Parked in a Disable Parking Spot (without Authority) - Did RMS Waive My Demerit Point So I Can't Use My Clean Driving Record?

About a couple of weeks ago, I went all stupid in my head and parked in a disabled spot (my limbs are working perfectly fine) to pickup takeaway on a Sunday evening at 6:50pm. I knew what I was doing. I assumed I'll be OK. Well, I wasn't. I f****d up.

I got slugged with a $561 parking fine (ouch!) RMS Parking Fines and Demerits

The offence according to the RMS website also carries 1 demerit point. Please see above pdf link: Last Page, Fine level: 7.

I appealed my parking fine on the basis that I have a 13+ year good behaviour record of no speeding or red light offences and since I copped a demerit point, to waive my offence.

I got a response from RMS couple of days ago. "We can only consider driving history for an offence that incurs demerit points. No demerit points apply for this penalty. Appeal rejected"

Did RMS waive my demerit point so I have no grounds of using my good behaviour record? Good behaviour record can only be used on grounds of when a demerit point is issued. I should have copped a demerit point as per the law, but it seems like they've waived it off and now I have no grounds to appeal it.

Can anyone help with options? Is it worth taking it to court on the weird suggestion that I should cop a demerit point and hence good behaviour record should apply?

Updates:

  • Seemed like I got done by 650A (1) instead of Sec 650A (1), former carrying no demerit point. Hence, appeal is invalid :)
  • Residents in NSW (where I reside) and a couple of other states can appeal for speeding and red-light camera fines if you carry a 10+ years clean driving record, if you weren't already aware (thanks Spackbace).. I thought it was a nation wide thing.

Comments

  • +43 votes

    I'm pretty sure most responses on here will be to pay the fine, as you did the crime.

    BTW, disabilities are not limited to limbs.

    • +5 votes

      Thank god the inventions of viagra, or else we have to apply for one.

    • +4 votes

      Yeah I'm aware of what most responses will be. "Do the crime, pay the fine." And that's fair enough. It does apply to this situation.

      But since I'm eligible for a good driving record appeal for the time when I receive a demerit, if I can't use my record in this instance… then really what's the point?

      I've already said it… I f****d up.

      • +15 votes

        Once in 13 years is honestly a solid effort, wd.

        The rule exists because people aren't perfect. So many people on their high horses.

        • +43 votes

          Just means not caught in 13 years.

          • +4 votes

            @tessel: I wonder how many times OP had previously parked in that same disabled parking spot without scoring a ticket when picking up his Sunday night pizza.

            • +1 vote

              @Ozpit: Never previously at that spot or a disabled spot in general.

              Was at a mates place hanging to watch the cricket. Thought I'd chip in by grabbing the take away since he was sponsoring the drinks (the joint doesn't do Uber Eats etc.).

              Hopefully that answered your prejudged notion. It wasn't pizza either.

              • -2 votes

                @aurotaro: That was your second mistake. Every self-respecting Aussie cricket fan knows that pizza is the only authentic tucker to chomp on between beers while watching telly cricket. But hey, I'm being prejudiced again - in assuming you were drinking beers and it was an Aussie team you were cheering.

          •  

            @tessel: Not casting dispersions on the OP, but that's true. If all you do is drive to and from work every day then it's pretty difficult to get any fines. Police rarely book people for anything other than speeding, and if you're in congestion then you're not speeding.

          •  

            @tessel: Haha, yeah exactly: 'Once in 13 years is honestly a solid effort, wd'

          • -1 vote

            @tessel: Correct, have I driven 70 in a kmph zone? Yes I have. But there's a reason the record exists, because it doesn't happen very often.

            How's your record and do you get caught quite often? Do you speed often? :)

            • +2 votes

              @aurotaro: I actually wasn't casting judgement. I merely corrected someone's statement. We all break the law and most of it is probably accidental, going too fast and didnt realize. However, since I've obviously touched a nerve I will add I've not been caught ever, 23 years or so. Although, I have NEVER parked in a disabled spot. There's a special place in hell reserved for people that do that.

          •  

            @tessel: My high school teacher taught me this, "nothing is a crime until you get caught"

        •  

          Thanks buddy. Appreciate the kindness to what was a very simple question, "have RMS got it wrong?".

          They did, and unfortunately aside from spending $1000s in court fees, I can't contest it, which is sh*t.

          • -1 vote

            @aurotaro: You said you parked in a disabled spot due to your laziness.

            People are deploring you because you behaved deplorably.

            You asked a tone deaf question.

            A more extreme example of a tone deaf question is, 'I ran over and killed a kid. How do I get out of the manslaughter charges?'

            If you replied, would you focus on the kid in that question, or getting OP out of the manslaughter charge?

      • -3 votes

        I knew what I was doing. I assumed I'll be OK.

        What you meant to write was "I knew what I was doing. I think the rules don't apply to me, and because i've never been caught before, I shouldn't be penalised."

        Why should a "good driving record" get you out of a fine? You still broke the rules, so why does it matter what you have done in any point before now?

        • +7 votes

          Not saying whether or not a good driving record should get someone off a fine, and i dont think OP is either.. But the fact is that in certain circumstances it does, hence why he asked.
          He isn't suggesting he did the right thing, or that any rules shouldn't apply.

          Just FYI

          • -4 votes

            @wozz: I doubt this is the first time OP has parked in a disabled space. It's just the first time they've been caught. And OP IS trying to weasle out of a fine and suggesting that a "good driving record" should give you leeway to do whatever.

            •  

              @hcca: You seem to doubt a lot of things. I haven't parked previously ever in a disabled spot. But would you actually believe me since you've already made your mind up?

          •  

            @wozz: Thanks Wozz. People can't seem to fathom using a Clean Driving Record to get out of a fine which is perfectly applicable via law. I lose my CDR for the next 10 years and have to 'earn' it again by being a sensible driver.

            •  

              @aurotaro: That part I do find unfair - parking tickets were originally issued against the vehicle, as it is not neccessarily the owner/registered operator who parked it, so "points" wouldn't apply…

              •  

                @terrys: Applying 'points' makes sense though, and you nominate the driver who was operating the vehicle. It means company vehicles and rich people can't flaunt things like disabled spaces.

      • +3 votes

        The point is to be a decent human being. Instead of having the expectation of being rewarded.

      •  

        I don't think you will get deducted demerit point for parking offenses, its only driving and traffic offenses. I got a fine for parking at a VIP parking zone on a street during Easter show….didn't even know it exist as I park along with the other drivers who all got fined too lmao. Sometimes these ticketing officer just know how to clear their quotas.

        Just plain ignorance to parked on a disable spot. Never do that again.

        Other than that your 50% discount on renewal of license is not affected 😁

    •  

      OP admitted he had a mental issue at the time

  • +16 votes

    Wait, let me get this straight, you want to go to court and demand they give you the demerit point that you rightfully earned in the hopes that they let off for good behaviour?

    Well that's enough for me today.

  • +13 votes

    Inb4 disableduser365451

    Oh and FWIW they seem to have charged you for:

    Park vehicle designated disability parking space

    Same $$ amount, no demerit

    Either way, I don't think many people will defend you asking to get off this…

    •  

      Thanks for pointing out the other offence, I may have missed it. The fine slip says Offence: 83517. Googling that fine doesn't seem to lead to a particular page with that number.

      Thanks :)

      • +1 vote

        Law Part Code 83517

        SDRO Codes: 83517 — Stop in disabled parking area without current permit displayed

        Current Penalties
        Demerit Points — 1 Points (MAX)
        Fine — 572 Dollar/s (MAX)

        • +2 votes

          Thanks, I appreciate you digging that up. It didn't come up on my google searches.

          Still not sure why I didn't cop the demerit point though.

          •  

            @aurotaro: Demerit points are generally only used for actual driving offences. Unless you were stopped or parked and actively blocking a roadway, it would make sense that demerit points were not applicable.

    • +19 votes

      Inb4 disableduser365451

      Technically he'd then be eligible to park in that spot /s

  • +3 votes

    Are you sure the offence wasn't "Park vehicle designated disability parking space" which doesn't have any demerit points (same page, 6 rows below "Stand vehicle in disabled persons parking space without authority")?

    • -5 votes

      Just seen it. Seems like it eh. Cheeky buggers. Thanks :)

      • +21 votes

        I doubt you went stupid in the head. You decided to consciously break the law. Own it.

        • +4 votes

          I did own it… however when you're on the forum you're blinded by that and head straight to the comments :)

          • +5 votes

            @aurotaro: You’re trying to qualify your actions to mitigate our response. Properly stated it would:

            “I parked in a disabled car park and did not care at the time that I was breaking the law and inconveniencing the disabled. I only care because I was fined and subjected to demerit points.”

            Why not take the penalty and be done with it instead of trying to squirm out.

            • +4 votes

              @Icecold5000: When you're driving at 62kmph in a 60kmph zone, why not head to the cops and ask to be fined?

              You really are ice-cold.

              • +7 votes

                @aurotaro: That’s not the point. You’re an intelligent human being with agency not a child. You decided to roll the dice and see if you could get away with it and you didn’t. Don’t insult yourself by claiming you went stupid in the head.

                • +1 vote

                  @Icecold5000: Yeah I did. I rolled the dice and thought I'd get away with it. I didn't. Accepted.

                  Law also says I should cop a fine and demerit. Law also says if you cop a demerit and have a 10+ year CDR, you are excused.

                  Can I claim the above as per law? Or would you just like the law to apply to certain situations that suit you.

              •  

                @aurotaro: If you drove at 62kmph in a 60 zoneyou wouldnt actually get fined as its -2 with a fixed camera and -3 for unfixed lol

      • +4 votes

        They're cheeky?
        Running a red light or creeping over the limit once every 10 years or so can be seen as inadvertant. Your action, by your own admission, was deliberate.

        Disabled spaces are there because people need them, not because they want them.

        •  

          Yeah, they're cheeky for not giving me the demerit point, so I have no grounds to appeal. Which I would if I copped a demerit point.

          • +2 votes

            @aurotaro: Eer- You have no grounds to appeal, your action was concious and deliberate. They have also cut off your chance to make a special plea for what could be considered an inadvertant mistake.

  • +31 votes

    What the hell has claiming lenience because of a clean DRIVING record got to do with fact you parked illegally in a disabled parking spot?
    Such selfish and inconsiderate behavior should cop double the amount you were fined

  •  

    wouldn't 650A(1) applies in your case as you parked at a disabled parking space? This carries no demerits point.
    Not sure of the difference between standing and parking though.

    Edit: Ignore this. Didn't see the response above.

    •  

      Thanks for replying. I actually didn't see the other one as I had mentioned. Oh well, looks like pay the fine it is!

      Thanks for being kind in your response :)

  • +10 votes

    Oh… so you’re one of those people. Pay the fine.

    • +2 votes

      That was short for you lol

      • +9 votes

        Just wait till afternoon shift get here and this thread blows up into a 4 page, 300 reply festival of the dumbarse…

        and I’m sure there will be that one person who will come on and reply with a stupid comment like… “well, maybe the car manufacturer should be found negligent because they didn’t have a system in the car that warned OP that they were parking like a douche canoe…”

        • +1 vote

          well, maybe the car manufacturer should be found negligent because they didn’t have a system in the car that warned OP that they were parking like a douche canoe…

          pegaxs, when you are right, you are right.

          OP, who made your car so we can boycott/send bikies?

    • +6 votes

      I was just grateful the the forums reverted to form. Thought today was "help me win an oven" Spam Day.

    • -7 votes

      Tell us about your perfect life one day when you wish to.

      • +8 votes

        Well, it starts out by not parking in parking spots reserved for people who need them more than me. The sense of entitlement in your post and replies is astounding.

        You took up a parking space you didn’t need, possibly stopped someone who does need it, just so you could save yourself an extra 5 seconds walk. You then admit fault and go on to say that you deserve some form of leniency.

        Sure, I’m not perfect, but at least I own my mistakes and have enough respect for myself and others to not park where it has the possibility to affect someone less able bodied than myself.

        • -4 votes

          can you direct me to the part where I didn't own my mistake?

          • +5 votes

            @aurotaro:

            You then admit fault

            Please, direct me to the part I said you didn’t own up to the mistake…

            And I said that I “own my mistakes”, meaning that I take care of making the situation right and/or paying any penalty involved, not to try and find loop holes and weasel my way out of it. This is a long way in advance of just owning up, which is basically only “admitting fault”.

            The mere fact that you have posted a question requesting options to get out of paying the ticket is evidence in itself that you don’t want to own your decision to park in a handicap parking space. Adult up. Own the mistake, not just own up to it. Pay the fine and move on.

            • -10 votes

              @pegaxs: Oh, thanks champ. Thanks for finding a way to define your version of the word own after I called you on it. Oh by the way, you only think you respect others, you actually don't. You just feel like you respect others.

              • +9 votes

                @aurotaro: I will be the first to admit that I don’t have a lot of respect for people who knowingly break the law and then try to weasel out of the fine.

                I also don’t have a lot of respect for able bodied people who think disabled parking spots are there for their convenience and not that of disabled people.

                I have enough self respect that if I parked like an arsehole and received a ticket, I would just cop it sweet and say “fair call” and pay the fine.

                I also have enough respect for other people, that if a spot is reserved for disabled drivers, I leave it for them to use.

                Respect is shown when respect is given. All you have shown is that you have respect for neither yourself, nor others.

                You might want to read the dictionary. That’s where I got my definition of “own” from. To hold, to have, to possess. To emphasise ownership. As opposed to: own up… “admit to having done something wrong or embarrassing.” Which is basically what you have done here.

                • -1 vote

                  @pegaxs: From Google: "admit or acknowledge that something is the case or that one feels a certain way."

                  "Weasel out of the fine" - You mean where the state law exists that I as a citizen can use? Or do you want to change the law because it suits your ego?

                  •  

                    @aurotaro: The only one with an ego here is the person who knowingly parked in a spot reserved for disabled drivers and now wants to find a way out of paying the associated fine. So, when you knowingly parked there, was it arrogance, ignorance or entitlement?

                    The state law, the same state I am in, says that someone cannot park in a parking spot reserve for disabled drivers unless they have the appropriate parking permit. Attached to this legislation is a fine for disobeying the rule.

    • -2 votes

      yeah, one of those ones with a pretty good driving record and $561+0.4% surcharge short ;)

  • +2 votes

    No,the person who done your review sent the wrong reply (ticked the wrong wording box).

    PS: When you get a traffic demerit, that could have been cautioned by your CDR (Clear Driving Record), this offence has screwed that for you. So it is a double whammy.

    • -1 vote

      Thanks, yes that's what I was getting to. That, they haven't applied the 'harsher' or correct fine which I could have appealed for.

      I would argue that it isn't a double whammy as the CDR still stands and I'll continue browsing through this lovely forum finding saving$$ tips.

  •  

    Have you paid the fine yet?
    You mentioned the incident was a couple of weeks ago; time to move on rather than dwell on your actions.

    •  

      Oh don't you worry, I dwelled on that the whole Sunday night. Worked some overtime that week to make up that extra $$$$. I was sh*tting bricks trying to tell the missus what I'd done not realizing this forum was worse. Hah!

      Fine - 16th June
      Appeal - 17th June
      Reply - 30th June… yes Sunday again.. could have been the same parking inspector doubling his shifts ;)
      Forum Topic - 3rd July 12:40pm
      Fine Paid - 3rd July 4:08pm with 0.4% credit card surcharge. Ouch Ouch ;)
      Forum Topic Closure - ?????

  • +5 votes

    I wouldn't worry about all the harsh replies. $561 is a lot of money and there wouldn't be anyone alive that wouldn't think about how they could get out of it.

    Saying that you'll just have to cop it in the chin this time round.

    •  

      Cheers certainly seems that way. I'm just annoyed that they removed the clause of applying a demerit point so I had no grounds to use my CDR.

  • +23 votes

    As a holder of a Disability Parking Permit not enough low life drivers are booked for parking there.

    You can't accidentally park there.

    Glad you were caught.

    • +3 votes

      They should have their cars seized for a month. There are hardly any disabled spaces around. Alternatively they should be forced to ferry the disabled around every weekend for that period.

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