Hello OzBs, I am here for your collective wisdom to understand my chances of contesting the infringement issued to me.
First, here is the MS paint diagram:
It is two-lane street, I am the red car with left indicators on to indicate that I am intending to park where the yellow car is. I saw the driver getting in the yellow car just ahead of me. I am standing here for less than 10 seconds, when I realize, the yellow car is going to take longer and I drive off ahead, and I turn right to another street further up ahead. I am 100% positive that this is the only time and place I stopped on the street mentioned in the infringement.
Now, I was puzzled when I received the infringement as I have been doing such type of manoeuvre for years and I have seen countless other drivers doing this all the time and I did not realize that this an offence, let alone infringement worthy. I am also 100% sure that I did not stop there for more than 10 seconds, as I could see the traffic ahead of me moving further, and the driver in the yellow car signing to me that he is not moving. Note that, at no time my car was "parked" there, and the ignition was ON all the time. Unfortunately, the parking officers may be in full swing there at that time, which I did not realize at that moment.
Infringement type exact words: "Stopped double parked"
So I have 2 questions:
- Is this really an offence, the manoeuvre I along with almost everyone else does?
- What are my chances of contesting this with the council and if unsuccessful, with the court afterwards?
When I received the infringement, I was absolutely confused, until I saw the street name and time, to realize the above had occurred.
Your inputs are much appreciated.
Edit: it is a busy street. There were cars in front of me and behind me. When I stopped, the car in front of me, moved may be worth 2 car spaces before I abandoned my plan to park and joined behind it. So the traffic behind me was "held up" for the length of 2 car spaces for 10 seconds. I got the photos from council that shows cars behind me, and the space in front me until the next car is visible in front. The photos are when my right indicator is on, so when I already decided to abandon my plan to park and started to drive off to join the car in front. So I "held up" the traffic for 10 seconds and then we all joined in to the front of my car to just wait, as crs had stopped there again for pedestrians, and for people parking their cars. Basically the net effect was that cars behind me had to stop 15-20 meters earlier than they would have stopped anyway.
Did anyone get in or out of your car for those 10 seconds?