Howdy People! As I have long enjoyed the entertainment of OzBargain posters contesting fines, I thought I'd give back to the community. Short summary of events below, and I'm of course including an entirely useless paint diagram as well.
- April 2023 - I get a parking fine from council for allegedly parking more than 2 hours in a 2P. However, I didn't - I parked 1h55 in one spot, then moved the car 50 meters down that same street to a separate 2P zone for another hour and a half. Accessing the supporting evidence provided by the council, all they have is a picture of my tyre with a chalk mark on the bottom half early through my time in the second parking spot.
- April 2023 - I stop by my local police station to discuss the circumstances and confirm that my parking behaviour is indeed in accordance with the law. I send a request for review as "contrary to law", including the schedule/details of my parking on that day
- June 2023 - Review holds the fine, claiming that the chalk mark would be gone if I had indeed moved the car (provably false in this case, when driving a light car 50 meters under 20km/h on a dry, cold road)
- June 2023 - I send in a request for the case to be heard in court
- April 2024 (fineversary!) - I get a letter informing me that the fine is withdrawn, and I'm being issued an official warning in its place.
Now, I could have paid the fine initially, and I'd have begrudgingly done so if I had indeed broken the parking rules. The only reason I didn't and instead spent time contesting the infrigement is because I didn't commit the alleged offense, and for the whole thing to end up with a warning, aka "nah mate you did it, but we'll let it go this time", is … disappointing.
I have penciled in a response to request that either the warning be withdrawn, or that the case be heard in court - but I'm also thinking it may be time to let the whole thing go as it's probably not worth the time I'd have to invest should the case indeed go to court.
So - should I let this go? If not, is it even possible to appeal a warning, and if so do I need to do so with the council or Fines Victoria?
EDIT - Thanks all for your insight, I'll take the warning.
As has been mentioned in the thread, there are a few points in the parking rules that may well make my parking pattern on that day subject to a fine, if one considers that the two parking spots are part of the same "area" / "length of road". I'd like to get a better understanding of what constitutes an area in that context, but there may be better options than going to court :)
A driver must not park continuously on a length of road, or in an area, to which a permissive parking sign applies for longer than the period indicated by information on or with the sign
and
When moving your car to another parking spot, you must move it out of the area or length of road controlled by the parking sign.