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

    • +5

      Same. I have a child who is in a wheelchair, and often struggle to find available disabled parking, and noting the illegally parked carw there.

      Inconsiderate, self entitled drivers who occupy these parks don't for a second think of how difficult life already is for the disabled in simple everyday tasks like ambulating, showering, personal hygiene, eating, dressing etc. I hope the $500 fine is enough of a deterrent to stop more drivers like the OP, but it's a sad reflection on society that we need a penalty to deter people, rather than relying on decency and compassion.

      • +1

        Nothing infuriates me more than able-bodied people parking in a disabled parking spot. Is there a hotline to report this appalling behavior?

        • Take a photo, upload it to Snap Send Solve app which will direct a message/trigger to your local council.

          Doubt 000 will be interested. If there's a cop around, you can let them know.

          • @aurotaro: Thanks OP. We all make mistakes, hope you and others learned from this

        • -1

          Disabled spots aren't just for the 'able bodied', they are for all disabled people as determined by a doctor.

          The spots are also needed by carers to pick up their friend/family member/client.

          People aren't perfect, sometimes they will forget their tag.

          Do you really think satisfying your thirst for vengeance is worth risking a $500+ fine for a disabled person who may have forgot their tag?

          • @This Guy: You're right, I was blinded by my vengeance :( It's happened to me far too many times and it's just frustrating.
            But if they forgot their tag, they can contest and they should win? Do you have a better solution? I'm all ears

            • @FareEvader: I did not think you could contest this ticket, but things might have changed or be different in different parts of the country.

              A better solution is to be the best person you can, and discourage people who brag about misusing the space. You get your fix while not potentially putting someone on a government pension into massive financial difficulty.

      • Thanks and I agree on all your points. The $561 fine does mean I will never do it again. Lesson learnt.

        • +2

          So if you hadnt copped the $561 u would have done it again???

          This guy…

    • It is possible in the dark during rain under sodium lights. Most drivers will check when they notice they can open the door fully tho, as who needs that…

    • No worries, Annandale.

  • So it's cheaper to run a red light than it is to park in a disabled spot? I don't understand this world.

    • Don't tell the government that or they will increase red light fines

      • +1

        And that is a bad thing?

  • +4

    "my limbs are working perfectly fine"

    FYI, disabled parking covers more conditions than limbs not working

  • +3

    These forums are vicious on driving related offences…

    • +8

      That’s because most of them are self inflicted and usually posted by the entitled sector of our community.

      It’s also never about, “how can I fix my driving” but more about “how do I get away with/not pay for it”.

      The number or actual, genuine cases of wrongly issued tickets here is almost zero. There are a few, but very hard to find… Now the number of people posting and asking how to get out of paying a ticket when it was blatantly obvious that they were at fault, well, let’s just say, you might need more than two hands worth of fingers to count those posts…

      • -1

        On your high horse again it seems like with a motive. Nothing wrong with the fine, the amount or what I copped.

        But please charge me with the correct section of the law?

    • -4

      its because they like giving their money away to the government. PPl on this forum would prob prefer a 60% tax on their paycheck too.

  • +1

    Just go court or else pay the fine. Either way you fcked up!

    • No chance in hell you’ll get less in court, you’ll be paying cost as well, think that’s about $160 nowadays.

    • Cheers for the obvious mate. That was printed on the ticket too.

      Perhaps if you read my post, you may have a better understanding of what I had typed out.

  • +1

    I can see where op is coming from. There are so many reckless drivers endangering lives daily but get away with it because the police don't see it…

    Op has such a clean record; there's a good chance he normally behaves ethically and drives safely and within the law. $561 is a heavy penalty when he wasn't likely endangering anyone's life.

    I think a lot of us would try to reduce the penalty despite admitting fault (aren't we a community of thrifty money lovers afterall?)

    Op be thankful you didn't cop that 1 demerit point because you will still get 50% off ur license when u renew it. There's the silver lining!

    • +5

      good chance he normally behaves ethically

      I got a feeling from OP’s attitude, that this is the first time they have been caught, not the first time they have done it.

      because the police don’t see it…

      And I am sure that if you look over what infringements get handed out in a year, that “parking in a disabled parking spot” would only make up a very small portion of fines.

      I think a lot of us…

      I think a lot of us would not park in a disabled parking spot knowing that it carries quite a large fine. Most of the people that do park in disabled spaces are either overly entitled/arrogant or recidivist offenders who just don’t care (or weirdly enough, some are actually disabled).

      While I agree the severity of parking like OP is not in any way as unsafe as speeding through a school zone, there still has to be a sufficient deterrent in place to make even the most entitled road user think hard about if parking an extra 10 steps closer to the shops is worth the fine…

      • +4

        Oh you have a feeling? Is that of respect where you don't prejudge? It was the first time I've parked in a disabled spot, so you can let your ego settle down a bit.

        There isn't a post where I'm complaining of the severity of the fine. This post would have gone up even if it was a $100 fine.

        The only question I had here was, was I charged with the correct section of the law. The one I was charged with had no basis to appeal, the other one did.

        Anything else to get out of your chest pegaxs?

  • +10

    This brings back bad memories for me.

    My wife pulled into a disabled parking spot unknowingly. She then got out of the car and realised it was a disabled parking spot. Got back in the car straight away and drove off. We got a fine in the mail for $561 a couple of days later, stating she parked the car in a disabled spot from 8:51am to 8:51am. Tried to appeal it but got rejected.

    Up til this day i still grill her for the most expensive parking spot ever.

    • +1

      Why appeal it. She should have just owned it, paid the fine and moved on. She deserved it ;)

      Even disabled parking permit holders are happy she was caught:
      https://www.ozbargain.com.au/node/468025#comment-7463388

      Now to reality. Almost everyone thinks they are morally superior to others. Those that push that case prominently and on a regular basis, you really have to ask the question why they feel the need to do so.

      • +1

        Yeah she probably deserved it but we based our appeal decision on it being a genuine mistake and was rectified promptly. $561 for pulling into a wrong spot to me is just a bit steep. It wasn’t even a minute. Council didn’t seem to think so.

        • +1

          I actually wasn't saying she deserved it at all. My comments were tongue-in-cheek. They were really about how OzBargain has just become another internet echo chamber of the morally superior.

          • @tranter: Oh lol. As you can see I’m still bitter about it haha.

          • +2

            @tranter: It's too bad, this sort of behaviour used to only be on whirlpool but it seems like it's spread here.

        • +1

          Feel sorry for that kind of incident. That was the council out there to get you out, which is pretty wrong.

          Mine wasn't though since I had actually parked in the spot, so fair call on the inspector to issue my fine.

    • +1

      This is actually one where I agree with the driver getting off. They noticed the sign and they moved straight away.

      This is in comparison to the original poster who knowingly parked there because "it was only for a minute".

    • I got a parking ticket just this Tuesday for 2 mins over expiry. I was at the meter getting the ticket and offence was 2:54pm to 2.54pm. By the time I walked to the meter and got a new ticket it was 2.56pm. Sometimes coucils can be over zealous

      • You're not supposed to refeed the meter. Legally you're supposed to drive around the block and if it is still there then you can have it (leaving the parking area, for those more legally inclined).

        Agree with you councils can be over zealous, but just pointing this out.

        • It was a 2P zone. I parked for 30 mins. went to refeed for another 30 mins

          • @pegasusx: My apologies for making that assumption.

            Having said that - surely that can be appealed? Even if that was rejected I'd be sure as anything for taking that to court as well as making a complaint to the council. That is blatantly unfair.

            • @diazepam: I should have clarified. I was actually at the car at 2:50pm, 2 min before the ticket expired at 2:52pm. I saw the ranger and told him my intentions and took a photo with time stamp. Then walked to look for the meter. I saw him write the ticket and I rushed back to tell him again that I was getting another 30 min ticket in the 2P spot. After arguing he issued the ticket at 2:54… 2 mins over the 1st ticket. I gave up and paid for a 30min at 2:56pm and said i'll raise review and speak to the coucil to get him more training.

  • +2

    Was the takeaway good? because it ended up pretty damn expensive.

    • +1

      $121 take away eventually became $684. Was a good night and my team won. Was at a mates place to watch sport :)

      Monday morning was difficult to take when you do the math of how many hours you have to work to make up that amount!

      • May be split with mates to loosen you up 😉

  • Token did you buy comprehensive insurance?

  • Sorry! Had to post this :)

  • +3

    Seriously, don't park in those spots. My wife literally broke her back before getting a permit. Having to drive with a disability (whether it's visible or not) is not fun.

    • Agreed, and lesson learnt :)

  • Lucky you didn't have stickers all over your car

  • +2

    All the keyboard warriors are out and about I see. You people are what is wrong with the internets. Hang your heads in shame.

  • -1

    OP needs to get a life.

    • Can I buy yours? What's that like. Happy to trade in, it is getting a bit mundane.

  • +1

    Parking in a disabled spot when you aren't disabled and without the permits is appalling behavior

    • +5

      He has accepted responsibility and is remorseful and honest about what has happened.
      Now I'm glad they have come down hard on this, to lose demerit points as well is great. My daughter was going to quickly Park in one late the other night when she took me over to the supermarket and I said no way. Otherwise she may get into the habit. Now I've had a double level fusion plus other crap from a serious motorbike accident (hit by a vehicle from behind at 100kms an hour while I was stationary, not my fault ) that didn't go so well, I can walk ok but I'm in constant pain. I havnt applied for a disability sticker because I believe there are others worse than myself. So to have able bodied people parking in them for there own convenience infuriates me…..

      OP I'm sure you learned your lesson, all the best…

      • Finally a sensible and well-balanced comment. Well said.

      • +4

        My wife has terminal cancer. She has good days and bad. The bad days she cannot do anything without full assist. The good days people look at her sideways- 30 something years old with a sticker packing in groceries.

        The problem is the good day turns really bad fast, and she can hide it well. Do yourself a favour, get a permit if you qualify. It makes the bad days easier. When you experience this you will understand.

        To op, you f-ed up and don’t deserve leniency simple. It is and was a dick move. It really is quite a low, “Fk society I’m more important” act. Clean record or not, it is unacceptable behaviour.

        If I shot your mother and killed her, but I’m a cleanskin who has never been in trouble before, would I deserve leniency? What about if I tripped and fell, shooting her?

        The policy exists to permit good drivers to maintain a good record due to momentary lapse or error. You admit yours was a deliberate and considered act. Have you ever parked in a disabled spot before? I suspect you have.

        In short, as a minimum parking in spots allocated to disabled parking is a massive faux pas as a minimum. And plainly un-Australian..

        Sorry for the essay. My 2c.

        • +2

          First of all, I'm very sorry to hear about your wife. Hope the lord gives you and your family the strength you need.

          Yes, I f-ed up and the fine amount was fair. It was fair for the offence I committed and as per the law.

          To op, you f-ed up and don’t deserve leniency simple. Clean record or not, it is unacceptable behaviour.

          To say I don't deserve leniency is however not quite right imo. You can't strip a citizen of his/her rights just because that's your thoughts and feelings.

          If I shot your mother and killed her, but I’m a cleanskin who has never been in trouble before, would I deserve leniency?

          I don't know what you would do. I'm not you and not in your shoes, so I can't assume if you will plead leniency or not.

          What about if I tripped and fell, shooting her?

          If you tripped and fell, and didn't mean to shoot her and the cops charge you with murder, I'm sure you would be in court asking for it to be downgraded to manslaughter. It's an assumption, but I'm not in your shoes to know what you would do.

          Once again, I'm extremely sorry to hear about your partner and wish the best for you and your family.

      • +1

        Thanks mate and sorry to hear about your acco. I have learnt my lesson, wishing you the best as well.

    • +1

      Agreed, penalty accepted and lesson learnt.

  • I don't get it, Shouldn't the question be; I just committed a driving offense and got to keep my clean record with only paying a fine ?

    • Not quite that.

      The offence I committed as per law should be a $561 fine with a demerit point. I copped the fine but not the demerit point. Sounds good for some drivers, but since I have a clean record, the law says I can appeal it.

      However because I was charged with the wrong section of the law, I can't appeal it unless I take it to the courts. That's time, money and I'm not a lawyer… which brings me to this forum.

      • Ahh so they charged you with the wrong section and you thought that was in an attempt to not let you appeal ?

      • No, you were fined appropriately. You "Parked" which means you left the vehicle (650A (1) applies). If you "Stand" then you normally stay with the vehicle e.g. dropping off or picking up passengers, which was not the case. Also "No Standing" has been replaced by "No Stopping".

        • Does it count if my mate was in the passenger seat as 'parked or stand'?

  • means you get to keep your good behavior record right? then save yourself the time and money, don't go to court and keep your good behavior record for the next rainy day

    • Correct, still get to keep that. $561 to be fair is a reasonable amount for what I'd call a rainy day.

  • Done it 10 years ago.
    Wife was in a unwell condition at train station.
    No parking spots near the station, with only a disabled parking as the only option.
    Quickly ran to pick her up and back to the car in 2 mins.
    The ranger was already printing out the fine.
    He saw the condition of my wife was not good, but told me next time stop at a no-parking, never do it at a disabled. And told me to appeal.
    I pointed to him that there were 2 kiss and ride spots which has car parked there for longer than 5 minutes but the ranger did nothing to them.

    Went through appeal to SDRO, provided medical condition report, certificate etc, but all got rejected as she was not at a life-threatening situation. Also provided 10-year clean record, but response is same as OP.

    Paid and learnt the lesson.

    • That really sucks dude, I mean technically you did break the rules but that doesn't really go with the spirit of the law imo.

    • Sucks, but we both learnt a lesson :)

  • They should also fine people using parking spots for parents with Prams.

    • +2

      Parents with Prams parking spots are not legally enforceable. They are a courtesy provided by shopping malls to attract people with kids, usually at the expense of people with disability.

      • Quite. I had a woman give me a mouthful for parking in such a spot as all the accessible spaces were taken - as I was unloading my client's wheelchair! I'm not sure if she understood it when I pointed out the "parents" sign was advisory, whilst the disabled sign was compulsary…

  • +1

    Drive a Range Rover I'm guessing

    • +1

      Can't afford it after the fine. Plus my ego driving that wouldn't fit in a street parking spot.

  • -1

    Hehe things like unblemish records, I consider more along the lines of… never been caught

    • -1

      Exactly… 10 years of clean driving record… but hey, park at a disabled spot knowing it is wrong. So much for being a "good" driver.

      There is no OZB deal for 1 free disabled parking if you had a clean driving record for 10 years.

  • can appeal for speeding and red-light camera fines if you carry a 10+ years clean driving record

    This is not a police matter, this is a RMS parking matter. In this case, it comes down to $$$$.

    Parked in a Disable Parking Spot (without Authority)… I knew what I was doing

    So, you informed everyone in public that you did something illegal and you knew it was illegal. Anyway, appeal to RMS is useless (unless you had a truly life threatening emergency) as they have a conflict of interest, they've got someone brave enough (or if I am being blunt - stupid enough) to illegally park at a disabled parking spot. It's free money for them, why would they say no and forgive you?

    You messed around with a leech, you need to pay up.

    • Because you really didn't bother to read my post, I'll be short. You can request leniency in NSW (for demerit points under reasonable circumstances) if you have a 10+ years of Clean Driving Record.

      • My relatives tried and you might get away with speeding, but red light - zero success. P.S. I had to help my relatives try getting leniency with red light offences (despite knowing full well 99% failure rate for non-medical emergency). It is a double edge sword as well. In most of those letters, unless you are claiming real / proper medical emergency, you are in most cases admitting you committed an offence in black and white and asking for leniency.

        You just wouldn't accept this is actually not a police matter. This is a parking matter. It is basically a money grab exercise. Why do you think there is no demerit point penalty? They just want your money on this. My relative recently parked in the middle of two spots, just to grab something from a shop that's closing in 5 minutes (and the parking lot is pretty empty). Got a ticket and his mate helped him wrote a really good letter - zero difference.

        They are counting on you won't go to court for this. If you are careless with parking, you will lose money. You want to use your 10+ year driving record to your advantage, but in reality, you had no experience on what happens when you don't obey parking rules, traffic laws.

  • I could be wrong.. but there’s a possibility that the 10 year clean record could cancel out or prevent you receiving the demerit point.. As a good faith sort of thing but the fine still stands a lot of the time. Which means you’d be in the exact same position.

    I’ve had 1000’s in fines over the years and I’ve finally learnt that the best thing to do is pay it as early as you can and forget about it, don’t let it eat away at you annoying you just get it over with and move on.

    • OP worded the whole incident kinda like a police matter, but it is basically a parking matter. A parking officer found him parked at an illegal spot. It was a money grab for him. There is no demerit point penalty —> further proof that this is all about $$$.

    • thanks, yes I've paid, learnt a lesson and moved on.

  • +2

    Hey OP,

    Thank you for "owning" your mistake and putting yourself out there, with your flame suit ready.

    To be fair, rant commenced, you absolutely deserve it. If I wrote the law it would be a $3000 fine and and 10-12 demerit fine. rant over.

    I am a fit an able body person, a little round around the middle. I am not perfect and I make mistakes.
    However, I can walk, my legs work and I could think if nothing more horrible than not being mobile or in a wheelchair etc. (except maybe being blind). I would walk 10,000km or more if it meant that I would avoid becoming disable.
    I would walk from the furthest car spot in the world, just to avoid being disabled.

    So, please, never, ever, EVER, park in a disabled spot again. Those unfortunate people who are entitled to park in there, my hat goes off to them, if I can help them by not parking in there, then I will do just that. Every, single, time! With NO exceptions. None….like EVER. No!

    I wouldn't worry about your fine or your driving points. 'Do your time'. I think you got off lightly. I personally feel this should be a major offence. (if you cant tell)

    I think you need to be focused on the moral & societal reasons why parking in a disabled spot is bad. That is where the real life lesson here is.

    If you really wanted to understand, then spend a day or more with a family who has a disabled child and see the struggles they go through and I am certain you will never do that again. (from showering, to brushing teeth, getting ready each day, going out, parking, holidays, clothes, getting dressed, gawd…the list goes on….We are so lucky to be able bodied that we don't realise the burden)

    You seem like a decent enough person by putting yourself out there.

    Hope my comment has helped, certainly not attacking you in any way at all.

    Therefore, I believe your options are (to answer your question from your post):

    1) Pay the fine.
    2) If you cop a demerit point then LIVE with it and think yourself lucky that you are not disabled.
    3) Really think about the life of a disabled person/family and next time, dont ever do it again.
    4) Become an ambassador for 'not parking in disabled spots'. I was in a car once and the driver parked in a disabled spot. Everyone thought it was funny/cool. I had major moral problems with it and wouldn't leave the car and insisted that they move the car. A very heated argument followed and they moved the car. Since then it has been a big no-no for me.

    All the best.

    • +2

      Good thing you're not writing the law.

      • +1

        I agree :)

        • +1

          No worries mate, I missed writing in my OP… Obviously I should have written it when I posted, but I actually drove the street twice up and down with no street parking in sight. Obviously it's no excuses here, but I didn't take the spot on first go.

          I'm happy that loads have read my original post so they don't do what I did and also read through posts in this thread to understand what the disabled go through

          Happy to write my exact thought process if anyone wishes to read… again, don't do what I did

          • Drove past the restaurant, didn't find street parking.
          • Drove all the way to the roundabout 500m ahead and did a U-ey, still no parking on either side of the street.
          • Empty disabled spot opposite the restaurant.
          • Checked that it was Sunday night at 6:53pm, so surely there wasn't a council ranger doing the rounds (had pre-ordered over the phone, so knew it wouldn't be longer than 3-4 mins to pick it up)
          • Collected food and got back to the car at 6:57pm.
          • Drove 100m and then realized there was a piece of paper flapping through the wiper. Thought, ahh f**k, there goes $100.
          • Stopped the car on the way back to mates place to pickup the ticket, turns out it was $561 (ouch).
          • Knew I had no case to argue and I had to pay up for my lapse in judgement.
          • Googled the offence number and it said I will cop a demerit point on top as well as per offence 83517.
          • Put the appeal up to SDRO since I have a Clean Driving Record.

          Here we are.

  • Good luck with that. SDRO/RMS don't care about the circumstances.

    I was in a very tight driving path in a car park with a dead end. You had to do a three-point turn to get out. I turned earlier before the dead-end, into a disabled parking spot and let other drivers pass me, so I can turn out and leave. You can't turn out while other cars are driving the other direction because of how narrow this car park was. A ranger was waiting around the corner and stopped me before I could turn out. Got slapped with a fine that couldn't be appealed. My car wasn't even in PARK and was only there for less than a minute. This was 6 years ago.

    • That's very unfortunate and obviously a scam by the council to get you and your money.

  • +1

    Sure, no doubts about fine or paying it, but bloody hell those fines are excessive!! I'm on a pension and qualify for disabled parking, but don't have one. I definitely make mistakes too, but a $500+ fine is crazy. City Life I presume…. Glad I'm in rural Tasmania where there is little traffic and no serious parking issues.

    And what about those 5min parking zones! Who can do anything in any shop in that time? I think the system isn't exactly fair.

  • $561 is steep

  • I have a legitimate disability parking permit and all my limbs are working fine (and I appear to be able bodied). With my tag in plain sight I still get abuse from time to time about the spot being reserved for people who actually "deserve it"

    Disabled or not - many are just 'entitled to be offended'

    • Join the club mate. Had my permit since 2010 for other reasons other than walking with a limp limp. Copped the odd look. One fellow said 'why are you parked there. You aren't limping?' Told him if stupidity was on the list for a permit he would be first in the queue. Now I do limp after stuffing my ankle in 2015. No more abuse.

  • A disabled spot is the stupidest place to park (without a permit). You could even park your car in a no stopping zone with half the risk ($270 iirc)

    • Agreed. Not really smart to do either, but what I did was obviously wrong.

  • If you lost a demerit point, when you go to renew your licence you may not get 1/2 price so that is a positive. I got hit with a $180 fine for parking in the wrong direction of traffic, I parked that way because it was easier to park into, I wasn't aware of that law.

  • This is our best model, the Cougar 9000. It's the Rolls-Royce of wheelchairs. This is like… you're almost glad to be handicapped!

  • So… I've been overseas for approximately 3 weeks and returned yesterday. Open my mail today and I receive a letter from the RMS stating I will incur a Demerit Point for my offence despite Revenue NSW saying otherwise in their letter to me.

    Who do I believe??

    • RMS.
      Police and Revenue NSW cannot alter the fine or demerit point amounts of an offence, nor are they liable if they give incorrect information.

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