Unfair Melbourne City Parking Fine - What Can I Do?

gozyla86 on 19/09/2019 - 15:49
Last edited 22/09/2019 - 01:33 by 1 other user

Hi all,

Long story short, 2 months ago I received the fined ticket, $84, for parking without pay inner Melbourne CBD. But I paid it via PayStay app and have record showed that I paid for my parking at 9:22, while the time on the ticket was 9:23, only 1-minute difference.

I disputed and they rejected it today. They stated "Our records show that your parking session was started after the officer began issuing the fine"

Should I just swallow? Worth to go to court? Any payment relating if I take it to court?

Thank you

Edit 1: Well, I don't know why everybody here thinks everything being asked are fishy. Long story as requested then. I always park in that area 3-4 times a week. Always pay via Paystay app. I always park in the middle of the street rather than next to the walking path. That day, after stop and out of the car, I saw an opening in the traffic so I rushed toward the walking path. And then while continue walked toward my destination, I opened the app and placed a payment. I was not look back after crossing the street? So tell me is there anything fishy now?

Edit 2: I went to Virgin Bourke Street 3-4 times a week, morning. I always park near Exhibition x Lonsdale street, middle parking lane. So there is no way I can see the inspector while I am in the middle of my exercise inside the gym. Have records show the history of 2-3 months back.

Edit 3: After some helpful comment below, I looked at the fine and this is the details on it:
- Issue Time: 9:23
- Offence Time: 9:23
- Offence - Parked - Fail to pay a fee and obey instruction sign/meter/tickets. Road Safety Road Rule 2017 - Meter Expired.

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    gozyla86 on 22/09/2019 - 01:38

    +1

    Offence time: 9:23
    Issue time: 9:23

    Paid time on the receipt: 9:22

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  Lurkermclurkerson on 20/09/2019 - 14:22

  +1

  In a past life I worked for City of Melbourne. I can’t give you any legal advice but I took these types of queries all day.

  Are you able to answer these questions
  -what is the offence listed on the ticket? (why did you get the fine?)
  -what is the offence time?
  -what is the ticket issue time?

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    gozyla86 on 22/09/2019 - 01:38

    Offence time: 9:23
    Issue time: 9:23

    Paid time on the receipt: 9:22
    Fault: Offence - Parked - Fail to pay a fee and obey instruction sign/meter/tickets. Road Safety Road Rule 2017 - Meter Expired.

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  kanter on 20/09/2019 - 16:43

  +2

  "I always park near Exhibition x Lonsdale street, middle parking lane"

  Those parking bays have sensors in the ground, so they know exactly what time you parked.

  If you want to challenge the fine, ask them what time you actually stopped the car in the bay, they will know. So before you challenge it, make sure that your story adds up, because they know exactly when you parked.

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  oyster on 20/09/2019 - 17:25

  +8

  Years ago, I got a fine in the City of Melbourne for not having put money in the meter. I had parked after 6:30pm, but when I got back to the car, I had a fine, and realised the sign now said metered parking until 7:30pm (since the last time I looked at it). So yes, I was in the wrong; my responsibility to check the sign every single time, even if I parked there every day.

  I thought I'd appeal anyway and ask for leniency. As part of this, I asked when the sign was changed. They wrote back and stated it had been changed that day, and rejected my appeal.

  I called the council. Some woman said to me, "It's not as if we sent inspectors out to specifically fine people." I was young and too upset to argue, but after I hung up, I thought, no.. hang on… that's exactly what you did- because the inspectors wouldn't have normally been working there after 6:30pm. They literally changed the sign that day and had inspectors on after 6:30pm.

  I looked at the council member profiles, saw that one of the deputy lord mayor's interests was city planning. I wrote to him, telling him this was ridiculous, that they were deliberately out to catch locals by sending people out the DAY the sign was changed to fine people, that it was not in the spirit of Melbourne, and asked what the processes were to introduce a grace period. (Hey, I was young. I think I was 19.)

  They wrote to me and rescinded my fine. They said it was "issued in error". Well, not that reassuring that a fine "issued in error" isn't picked up in the appeal process, but I guess, second, informal appeal for the win.

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  kaleidoscope on 21/09/2019 - 09:21

  If what you say is true, contest it. Make sure you have more proof i.e. your records of previous parking events around the same time, if you got dash cam footage , a record history from the place you’re visiting (virgin active might have entry logs if you use an access card …)

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  burningrage on 21/09/2019 - 10:12

  +3

  Typing this on the phone.

  Ask the officer what time did the Google Mapping system (for the understreet sensor) recorded your entry time.

  If your entry time is somewhere between 9:17 to 9:22, contest the fine on the ground of failure to provide 5 minutes grace which is mandated. I know this is from a Traffic Infringement officer. The 5 minutes grace is to allow purchase of ticket.

  If they say you started the session say 8:30 or 9:00, then you may be a victim of a well documented flaw of the Google Mapping system. Someone exits and you enter the spot but the clock in Google hasn't reset so it is thinking you parked much earlier than the reality. Contest the fine if this is the case.

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    I3IGN0sE on 22/09/2019 - 06:31

    Think you have the correct course of action here just wanted to say it out loud

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  ywpn on 21/09/2019 - 10:41

  +2

  You're all giving the PayStay app too much credit to think you can pay for parking in less than a minute with it.

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  w3b3d1g1 on 21/09/2019 - 21:12

  Go to court. You'll get off easy.

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  Eeples on 02/10/2019 - 11:47

  Do you have a dash cam?
  It would time stamp your parking.

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