Question on Parking Fine

[Deactivated] on 17/10/2019 - 15:10
Last edited 17/10/2019 - 15:11

Hey all,

Just wanted to see if anyone had a similar experience and what my expected outcome would be in this case. I'll keep it as short and sweet as I can.

The other day I parked in a clearway zone to run up to work and get the parking tag to park my car for the day. I was half asleep so I read the signs wrong and was unfortunate enough to get fined by a copper in that 5 minute period. My fault, I should have read the signs better, but it was unintentional, yet I understand ignorance is not an excuse.

When I went to pay the fine online I realised that the officer put the wrong offence code as the fine comes up for 'Pass/overtake vehicle at pedestrian/childrens crossing-motor vehicle' with a $457 fine and 3 demerit points. I have obviously appealed this and am awaiting a reply.

Some further things I noticed.
Fine says this was on a Wednesday when it was a Tuesday
The short title of the offence says 6:10 am when it was 6:45 am(has 6:45am correctly near the top of the fine)
The fine was not signed by the officer - not sure if it has to be?

I am curious if someone has been in a similar situation and what their outcome was?
Also curious to think what people think the outcome will be here. Will they just reissue the fine or possibly just scrap it altogether?

Thanks for the input.

Fine(bit hard to read) - https://imgur.com/cDPBcxD

Automotive

Comments

  • chumlee on 17/10/2019 - 15:17
    +8

    Most likely they will withdraw it and reissue with correct details

    • [Deactivated] on 17/10/2019 - 15:18

      Yeah I am kind of thinking that's what will happen.

    • bobbified on 17/10/2019 - 15:24
      +3

      In that case, I wouldn't be mentioning in the appeal letter what the correct offence/time details were.

      By the time a response is provided, the cop probably wont even remember what that ticket was for.

      Might need to fight it in court to get off it completely though.

      • [Deactivated] on 17/10/2019 - 15:26
        +6

        I did it online. It does have the correct time up the top of the fine. Just the description time is off. I won't bother going to court as I was in the wrong. More than anything just don't want to pay more than I have too and certainly not accrue 3 demerit points.

        • bobbified on 17/10/2019 - 15:28
          +1

          It'd be interesting to see what would happen if, in court, you whipped out a solid alibi for Wednesday at 6:10 or 6:45.

          Also, spelling mistakes etc are probably acceptable, but I cant see how they can record a completely different charge. There might be implications (such as insurance) since one is a "moving offence" and the other is a parking offence.

          • [Deactivated] on 17/10/2019 - 15:33

            @bobbified: I'll definitely have one as my work card would track when I punched in and also security cameras all around. But, yeah won't be doing that.

            The officer looked pretty young. Probably a rookie still. Not sure how he screwed it up so much, though.

            I'll make sure to post the outcome when it's resolved.

            • bobbified on 17/10/2019 - 15:37

              @[Deactivated]:

              I'll make sure to post the outcome when it's resolved.

              Thanks - it's always good to hear back.

              I sometimes wonder whether cops do these things on purpose to give people an "out". But I only think that because I like to give the cops the benefit of the doubt rather than assume they're really that stupid! haha

              • [Deactivated] on 17/10/2019 - 15:52
                +1

                @bobbified: Haha, that would be nice. It happened in a 4-5 minute window. Really unfortunate to get caught. That may look bad on their record, though. I think he was a rookie, so probably just a stuff-up on his part.

            • Seraphin7 on 17/10/2019 - 16:18
              +5

              @[Deactivated]: The bit at the bottom is saying "6 - 10am", not "6.10am".

              • [Deactivated] on 17/10/2019 - 16:19

                @Seraphin7: Oh yeah. That makes sense. You're right.

  • askme69 on 17/10/2019 - 15:22
    +1

    Yeah, it will be reissued as too many things wrong to amend.

  • [Deactivated] on 17/10/2019 - 15:48
    -3

    Can you get video of your car elsewhere at the stated time? Is there a childrens/pedestrian crossing at the location?

    • [Deactivated] on 17/10/2019 - 15:50
      +2

      I don't think so. But I'm not really trying to avoid the fine because I did do the wrong thing, just don't want to be fined for the wrong thing. In saying that, I won't argue if they were to just drop it altogether.

      • [Deactivated] on 17/10/2019 - 15:56

        I think if you lead them to their error they will realise and reissue it. If you take it to court in its original state there's a better chance of getting it thrown out due to errors.

        • [Deactivated] on 17/10/2019 - 16:00

          I was thinking that may be the case too. For $268 though I don't think it's worth the hassle. Plus I was in the wrong.

          • [Deactivated] on 17/10/2019 - 16:02
            -1

            @[Deactivated]: Victoria has GPS in every police car. Presumably NSW, too. It would be fun if you could request that data live in court.

            • [Deactivated] on 17/10/2019 - 16:17

              @[Deactivated]: Just remembered he also notified me I was being video recorded. So I wonder how that all plays into the equation.

          • [Deactivated] on 17/10/2019 - 18:21

            @[Deactivated]: You weren't the only one who did the wrong thing. An incompetent copper screwed up as well.

            • [Deactivated] on 17/10/2019 - 19:10

              @[Deactivated]: True. Hopefully two wrongs makes us even and they just drop it lol.

  • boomramada on 17/10/2019 - 15:53
    +1

    I was half asleep

    Look like COP was more than half a sleep, cop even stuff up the offence number with date at the end as well.

    • [Deactivated] on 17/10/2019 - 15:58

      Hahaha, yeah he butchered it.

  • tsunamisurfer on 17/10/2019 - 16:15
    -7

    Am I the only one that hopes the OP gets issued a parking fine as well as a "Pass/overtake vehicle at pedestrian/childrens crossing-motor vehicle' fine?

    • [Deactivated] on 17/10/2019 - 16:18
      +5

      I would hope so. Why would you want that?

    • spaceflight on 18/10/2019 - 21:25

      How could you get a fine for both of those things for the same time and same day?

  • 69 dollar dealz on 17/10/2019 - 16:29
    +2

    OP DON'T DO ANYTHING YET!

    Wait until the fine is digitised and you get a notice/option to pay/review online.

    This happened to my GF once. Parked in a parking spot that is a school bus stop between 3-5pm. Stayed in the park to long and got a fine.

    The offence was described correctly however when the fine was made available online (to pay/appeal etc) the offence code was described as "Parking in bus stop in a school zone". The stop was not in a school zone but rather was a stop for school buses only outside of a school zone.

    Anyway, waited until the end of the period for review and made my case through myPenalty and the penalty notice was withdrawn not to be re-issued.

    I may be wrong but they only have a short period to re-issue after review because the limitation period on issuing a penalty notice after an offence has occurred is very short - either 3 or 6 months IIRC - and the review process will eat most of that period up.

    • [Deactivated] on 17/10/2019 - 16:35

      Thanks for the info. But unfortunately I already submitted it for review. I went to pay it the next day and it was already available to be paid. I went through the SDRO website. How long ago was this fine your GF was given? Maybe things have changed since then. I knew I should have come on OzB first, lol.

      • 69 dollar dealz on 17/10/2019 - 16:36

        About 1-year ago

        • [Deactivated] on 17/10/2019 - 16:41

          I'll keep that in mind next time unscrew up :). Cheers.

          • boomramada on 17/10/2019 - 17:25
            +1

            @[Deactivated]: You don't follow the typical Ozb protocol, always ask Ozb first lol

            • [Deactivated] on 17/10/2019 - 17:37

              @boomramada: Hahah I know, right! Looks like I've learnt several lessons this week.

    • davidem on 18/10/2019 - 11:23
      -1

      6 months

  • mt7mta on 17/10/2019 - 19:49
    +1

    It'll probably get corrected to the right offence on appeal. It could get withdrawn completely, but it's unlikely.

    The correct offence code is 82682, so he's just got a couple of the numbers mixed up (in addition to writing the wrong day).

    • [Deactivated] on 17/10/2019 - 20:31

      Yeah I don't think so either, but I'll hope for the best. Thanks for the proper code.

  • Tee Rex Arms on 17/10/2019 - 22:29

    Withdraw. Re-issue. Pay it as you are in the wrong.

    • [Deactivated] on 17/10/2019 - 22:42

      It seems that's what's going to happen. I've got no problem paying it, I screwed up. But, I'll remain hopeful I'll get lucky and it may get waived, doubt it.

  • cheeseandbacon on 17/10/2019 - 22:30

    Edit: Already mentioned by Seraphin7 above.

    The short title of the offence is correct.

    It actually lists the times that the clearway was in operation.

    "Stop in clearway 6-10am monday-friday"

    hyphen, not colon.

    • [Deactivated] on 17/10/2019 - 22:40
      +2

      Yep. I'm a dumbarse. Just focused on the time instead of the whole line which would have made it obvious.

  • farknos on 18/10/2019 - 10:34
    +1

    looks like the cop was half asleep as well.

  • OzHunterNSW on 18/10/2019 - 13:21
    -2

    Sounds even fraudulent…..

    Don't pay…. everything is wrong with it - offence, date, no signature.

    It would not hold up in court — and remember you can represent yourself.

    You don't need a lawyer. You can access free legal advice and get opinions… but represent yourself.

    The ticket is not worth the paper it is printed on.

    The Judge would simply throw out the case.

    • [Deactivated] on 18/10/2019 - 14:34

      Nah definitely not paying for the wrong offence. I have already submitted and appeal. Waiting to hear back.

  • HeWhoKnows on 18/10/2019 - 17:10

    The fine comes up for 'Pass/overtake vehicle at pedestrian/childrens crossing-motor vehicle' with a $457 fine and 3 demerit points

    This is all that counts.
    Never mind what else you were or were not doing or guilty of at the time.

    The fact is you were parked and not even in your car when this occurred.
    As other people have said dont say anything about the clearway.
    You were not booked for that offense.

    I assume you have witnesses to say you were inside the building picking up a parking tag at the time of the offense?

    I also assume you are not guilty of the stated offense before you stopped to park….Are you sure????

    Just get 2 or 3 of your work collegues to say this in thier own words and you get off the incorrect fine.
    Never mind what else you were doing. Its not relevent!

    • [Deactivated] on 18/10/2019 - 17:15

      I have appealed it already online so I may have jumped the gun on that one. Plus if you look at the fine it has the description of the clearway offence. Someone mentioned the offence code was entered incorrectly by the officer mixing 2 numbers up. I do have one witness from work who can say I was getting the parking tag. But I think as others mentioned, most likely it will be reissued with the correct offence. Hopefully what you said still applies and they just wave the fine for being incorrect. Time will tell.

      • HeWhoKnows on 18/10/2019 - 17:17
        +1

        Yes , I think the code is just for statistical purposes.
        So if the written description and the fine amount is correct I agree.
        But better to be fines for illegal parking then copping 3 demirit points for something you didnt do.
        Good luck

  • [Deactivated] on 29/11/2019 - 12:48

    As suspected I got an email back saying I will still wear the fine. They sent me the fine via email a few days ago with just a penalty reference which now has the correct details - oh well. Thanks everyone for your input.

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