City of Melbourne Parking Fine - Should I Go to Court?

LRincewind on 28/09/2021 - 17:34
Last edited 28/09/2021 - 19:06 by 1 other user

During the lockdown our permit parking area was temporarily changed to reserve parking . On the very night they changed the signs I had gone out on a grocery run and parked across the road from where I usually park. The updated sign was not visible in the dark when I parked and two days later when I went for groceries again I saw a ticket issued.

I now need advice, will I have any luck if I go to court? I had appealed to the city and that has been rejected. Should I risk going to court? There is an additional $80 if I lose in court. And potentially if I win in court can I claim compensation for time wasted and loss of salary.

Word of advice from the wise please.

Poll Options expired

  • 37
    You will lose for sure
  • 2
    You will win for sure
  • 6
    Depends on the mood of the Magistrate
Automotive

Comments

  • Hithere on 28/09/2021 - 17:44
    +10

    You are asking for advise, I can only offer advice.

    Pay the fine and move on.

    • Muzeeb on 28/09/2021 - 17:53
      +4

      So your only advice is to advise that your advice is not advisable?

      • Hithere on 28/09/2021 - 18:52
        +2

        I would advise that my advice, of which I already advised OP of, could be adviseable advice.

        • Muzeeb on 28/09/2021 - 19:05
          +4

          That makes sense. Cheers

    • Entheogen on 29/09/2021 - 07:56

      You are asking for advise, I can only offer advice.

      I will advise you to Pay the fine and move on.

  • burningrage on 28/09/2021 - 17:44

    So looks like they had a grace period. That makes it hard for you to argue for leniency.

  • Bafranz on 28/09/2021 - 17:47

    What's your parking fine history like? Also obligatory make and model of car please..

  • Jimothy Wongingtons on 28/09/2021 - 17:50
    +2

    Go with classic The Castle defence:

    ‘ “It's the vibe of it. It's the Constitution. It's Mabo. It's justice. It's law. It's the vibe and ah, no that's it.’

    • poboy on 28/09/2021 - 18:11
      +2

      Followed up hastily with 'And I'm a good Christian'.

  • SF3 on 28/09/2021 - 18:19
    +1

    No pain, no learning.

  • markathome on 28/09/2021 - 18:45
    +1

    Give your councillor a call. See what they can do. It's a bit crazy they rejected the internal appeal. You might struggle to win in court.

  • pharkurnell on 28/09/2021 - 19:28
    +4

    compensation? LOL

  • Rincewind on 28/09/2021 - 20:13
    -2

    To add more details .
    I didn't step out of my house due to covid lockdown and i moved my car the moment i saw the ticket .
    https://files.ozbargain.com.au/upload/384061/91439/pxl_20210…

    This is how they had changed signs and there were no barriers in place as there was no construction on the road for which they had actually changed the parking temporarily to permit.

    I was not the only one to get the tickets there were many cars parked similarly and i would argue that the updated signs were not clearly demarcated.

    I saw at least 3 other cars with tickets and some were still parked for few more days before the owners realized they had tickets.
    I had literally parked the car on the left before going for groceries and then switched to the right when i returned as i didn't want to bother talking a u-turn in the dark.

  • pegaxs on 28/09/2021 - 20:41
    -1

    Just write a letter and tell them what you told us. Worst is they will deny it (100% they will deny it it, becuse that is default stance.) and you have the option to go to court or pay the fine.

    • mickyb80 on 28/09/2021 - 21:11

      "I had appealed to the city and that has been rejected."
      I'd say OP has already given that method a crack…

  • mickyb80 on 28/09/2021 - 21:17

    OP, you have the option to go to court if you wish.
    Chances of you getting off are slim id say, but it is up to you.
    If out of principal, then your best hope will be to pray for a lenient magistrate.

    Note, if the course thinks you have wasted their time, they have the power to change the infringement terms (e.g. increase the fine value).
    They may reduce the $80, but I'd imagine it's more likely they will drop the fine as it's a low value, yet, chances of that happening, as mentioned is unlikely.
    You may also end up with court costs being added, along with other charges (values).

    Good luck!

  • [Deactivated] on 29/09/2021 - 00:12
    +1

    Sure, should take it all the way to the High Court.

  • Melb69 on 29/09/2021 - 06:31

    @Rincewind I think it would be hard to argue your case in court unless you maybe had days of security footage from when the sign up and till you parked the car at night and then to the issue of fine. This footage would then suggest you mistakenly parked there as you say not seeing the sign at night if per say they put the change up say the day before. Not giving you time to notice it had changed. Don't think it's worth it for an extra $80 to go to court as it's time wasted and potential court costs. I just factor in at least 2 or 3 $86 tickets a year. So say $250 PA. If you haven't had fines for ages it evens out to very little over the life of your driving. To put the fine in perspective. Just annoying to get fines I know. For whatever reason things happen. We are all busy and don't see signs or go over parking limits. Not worth the hassle even though you may feel a bit unjustified. You wrote a letter and was rejected. Note the ppl that requested the spaces had to pay for them, so they would have called council as they would have needed it for access. Look at it from the reserve holder's point of view if you booked them to use for your reno or allow removalists truck etc . They cost $160 for first bay, $80 for extra bay per dday. So $320 per day for 3 bays

  • Tiredman on 29/09/2021 - 12:28

    Depends on how much your time is worth.

  • Baysew on 29/09/2021 - 12:55

    What was the reason the council gave in declining your review? (And what and why was there a change to the parking signs?)

  • Big Lenny on 29/09/2021 - 14:33

    claim loss of salary

    lol

  • Seaword on 29/09/2021 - 16:19

    Doesn't help, but City of Melbourne are (profanity).

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