Issued Fine for Parking in No Standing Zone (Missing No-Standing Sign)

no user information on 22/06/2022 - 16:13
Last edited 22/06/2022 - 17:34

Recently been issued a parking infringement of $182 for parking in no-standing zone. I was pretty sure there was no signage of no-standing where i parked, unfortunately no-standing sign has been missing and google images of same spot shows a sign which is now missing.

I applied for a review with council and submitted evidence of old google photos from the spot no-standing sign is now missing, unfortunately it was rejected by council.

Wondering what the possibility of is getting this infringement cancelled if I contest this at Magistrates court. Thanks for your help.

Automotive

closed Comments

  • Xistn on 22/06/2022 - 16:15
    +6

    Wait… so rather than go visit the spot to take photos of no signage, you used google street?!?!

    • no user information on 22/06/2022 - 16:17

      Did both, took photos of actual spot and used google street photo to show sign when it was there.

    • bdl on 22/06/2022 - 17:05

      used mspaint to remove the sign :P

  • spackbace on 22/06/2022 - 16:15
    +6

    If your combined income is anywhere near where it was, is the day in court really worth the $182?

    • no user information on 22/06/2022 - 16:20
      -1

      TBH i wasnt sure if it will take a whole day in court or few hours. Can skip few houts or take long lunch to sort this. Income is not a concern, but why pay for something when I am not at fault.

      • spackbace on 22/06/2022 - 16:21
        +3

        Most of the time these will take most of the day, as you'll need to be there from the start of the day and then wait to be called in, which could be any time

        but why pay for something when I am not at fault.

        If there's a difference between forking out $182, and not getting an income of ~$500 for the day (and not even knowing if you'll win or not), then which makes more sense?

        You're not gonna change the status quo, or give it to the council. They'll send someone who's paid by the hour and won't care that they're sitting around doing nothing. They won't care if they win or lose.

        • no user information on 22/06/2022 - 16:25

          Thanks for insight. Question still remain what are the chances of getting this cancelled. Missing a day off work and spending all day in court is not worth my time.

      • YepYeppers on 22/06/2022 - 18:32

        Could you give an update on your current situation 5 years on from that post, would just be interesting to know!

    • Donaldhump on 22/06/2022 - 17:17

      if combined income was 300k would you even care about this

  • Mr Haj on 22/06/2022 - 16:40
    +7

    Council can't enforce anything if the signage is not present, unless you're breaching a road rule (such as parking within 10m from the corner or in front of a driveway).

  • CrowReally on 22/06/2022 - 16:41
    +4

    Ignore the old Google street view pictures of there once being a sign there, that just confuses the issue.

    If you have current photos of the spot with no "No Stopping" sign there, present those and say 'As you can see, I had no notification that it was a no stopping zone, please cancel my fine".

    If they don't have a photo of your car in the zone with a No Stopping sign visible, you will likely win.

    (This is assuming it's not inherently a no stopping area like a bus zone or god knows what)

  • deme on 22/06/2022 - 16:41

    Which council?

    These days they provide photographs of the sign in view.

    Did they provide you with evidence?

    Was there a yellow line on the road to indicate no stopping?

    • no user information on 22/06/2022 - 16:43

      Hobsons Bay City Council. No evidence provided.

      • deme on 22/06/2022 - 16:53

        How does stuff work down there, do you pay the council or State Revenue?

  • Porker on 22/06/2022 - 16:47

    The infringement notice should state what rule has been breached. Not all 'No Stopping' areas need to have an accompanying sign and can be informed through other various means. Eg. parking too close to intersection, parking against double or solid centre line (and not leaving 3 metres clear), etc.

    Also, generally signs can't be more than 70 metres apart. So if the claimed missing sign was within 70 metres of another, the restriction still applies despite your missing sign.

  • Belv on 22/06/2022 - 17:05

    Take it to court. Also ask for the days wages and legal fees to be paid by the local council. You have enough evidence

    • spackbace on 22/06/2022 - 17:06
      +2

      You have enough evidence

      And what makes you say that?

      • Muzeeb on 22/06/2022 - 17:09
        +5

        Some dude called Belv on ozbargain said so

      • Belv on 22/06/2022 - 17:12
        -3

        If you could read, he said he has a photo of the spot he was fined missing the no standing sign. Also a google image showing it missing. Most likely the enforcer dosent have the photo showing the sign either. I think it's a easy win, how can someone be fined parking in a no standing area if there is no sign …..

        • apsilon on 22/06/2022 - 17:17
          +3

          They also said other signs were there. Signs remain in effect until cancelled by another sign or an intersection is reached. They have no recourse.

        • spackbace on 22/06/2022 - 17:18
          +1

          If you could read

          Lol take some of your own advice

          Do you prefer pictures instead? Have a look at the Google Maps pictures, there's signs at each end of the street (small street too)

          • Belv on 22/06/2022 - 17:32

            @spackbace: @spackbace: So he has a photo. The parking inspector dosent……

            • spackbace on 22/06/2022 - 17:33

              @Belv: Lol you really think the other signs don't exist right now, that they can't just take a photo for court?

              OP has acknowledged there's still 2 signs at the ends of the street, with arrows pointing to where they were parked. What counter evidence is there?

              Have you had your meds today?

              • Belv on 22/06/2022 - 17:38
                +1

                @spackbace: No they can't just take a photo a month later and use it as evidence. The evidence the inspector took at the time of the offence is the evidence supplied to the court for the council's side. Most likely he didn't take it for the reason the sign was not displayed but they knew it was no parking anyways . I think he has a case as a judge has the ability to show common sense unlike you

                • spackbace on 22/06/2022 - 17:39
                  +1

                  @Belv: So, the 2 other signs mean nothing to you?

                  Despite even the OP acknowledging that they're there, and that they can't win?

                  • AndyC1 on 22/06/2022 - 18:27

                    @spackbace: Above OP says one is there and by law OP is SOL.

                • BewareOfThe Dog on 22/06/2022 - 17:41

                  @Belv: Unless the Magistrate is in a really bad mood. Could go either way.

  • Muzeeb on 22/06/2022 - 17:11

    What time were you parked there?

  • Muzeeb on 22/06/2022 - 17:20
    +1

    This is the real question.

    Why does this series 2 VT Commodore is Glenelg Way have series 1 tail lights?

    • spackbace on 22/06/2022 - 17:22
      +2

      It's really a VN that's been tarted up

      I know it makes sense, and you're welcome

      • Muzeeb on 22/06/2022 - 17:24
        +2

        It is in Seabrook so that makes sense. Cheers.

  • Euphemistic on 22/06/2022 - 17:22
    +1

    If the signage is as in the google link then you’re out of luck. There is a beginning and end sign for the zone, just not the middle one.

    Maybe if you can find somewhere in the traffic legislation that signs must be no more than xxx m from a parking space you might have a chance, but I don’t like your chances.

    • BewareOfThe Dog on 22/06/2022 - 17:27

      There is also a sign in the middle, if you look from another angle

      • no user information on 22/06/2022 - 17:28

        that sign and pole is missing now

        • BewareOfThe Dog on 22/06/2022 - 17:36

          hmm. However, if the signs at the beginning and end of the street are still there, I doubt that you will have much of a chance convincing a grumpy magistrate. I know its more a matter of principle than money, and having been rejected by council, might be a tough argument in court (especially if they are having a bad day). I would contact council again, and request any photographic evidence (which will probably incur a fee).

          All the best. :)

  • chrisn26 on 22/06/2022 - 17:29

    This is a very odd place to make a street "no stopping". Could someone care to explain? I guess it has to do with preventing through traffic so pedestrians are "safer" as they get to/from the nearby school. Personally I would not want to park here to access the school, it would take forever to get in/out of the suburb.

    • spackbace on 22/06/2022 - 17:34

      1 side is 10min only during school pickup/dropoff times, so I'd guess that if there's parked cars on the other side of the road that there's stuff all room to drive between, which would cause congestion

      • BewareOfThe Dog on 22/06/2022 - 17:37

        I was thinking it must be congested, shallow and dangerous, especially if there are kids getting in and out of cars.

      • chrisn26 on 22/06/2022 - 17:43
        +1

        Interesting, now it kind of makes sense. Good exercise for the parents to pick up their kid in under 10 minute. Imagine if the councils/ governments built proper transit systems instead of relying on cars.

  • djones145 on 22/06/2022 - 18:30
    +1

    take it to court
    high court
    federal court
    international court
    UN court

    fight for the little man

    legend gets used alot these days but u are a capital L

  • Drakesy on 22/06/2022 - 18:33

    Well is there a no standing sign there?

    It's pretty clear cut and google street view doesn't really help you unless it's taken on the day of your fine.
    Yes you can get it over turned
    Just need evidence that the no standing sign wasn't there.

    Simplez
    If you can't prove that there's a no standing sign there then gotta do the time and pay the fine.

  • apu on 22/06/2022 - 20:23

    I had the same argument a few years ago with a council in northern Melb. Argued a sign was missing from maybe a row of 3 or 4 same signs (maybe they were permit parking signs or no standing - cannot remember) but the council pulled out some regulation saying it was not a relevant factor as the regulations only required signs to be "x" metres apart, which was still met even with the missing sign. Suggest you try to dig up those regs before running to court.

  • Moderatorscrimshaw on 22/06/2022 - 20:34

    Closed by OP request

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