Contesting Parking in Disabled Spot Fine

Thenarrator on 02/12/2022 - 00:38
Last edited 02/12/2022 - 10:52 by 1 other user

Parked in a disabled spot and the fine was $600, about 50% more than what would be a speeding fine. I sent a review telling them I had severe food poisoning, stomach pain that I could not drive nor find time to safely park my vehicle and the least risky position was to park in disabled spot (rather than in a no stopping zone). I have doctor certificate and medication receipt with correct time stamps. My review was rejected.

I feel like I've done everything I could under my circumstances to choose to least risky decision and have all the evidence I need. There is nothing else I could've done post event.

Looking for advice from people who have gone through the court process. How much is it on average? What was the process like? What did you need to prepare? What is considered convincing evidence?

Automotive Parking Fine

closed Comments

  • mbck on 02/12/2022 - 00:48
    +118

    grabs popcorn

    • lordra on 02/12/2022 - 00:54
      +14

      Brings the drinks…

      • franco cozzo on 02/12/2022 - 05:22
        +16

        …lights bonfire

        • poboy on 02/12/2022 - 06:04
          +21

          … jumps in

      • Dave Bowman on 02/12/2022 - 14:40
        +15

        Don't give OP any he has a sore tummy

        • bdl on 03/12/2022 - 20:22

          it's ok - he/she chucked the sh*ts

    • HeWhoKnows on 02/12/2022 - 07:51
      +82

      OP is guilty as charged!

      What a waste of time

      I'd wack a penalty on top of the fine for wasting peoples time.

      And did OP "exceed the speed limit" or go "through a red light camera" to get to the disabled parking spot as well and seek the same excemption.?

      One must ask if you were even fit to drive so be very careful where you tread OP.

      You have legal responsibilities when driving a car OP so observe them or pay the penalty

      • SF3 on 02/12/2022 - 08:30
        +2

        had severe food poisoning, stomach pain that i could not drive nor find time to safely park my vehicle

        But was OK enough to find fine parking. How interesting.

        • Hangryuman on 02/12/2022 - 10:10
          +2

          they'll be fine(d)

      • ribze1 on 02/12/2022 - 10:37
        +8

        Probably ran over an old lady too but it's justified.

        • CocaKoala on 02/12/2022 - 13:31
          +12

          She was asking for it to be honest taking her sweet time rolling on that wheelchair across the pedestrian crossing. Chop chop old hag, I've got sh*t to do.

    • SF3 on 02/12/2022 - 08:38
      +2

      grabs popcorn

      Interested to hear the narrative after OP's alleged stomach pain… did OP relieve themselves in the car?

      • CocaKoala on 02/12/2022 - 17:54

        Interested to hear the narrative after OP's alleged stomach pain… did OP relieve themselves in the car?

        Yes. Op stored in the same takeaway container that originally had the ramen that caused the diarrhoea, just in case the matter goes to court and some shit is required as evidence in addition to the doctor certificate and medicine receipts.

    • [Deactivated] on 02/12/2022 - 11:48

      Yep. I saw the topic and braced for the worst.

      OP sought input on four questions with a caveat "Looking for advice from people who have gone through the court process."

      The replies are, for the most part, reflective of a classic OzBargain stacks on self righteous circle jerk. Sigh.

      • T1OOO on 03/12/2022 - 09:57
        +1

        The only jerk here is the OP lying to us the police and courts.

        • [Deactivated] on 03/12/2022 - 10:01
          -5

          Ok kiddo.

      • [Deactivated] on 04/12/2022 - 11:21

        "Self righteous".

        We live in a society. Decide you're above it and suffer the consequences.

        Though the concept of consequences for your action still eludes about….27 electoral seats, it seems.

        • [Deactivated] on 04/12/2022 - 11:25

          Cool story. +1

          • [Deactivated] on 04/12/2022 - 11:31

            @[Deactivated]: 3337 comments in 2 years? Touch grass my man. Touch grass.

  • Unorthodox on 02/12/2022 - 01:06
    +19

    Might as well entertain your reasoning…

    Where was this? Why were did you not stop earlier or not drive if you were facing severe food poisoning?

    How long were you parked there for?

    Did you park there to poop? Would police accept going through a red light if you had to poop or similar?

  • AustriaBargain on 02/12/2022 - 01:20
    +116

    Just pay the fine. Everyone knows that you need the placard to park in those spots. You are part of the set of "everyone", so you knew it too. You knew it and you hoped you wouldn't get caught and you were caught. You already seem to be at bargaining, so just get depressed about the money you lost and accept the fine, then you'll be through all five stages of grief and be done with it.

    • Jimothy Wongingtons on 02/12/2022 - 01:41
      +9

      You forgot the two bonus stages - Denial 2, and Astral Projection.

      • pharkurnell on 02/12/2022 - 10:46
        +21

        Astral Projection.

        I think that happened in the dunny?

    • Eeples on 03/12/2022 - 00:41
      -5

      You are also supposed to be or be driving the person who has the disability which granted the disability sticker.

      A pet peeve of mine is ppl parking in disabled spots when they are not entitled (even if they have a sticker).

      • boirganz on 03/12/2022 - 08:03
        +19

        Be careful judging someone who looks able bodied parking in a disabled spot.

        there are many disabilities that aren’t visible to see from an outsider. You have no idea what someone who “looks normal” may be going through and why they have the tag. Maybe they can only walk 100m before being utterly exhausted from crippling joint pain ?

        Or maybe they’re just an ass taking advantage of their mums card…. But you wouldn’t know from looking :)

        • mooney on 03/12/2022 - 08:30
          +10

          This x1000. My mum was abused for parking in a disabled spot when in final throes of pancreatic cancer. Other than being painfully thin at the time there were no outward signs of illness (she always tried to look nice)

          By that stage she was incredibly weak, the abuse made her go out less. She was devastated.

          • Ulysses31 on 03/12/2022 - 22:42
            +2

            @mooney: My neighbours gave-up their pass, due to the constant abuse & judgement thrown at them. Non-verbal autistic kid needs triggering to make them stop?

            • OffGreenFX on 05/12/2022 - 07:58

              @Ulysses31: My youngest son is non verbal autistic with low muscle tone. If the day comes we need a pass for him, you can bet we'll take it. We still push him in a pram now even though he's older, so haven't needed a pass, but that won't last forever.

              I'll be ready waiting for a comment from someone. I'll go nuclear for my kids.

        • OffGreenFX on 04/12/2022 - 15:29
          +5

          This. Pisses me off beyond belief when people just assume you don't have a disability as you don't have a broken leg. If you have a disability permit it should be the end of it.

          I was offered a permit due to the vertigo attacks I get, but I turned it down as I'm otherwise able bodied and can generally feel an attack coming on and will pull over or not go out to begin with. My opinion is if I am so disabled by vertigo that I need a parking pass I shouldn't be on the road, but there are plenty of people who have all kinds of ailments the public can't see that don't deserve to cop abuse when using a disabled spot (as long as they have a permit).

      • jinkerjinx on 03/12/2022 - 11:29
        +2

        i first assume the healthy looking person may be there to drop/pick up someone who is disabled etc.
        (but yeah no doubt some rorting takes place)

    • coffeeinmyveins on 02/12/2022 - 06:25
      +37

      It may be because I haven't had my morning coffee yet but what the hell is this

      • cookie2 on 02/12/2022 - 06:46
        +20

        Well I've had mine and still agree, what the hell is this?

      • Xistn on 02/12/2022 - 07:49
        +8

        Meth, hellofadrug.

        • ThithLord on 02/12/2022 - 09:35
          +4

          NopeI just had the meths and it doesn't make sense to me either

      • coffeeinmyveins on 02/12/2022 - 08:12
        +1

        I've now had my morning coffee and can report that this still doesn't make a meth of sense. I mean lick.

      • rambao9 on 02/12/2022 - 11:21
        +1

        I think it's the youth crime in QLD, seems to be happening every 2nd week these days

        Strange place to post tho

    • Murkymerv on 02/12/2022 - 06:46
      +2

      If this story is "real" ,your exactly what's wrong with this country

    • newbo on 02/12/2022 - 07:37

      The fine for the parking would go to the owner of the car and when he requested review, it would have been denied too.

    • ThithLord on 02/12/2022 - 09:36
      +1

      ThankYou Miss Annastacia PaleOfShit I tell my Bros to come to QLD

      Yes I can just imagine delinquents discussing state politics, pining over different Premiers depending on their political association.

      It couldn't possibly be the MSM drumming up stories to fuel ragebait for people like jizmo

    • Mordaunt on 02/12/2022 - 11:08

      I read that as BMX and couldn't work out how 5 people could fit under it. I need another coffee!

    • this is us on 02/12/2022 - 11:31

      That must be food poisoning as well…

    • morse on 05/12/2022 - 07:38

      Miss Annastacia PaleOfShit

      I think you might have meant Pail - QLD education system needs some work too.

  • foxmulder on 02/12/2022 - 01:21
    +2

    I'm sure you need to apply for disability parking permit than once approved you can park there. Im s orry to hear about your situation.

    • Hangryuman on 02/12/2022 - 10:12
      -6

      yeah without displaying the disabled parking permit you'd be taking the parking space away from the local lawyer who got it for his grandma and will claim that he was dropping her to the hospital if he gets asked why he parks in the disabled spot outside his solicitors' office every week day.

      • Eeples on 03/12/2022 - 00:45

        Good point.

        So many ppl take advantage of the sticker.

        Not sure why you were negged.

    • SolitaryMan on 02/12/2022 - 10:51
      +2

      How could he apply for a permit when he had stomach pain?!

  • Dreadnought on 02/12/2022 - 02:06
    +1

    kekw

  • Mikefr on 02/12/2022 - 02:18
    +96

    Just a FWIW : “ In NSW, clause 203 of the Road Rules 2014 outlines the circumstances in which you are legally permitted to park in a disabled spot.

    Clause 203 states that you can only park in a disabled spot if you hold and display a current parking permit for people with disabilities and if you comply with the conditions of use of the permit.

    Breaching these rules, if you stop your vehicle in a designated parking area for people with disabilities, you can expect to receive an on-the-spot fine or penalty notice of $587 and one demerit point.

    However, if you choose to have the matter dealt with in a local court, the maximum penalty you can face is a fine of $2,200.”

    Source : https://www.criminaldefencelawyers.com.au/blog/the-penalty-f…

    • GrueHunter on 02/12/2022 - 09:15
      +3

      everybody liked that

    • Thenarrator on 02/12/2022 - 09:23

      thanks

      • bigbadboogieman on 04/12/2022 - 10:18
        +4

        So I guess this place saved you a further $1600 fine?

        • tikeyike on 05/12/2022 - 09:01

          Now that's a bargain! /s

    • happydude on 02/12/2022 - 15:44
      +22

      Close. There is also clause 165(c)

      It is a defence to the prosecution of a driver for an offence against a provision of this Part if—
      (c) the driver stops at a particular place, or in a particular way, to deal with a medical or other emergency, or to assist a disabled vehicle, and the driver stops for no longer than is necessary in the circumstances, or

      • Grunntt on 03/12/2022 - 15:45
        +3

        There is also clause 165(c)

        I find it interesting here nowadays to see everyone happily pile on the OP but this informative factual post gets totally ignored.

        It's a shame for the facts to get in the way of all of the righteous outrage.

        • happydude on 03/12/2022 - 18:12
          +4

          I agree. We have a "the law is the law, you don't have a permit!!"

          But when the law doesn't actually meet the moral outrage, the law becomes irrelevant.

          • Grunntt on 04/12/2022 - 09:13
            +2

            @happydude:

            But when the law doesn't actually meet the moral outrage, the law becomes irrelevant.

            I also think we see quite a few people who appear to have quite a limited ability to use critical thinking as well as a poor understanding what the words/sentences actually mean.
            The have an opinion and it's become important to broadcast it as though it's actual knowledge.
            They then double down on it if anyone dares refute it with facts and real understanding/knowledge.

        • zoob on 03/12/2022 - 22:37
          -3

          Which facts? What was the medical emergency?

          • Dontdoit on 04/12/2022 - 07:27
            +2

            @zoob: Did op edit his post after you wrote this?

            He had severe food poisoning and couldn't drive safely.

          • Grunntt on 04/12/2022 - 09:07
            +1

            @zoob:

            Which facts? What was the medical emergency?

            Yet again another example of selective reading.

            Facts? You know, maybe the actual rules that apply? (ie. Clause 165(c) as happydude provided)

            Exactly where does it say the only emergency is a medical one?

            Maybe read the parts that happydude kindly put in bold for you.

            • happydude on 04/12/2022 - 12:58
              +1

              @Grunntt: Could also have a crack under (d)

              (d) the driver stops at a particular place, or in a particular way, because the condition of the driver, a passenger, or the driver's vehicle makes it necessary for the driver to stop in the interests of safety, and the driver stops for no longer than is necessary in the circumstances, or

              I can't see shitting yourself while driving to be particularly safe.

              Personally I would shit myself than park in a disabled spot, but as an academic exercise the OP has very good chance, but no means guaranteed.

              • halo9 on 05/12/2022 - 00:41

                @happydude: Op better hope the judge doesn't ask them to establish a timeline for the hours pre/post event, and/or check account statements. Any purchases, unless from a dodgy sounding food vendor prior to the "event", are gonna look pretty suspect.

                Personally I think Op has no chance of getting out of this. Be prepared for the judge to make you look foolish. Good luck

          • BumbaT on 04/12/2022 - 21:16

            @zoob: Op suddenly got acute food poisoning while driving.

            Depending on the pathogen it can be pretty quick.

            Probably a good idea to stop driving immediately and seek help.

            It all depends on context, did the op have the emergency before starting to drive, or did it occur while driving? One wins the op the case and the other loses it for them.

      • markathome on 03/12/2022 - 23:55
        +3

        I'm genuinely intrigued on this one. I think the OP has a case if he left the parking location in an ambulance or body bag*. Otherwise I think he is going to struggle. That said, personally, I would like see society grant some leeway to people who park in an disabled bay where there are no other bays available to urgently relieve themselves due to food poisoning. That feels like a 15 minute event. Sure you'll be in agony for hours but you'd hopefully come to the conclusion you want to get to a more familiar bathroom or a cleaner one in a hospital. So I'm interested in the specifics of how and where it happened…

        • Did a security guard snap the violation and send it to the cops?
        • Was the parking spot on council land? In which case pretty unlucky to get a fine in fifteen minutes?
        • Was it actually at a hospital/doctor's surgery in which case I fear OP might struggle as everyone is there for medical attention?

        * and I definitely could see asking OzBargain for advice being one of the nine circles of hell

      • kaleidoscope on 04/12/2022 - 13:28

        Nice job digging what’s actually necessary for this post 👍

        Good luck OP contesting with this information.

    • Gunnar on 02/12/2022 - 22:43

      Imagine how sore the OP’s belly will be if his fine is $2.2k? His next post will be about how he got fined parking in an ambulance bay

  • Sammy2000 on 02/12/2022 - 04:35
    +15

    Those spots are there for disabled parking, just as loading zones, quick 5 minute parking etc. Not for sh*# reasons.

    Consider the disabled person who is unable to park in regular spots. They are larger and closer to destinations for genuine reasons.

    • Xistn on 02/12/2022 - 07:49
      +2

      Well he prob got a little sh!!tty later XD

  • Keplaffintech on 02/12/2022 - 04:54
    +43

    You can literally park anywhere else (no stopping, on a footpath, in a driveway) and the fine would be way less. The disabled spot is for the disabled, don't park in it.

    • WreckTangle on 02/12/2022 - 08:08
      +1

      These might be good options actually. What is the fine for parking on the footpath?

      • Quantumcat on 02/12/2022 - 14:21
        +4

        I did once with my motorcycle as for some reason I thought it was allowed (never did again obviously!) and the fine was on the order of $200 and something.

        • zonra on 02/12/2022 - 14:31
          +42

          OP could’ve saved $400.
          That’s worthy of a deal post.

        • [Deactivated] on 04/12/2022 - 11:24

          Best part of vic. The sheer freedom of rocking up and parking right outside a cafe / the shops / anywhere in the city on a bike is one of the only reasons I haven't moved to warmer climes.

    • jinkerjinx on 03/12/2022 - 12:31

      I drove through a bus spot in brisbane (fine revoked..more info/dashcam: https://www.ozbargain.com.au/node/457799)
      I would have assumed the OP fine would be about the same $$.

      However it's actually the largest fine in bris: https://www.brisbane.qld.gov.au/traffic-and-transport/parkin…
      (4 penalty units = $575)

      Had the OP parked on a footpath it would have been 0.75PU = $107.
      But.. that infraction is a lot more obvious I suppose.. only attempt it if you put your emergency lights on and put fake legs/spanners under the car like Mr Bean:
      https://www.youtube.com/watch?v=FDcIFIigcwo

  • franco cozzo on 02/12/2022 - 05:21

    hahahhhahhahaa!

  • Muzeeb on 02/12/2022 - 05:36
    +43

    Food poisoning is not a disability. Just pay the bloody fine.

    • SBOB on 02/12/2022 - 05:53
      +15

      Food poisoning is not a disability

      What about severe food poisoning? They didn't say it was just regular food poisoning

  • SBOB on 02/12/2022 - 05:52
    +7

    101% chance you'll lose and court review.
    Please keep us updated on your excuses and subsequent court outcome:)

    Just think of the $600 as the cost of not sh#ting your pants while trying to find a park :)

  • coffeeinmyveins on 02/12/2022 - 06:24
    +22

    How much is it on average

    a lot more than paying the fine and moving on with your life

    I sent a review telling them i had severe food poisoning, stomach pain that i could not drive nor find time to safely park my vehicle

    I find it incredibly hard to believe that you had an sudden onset of severe food poisoning whilst driving causing you to have to pull into a disabled spot.

    If there was a disabled spot then you're somewhere where there's parking, so there would have been normal spots?

    To be honest in situations like this you would just pull over to the side of the road where it's safe to do so and throw your hazard lights on. To have the time to choose a disabled spot makes me believe there's more to this story that you're not telling us.

    I feel like the reasons why a court would waive this fine would include something like you were witnessing an attempted rape and you flung into action to save someone by running into the perp with your car ,which happened to be in a disabled spot.

    That would probably be a good reason, not "I needed to go poo poo very quickly"

    • Z126 on 02/12/2022 - 22:02
      +1

      I’d presume that going to a parking spot to the nearest toilet/bathroom would be a reasonable justification in the circumstance that the op did in fact have severe onset of food poisoning.

      Clause 165 of the NSW Road Rules 2014 (under Road and Transport Act 2013) talks about emergency situations.

  • Porker on 02/12/2022 - 06:27
    +7

    Seems like OP feels they could get away with anything because of "stomach pains" and "medication receipt".

    Road rules apply unless (generally) there is an emergency of sorts or mechanical issues etc. Needing to go to the toilet is not a valid excuse to break the road rules.

  • Murkymerv on 02/12/2022 - 06:36
    -8

    $600.00 , bloody hell . And i thought we were bad in Victoria 😱

    • gyrex on 02/12/2022 - 07:46
      +22

      I'm guessing the vast majority of decent, law abiding people would think $1,200 was more reasonable.

    • coffeeinmyveins on 02/12/2022 - 08:03
      +6

      Yeah right, it should be a lot more for the impact you're having as a selfish individual on someone who needs the spot.

      If someone has a disabled permit then they have something serious enough to affect their mobility. Maybe they don't have any legs, have a fused spine and can't walk more than 5 meters. but hey, someone gets a sore tum tum and they should of course be able to use the spot right :)

    • smartazz104 on 02/12/2022 - 08:58
      +5

      The only people who are upset by fines are the ones that keep breaking the law.

    • ribze1 on 02/12/2022 - 10:41
      +1

      It should be more

    • pharkurnell on 02/12/2022 - 10:50
      +2

      Sounds fair to me. Disabled spots are there for a reason,… usually only 3-4 tops compared to dozens for non disabled

  • iamherenow on 02/12/2022 - 06:44
    +11

    It sounds like you need a fine to learn that the rules apply to you too.

    • Bad Wolf on 02/12/2022 - 07:40
      +31

      The point is you as the driver as part of your license requirements is that your p plates are displayed correctly each and every time you enter the vehicle to drive.

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