    • Can now add details, so they resorted to bullying tactics, again, and started ignoring all communications, so I took things a bit further and contacted a few authorities that would have issue with them not being up to compliance which I may have mentioned earlier, I don't recall (it's been a hell of a long brutal last fortnight, family health issues).

      Had several more phone calls where they've attempted to call me again in a hostile tone and as soon as informing them i'd be recording the calls and that if they had an issue with this to hangup now, to which i've had them hang up, which to be honest I really didn't feel like arguing with them.

      Got sick of it all and elected to take them to court over it all. Get a letter today I did not even get a chance to open (was at hospital all day).

      Get a phone call at 12pm today from that local council guy I don't want to mention by name, where he mentions that the department has been investigated and that a there were a lot of "short-comings" identified as well as standards and practices that required "improvement".

      That the matter would be further investigated as this has not been an isolated incident, and many of the issues noted here had raised concern over these issues and that people had already had several talks over this (sounded like people got yelled at).

      Got home nearly 7 hours ago to open that letter to find that coincidentally that the council have "as a gesture of goodwill" cancelled the fine.

      Crashed out for a bit and woke up to an interesting email stating that intervention has now taken place with the department (gesture of goodwill my a**) and I've been asked to provide a statement over what has taken place in regards to their handling of this, to what end this will be used i'm unsure.

      So from the sounds of it they've been caught with their pants down on this one, from the sounds of it they've been pulling this crap a while.

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