Parking Fines in 1/2 P Area

Hi, guys, I need some advice on a recent parking fine that I received from the council.

The entire street in from of my house is 1/2 P from 8 am to 6 pm, Mon-Fri. The house I live in is a back unit, so there is no space to park outside my house so I have no option but to park on the street. Now given that VIC is in lockdown due to COVID, the entire street is packed with cars as everyone is working from home. I received a fine today for parking longer than allowed. Previously, I have tried to apply for a parking permit but the council refused the permit. I have written an email to the council explaining this and requesting a review but what are the chances the council will sympathize with this?

Is there anything else I can do, other than keep paying a $90/day fine?

Comments

  • +1

    Something kinda similar happened to a friend of mine where he actually had his parking ticket overturned…

    He had basically moved to new neighbourhood which too had parked restrictions similar to yours,
    The only difference was that right after he received a parking ticket, he applied for a parking permit which he got quite easily…
    He then basically rang the council telling them that he already has a permit, they then without any hesitation cancelled the parking ticket.

    • +2

      Hi mate, took your advice and applied for a permit through my PM. After receiving the permit, requested a review of the fine and they withdrew it. Thank you for not being an overzealous keyboard warrior and actually being helpful. Cheers!

      • +2

        Mate, I am just so glad that they rescinded the parking ticket…
        Take care brother

  • +2

    If it's not overturned by the council you can request to have it reviewed by Vic roads, and take it to court.
    Under the circumstances, I'd consider that a magistrate would let you off. I cant see why a sane, understanding and human judge wouldn't let this one go.
    You don't need to attend, you can apply via written plead.

    As for a long term solution - you will prob need to find somewhere else to park.

    • In case the council doesn't cancel the fine, should I call VicRoads or is there an email/ online form?

      • +1

        It should come on the reminder.
        But I'd call VicRoads, record (pen and paper) the person you speak with, time, date etc. and advise that you have requested a review by the council.
        It will only end up with VicRoads if it's not paid and the council seek recovery action for the fine value and the likes.
        (I think that's the process, but it may have changed)… So check when you call them. They will ask for the infringement number - it will be on the fine.

    • I wouldn't waste time taking it to court, same thing happened to my friend who lives in Hawthorn last year, same circumstance, units on a block, no room for car and parked on a street which was 1P, got fined, explained to council and asked for a permit, council said no as new units the developer must supply parking and any building constructed after 2011 (I think) cannot apply for a permit. Took it to court, judge ruled in favour of council.. don't take it to court just pay the fine and don't park in street again

      • Gezzz dammed if you do dammed if you dont.

        Developer should provide the parking, but clearly they didnt and the council approved the development.

  • +9

    You could:
    * park in another street that doesn’t have a limit.
    * get rid of your car
    * move.

    There are reasons why it’s 1/2P and outside of COVID, I’m sure the reasons are clear and you’d be complaining as a resident that there’s no restrictions. You can’t have both.

  • +1

    Until you sort out the ticket and permit I’d suggest parking somewhere else. Might mean a bit of a walk to the car, but it’ll should be a lot cheaper than $90/day

  • +2

    What was the reason your parking permit application was denied?

    • +5

      Many councils in greater Melbourne don’t allow permits for multi dwelling residential developments that were built after 2006, or just any unit/apartment type development full stop.

      It’s to discourage developers from only providing the minimum number of car parks as per the planning scheme, but usually gets approved by VCAT anyway.

    • Pretty generic letter: We issue parking permits very carefully and your application was not successful. Nothing relevant to my specific situation.

  • +6

    1/2P sounds a very short restriction if it's a residential street. Something is not adding up to what OP is saying about the situation.

    Eg. is it a commercial area and your unit is on top of a shop or back of shop?

    In most cases in the height of Covid, many Councils did not enforce restrictions where that parking wasn't critical, eg. on residential streets or non-critical off-street car parking lots. It may still be the case for the current lock down.

    However, again, being 1/2P, that kind of restriction is generally used to support businesses (eg. encourage turn over) so they may take a hard line about enforcing it to ensure that the businesses or other uses in the area have a fair chance for their visitors/customers to park. Many businesses are suffering now so Council support for that quick 'click and collect' or 'pick up' parking is important to support them.

    I suspect the OP is not presenting the full picture of the location or reason for the 1/2P, or indeed the living condition. If it's (as example) a shop top or back of house unit, then Councils will not give parking permits for these places as they are often provided without on-site car parking. That is, if the site is not going to bother to provide on-site parking, why should Council and the rate payer have to pay for that owner/renter to park.

    • +2

      1/2P sounds a very short restriction if it's a residential street. Something is not adding up to what OP is saying about the situation.

      Spot on.

      Or near a station.

      Basically there is something nearby that is attracting a lot of visitors (outside of lockdowns). My guess is OP likes the restrictions outside of covid when they go to work during the day, but now that it’s impacting them, “it’s wrong”.

      That is, if the site is not going to bother to provide on-site parking, why should Council and the rate payer have to pay for that owner/renter to park.

      I wish I could like your reply twice. Spot on again.

      • Basically there is something nearby that is attracting a lot of visitors (outside of lockdowns). My guess is OP likes the restrictions outside of covid when they go to work during the day, but now that it’s impacting them, “it’s wrong”.

        Generally between 8 am - 6 pm Mon - Fri I would be at work so I won't park there anyway.

        • So as I said, outside of lockdown, it works fine for you. You only have an issue because it’s inconvenient for you now.

          Out of curiosity, were the restrictions there when you moved in?

    • Hi, actually the street is Bettina Street, Clayton VIC. You can see it on Google Maps. There is nothing like that, no shops or anything like that at all! No stations either. The 1/2 P seems completely arbitrary.

      • +4

        Maybe to prevent Monash students from parking in the local streets? It's only a ten minute walk to campus from your street.

        • That's it. All the streets in the vicinity of the campus have parking restrictions. The campus is huge and poorly connected to public transport. It's been a long time since I went there, but the number of car parking spaces was always inadequate and over priced for students.

          The Victorian state government is planning to build a $50 billion underground railway line that passes under the main Monash University campus. Being underground you would think they would arrange to have the station exit close to the centre of the very large campus, but no, it will be off campus, about 10 minutes walk from the centre.

      • I drive around that area quite often. I do note that there have been a large number of construction worker vehicles parked on the other side of Blackburn road from your street due to the nearby under construction Victoria Heart hospital.

        I wonder if the 1/2 P restrictions were put in place following consultation with residents to make sure the construction workers don't park in your street.

        Could also be introduced during the construction of the nearby M-City.

        • +3

          Na, due to Monash University so close by. They have always had parking restrictions there..

      • lol
        I know that whole block pretty well. I own a property on Bettina and Arnott street.
        There is no unlimited parking on that whole residential square..

        But I have seen some people park on nature strips regularly, can you not do that ?

        • You will also get fined for parking on nature strip.

          • @redforever: Yeah I am aware of that rule but I have noticed some certain vehicles parked on it almost every time that I drive past that block of Clayton

            I reckon they keep doing it because they haven’t received any fines yet ?

          • +1

            @redforever:

            You will also get fined for parking on nature strip.

            Most people here already know that it's illegal to park on the nature strip. My friend lives in the same council, his neighbour kept parking on the nature strip in front of his place, I suggested to dob them in until we found this bit of info which shocked me, first time I've seen this:

            Parking on Nature Strips

            It is an offence to park on a nature strip.

            Council uses its discretion not to enforce this road rule if a person parks on the nature strip next to their own home, if the vehicle does not present a safety issue or cause a hazard to other road users. Council also requires that the nature strip is not damaged. Residents who choose to park on a nature strip are always at risk of being fined by police.

            https://www.monash.vic.gov.au/About-Us/Parking-Transport/Res...

            With that said, I wouldn't recommend OP doing this.

      • Ah that street brings back memories. My mate was in a share house there when we studied at Monash in the late 90s. We used to rock the joint with Brit pop parties. I’m feeling old now.

  • Whoops, meant to direct reply.

  • +1

    Do you not have a car space? Each unit should be allocated an off street parking space

    • Bet they don’t allow for units with multiple vehicle-owning occupants.

    • -1

      There is, but it is rented out. I live in a share house so other units have already rented out all the spaces.

      • +7

        There you have it, why you got the council rejection when you applied for a parking permit, when you got your own car space, but chose to rent it out.

      • +5

        You would have been provided with a car space, which is now being rented out. Pay the fine and move on. Find a park in an all day spot near by would be my tip if you don't want to keep moving your car.

      • +5

        Dind ding ding, i love when the OP never puts this vital information in the post to begin with, knowing they have no case.

        • It's all about asking the right question. Most of these traffic infringement ones are OP's just trying to get away with a fine which was justified by the Authority. I've had enough of them over the years. This one could have been avoided. If you parked over the limit. You need to suck it up. and move on.

          • -2

            @Melb69: There literally isn't a space to park. The entire road is 1/2 P. Unless they want to me to move my car every 1/2 hr on weekdays, there isn't nothing I can do to avoid it. The main road is no stopping. And all other side lanes are 1/2 P. Also I haven't rented it out to someone else as a side business. My landlady has this rented out. I was happy to pay extra to rent it. But there wasn't a spot available.

            • +2

              @guavatemporary:

              Unless they want to me to move my car every 1/2 hr on weekdays

              Yes, that's literally the point of 1⁄2P restrictions.

            • @guavatemporary:

              My landlady has this rented out. I was happy to pay extra to rent it. But there wasn't a spot available.

              Another vital piece of information.

              Perhaps relocate in that case…

            • @guavatemporary: 1.You knew that there was no parking spot available when you rented it. Which meant you had to park in street if you weren't driving to work.
              2. You knew when you parked in the street that it was 1/2hr parking and didn't move your car.

              Appreciate you say there isn't much all day parking near by, but you either move your car out in the required time or park it elsewhere where you don't have to move it all the time.

              It's not like you didn't know your circumstances. You read the sign right?

  • I would park it in councils car park, if you can't park at home. Under would be cheaper than 90$ each day and less hassle.

    ‐————
    I just saw the space was rented out.

  • +1

    Maybe just up the renting price of your own park to $91 a day and you’ll still turn a profit.

    • "I" haven't rented it out to someone else. My landlady has this rented out. All the spots were taken basically by the time I moved in. I was more than happy to pay extra to park inside but it just wasn't available.

      • +4

        So you rented a room that didn’t guarantee an off street car park, in a street that had 1/2P, and are unhappy with the arrangements you have agreed to?

        Begs the question, why did you agree to this arrangement?

        • -2

          Actually, I did ask them regarding that, they said it is 1/2 P but the council generally hasn't cared about it. Secondly, I had misunderstood the parking situation and was parking in someone else's parking spot for a while and I obviously wasn't violating the 1/2P rule for the most part anyway as I would be at work between 8 am - 6 pm so I tried to apply for a permit for "just in case" which was refused but beyond that, I couldn't have predicted it.

          • +2

            @guavatemporary: Of course they told you council didn’t care - they wanted you to rent the room. Why would council put up restrictions if they didn’t care?

            And yes you could have predicted it - because you’re expecting to park in a 1/2P space for more than 30 mins.

            This is a good lesson for the next time you rent a room - check the parking restrictions and contact council about the possibility of a permit before signing a lease.

            • @jjjaar:

              This is a good lesson for the next time you rent a room - check the parking restrictions and contact the council about the possibility of a permit before signing a lease.

              I suppose you're right. Luckily for me, my lease ends soon so I don't have any choice but to move out. Till then I will keep moving the car every 1/2 hr on a timer. Any chance I will be able to purchase a permit? On the website, additional permits are available for $150. Do you think I will qualify for that?

              • @guavatemporary: Additional permits will only apply to locations that are eligible for them.

                What typically happens is a property that is eligible for any permits will have a max number available to them, depending on where the property is and other factors. A property may be eligible for 1 or 2 permits (3 is rare, but may happen), but will only get the first one as part of their rates. If they are eligible for 2, they can then apply for that second one, and to pay for it each year.

                If you have been told that your property is not eligible for any permits, then the additional permits will not be applicable for you.

                • @jjjaar: Well, in my case there are 2 houses subdivided into 6 so my chances look from slim to 0. They said if it is approved, they will invoice me to get the permit so doesn't hurt to apply.

      • Any chance you can speak to your landlady and ask her to rent the park to you instead?

        • No, as I mentioned previously, there are no available parking areas.

          • @guavatemporary: well my only other option is, i am pretty sure there is a limit to the number of tickets you can accumulate, so when you get one, just leave it on the windscreen and they might just not give you a second one… haha

            • @toshjammi: I will try speaking to the council on Monday, hopefully, I will be able to speak to a reasonable person who can offer a solution! :(

              • +2

                @guavatemporary: These replies are not unreasonable.

                I believe you have been offered multiple solutions but none work for you.

                I suspect the only solution you will accept is one that allows you to park your car on the street.

                Council is not there to troubleshoot your situation. They unfortunately won't be as forthcoming with their use of language as the replies here have been. In short, you were aware of the limitations of the area (either parking restriction, lack of on-site parking availability, you own and operate a car), but still moved in such that you've accepted all the sites limitations.

                Importantly too, you are not a rate payer of the Council so won't have any holdings when it comes to complaining higher in their chain of command.

              • +2

                @guavatemporary: Council tend not to infringe the same vehicle twice in one day. Leaving the infringement on the car does actually work in many cases.

                They'll be aware though and infringe a second time on the next day, and will place the new one on top of the old.

              • +2

                @guavatemporary: You have already spoken to reasonable people at council. You just want someone to give you a free pass.

                Think about this for just a minute. The whole reason the street is 1/2P is because you are in very close proximity to a university. My guess is those restrictions have been there for at least a decade, likely longer.

                Now, back then when they were put in, I’ll bet that parking on that street was absolutely impossible to find. Not only that, I reckon a lot of students would have been parking very close to, if not across driveways, making it difficult for people with off street spaces to actually get in and out of their property.

                Residents would have been calling out for support from council to prevent students from doing this. Students which have ample parking available at the University (albeit expensive, but it’s there).

                Council then provided residents with what they needed in the form of 1/2P.

                Now, many moons later, you have come in, are unhappy with the actual logic behind the restrictions, because you’re negatively inconvenienced as a result of the lack of due diligence you did when you rented this room.

                The council are the reasonable ones here. You are not.

                They deal with people who are not eligible for car parking permits asking for them on a daily basis. They’re not going to budge for you, or Mr Smith two suburbs over.

                The only chance you have is for them to overturn these types of fines during lockdowns, which would probably be a blanket application across all of their permit zones in the whole LGA, and given its only a short lockdown, I don’t like your chances. It’s also not a long term solution. The only long term solutions are to get rid of your car, or move.

            • @toshjammi: I use to think this was true, then a couple years ago a car got left in the paid parking area at Frankston train station, I assume the guy got arrested or the car broke down, but after 4 weeks the car was still there and you could bet every day a parking officer attended and fined that car. After a month I've never seen so many parking fines on a car windscreen lol don't know what happened after maybe council towed it away, but I to thought that u could only get one ticket, but clearly that's not true, or Frankston council play by their own rules

  • Hi all, here is an update as per the conversation with the Monash Council - The lady told me that my house was entitled to 2 free parking permits however they refused me as I was a tenant and not a PM/ Landlord. She told me to ask either of them to apply for a parking permit and then once approved, I can request a waiver of the parking fine. She also said I can park on the nature strip right outside the front units as long as it's tenants didn't complain.

    • She said park on the nature strip? I hope you took her name down. I had some mates lives on Marshall ave (a few blocks from monash) and same situation as you share house with a stand alone house with like 6 rooms full of students. They filled the front yard with cars so he had to park on the nature strip - got fined. But maybe the neighbours complained, the neighbours were always unhappy with the houses being rented out and students, they always left trash everywhere so I don't blame the neighbours

      • Actually, the tenants of that unit have leased it from the same company which has leased out all the 6 units so the property manager suggested that I leave a note in my car, just in case but said she will speak to them and it will be fine.

      • refer to my post above: https://www.ozbargain.com.au/comment/10785649/redir

        They essentially turn a blind eye, but they have no control over cops.

        • Yeah just read your comment, am pretty shocked. Most parking officers on the streets need to fill their quota so this "turn a blind eye", and for a council has me shocked lol. My mate lived in Clayton about 6 years ago maybe they have eased up a bit. Don't think the neighbours will be happy though haha

    • From Vicroads
      Can I park here?
      You are not allowed to park, stop or leave your vehicle:
      double parked
      within an intersection (except on the continuous side of a continuing road of a T-intersection)
      on a freeway (except in an emergency stopping lane)
      fully or partially across a driveway except for 2 minutes to pick up or drop off passengers (there is no defined measurement for parking near a driveway)
      if there is fewer than 3 metres of clear road left for other traffic
      on a footpath, nature strip or reservation (unless the vehicle is a motorcycle or bicycle)
      across a footpath, bicycle path or passageway or footpath ramp, unless a sign allows it
      in a bus, tram or truck lane
      on a curve or crest of a hill outside a built-up area, unless your vehicle is visible for 100 metres from behind, or there is a sign allowing it

      It says nature strip, you could try but it might cost you another $90, and from my experience in Clayton (especially near the block of streets near Monash the neighbours will complain)

      • It says nature strip, you could try but it might cost you another $90, and from my experience in Clayton (especially near the block of streets near Monash the neighbors will complain)

        I asked that lady several times, she said Monash council allows parking on your nature strip. I told her that I didn't have a nature strip as I lived in a back unit, but she said I can park on the nature strip of the front unit as long as they don't complain.

        Edit: Found this on their website - Council uses its discretion not to enforce this road rule if a person parks on the nature strip next to their own home, if the vehicle does not present a safety issue or cause a hazard to other road users.

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