Parking fine on public holiday

Ceceilia on 15/02/2013 - 14:29

Was booked a parking fine on Australia Day 26/1/13 because didn't pay the meter.
Assumed it was public holiday so did not need payment

When I contested this I was told cannot be withdrawn as the public holiday free parking is for the monday in lieu not for 26/1/13.

This does not make sense to me and very unfair.
1) official Australia day- 26/1/13 but still need to pay?

2) this is the day all celebrations take place so everyone would want to come out to do the activities. but instead everyone needs to pay parking on this day.

3)Obviously, if i had known that it needed payment for the meter i would of paid the few dollars. Seems to me the council is very poor and just trying to take money in anyway they can. Could at least as goodwill, be withdrawn seeing the circumstances.

Wanted to contest this further but it would cost me too much to take a day off work to go to court for it. I feel this is very unfair : (

General Discussion

Comments

  • pax on 15/02/2013 - 14:35
    +1

    1) yes, unfair possibly, but the public holiday is on the Monday, so they are correct

    2) true, and they even put in additional parking restrictions and prevent parking on streets where parking is normally allowed further restriction availability.

    3) Best of luck with that argument.

    I'm not in government though (rest of the world should be thankful for that).

  • PissLUR on 15/02/2013 - 14:38

    26 jan 2013 wasnt a public holiday.

  • neil on 15/02/2013 - 14:40
    +1

    Bit of a weird rule but don't see how you can contest it.

    Melbourne parking rules

    When a public holiday falls on a weekend, the Victorian Government may declare a day in lieu. In these cases, the parking rule exemptions apply only on the day in lieu.

    Saturday was a normal weekend day. Monday was the day in lieu so the fine was correct albeit odd.

  • jinroh on 15/02/2013 - 14:42

    Edit: Same as Neil above.

  • elf888 on 15/02/2013 - 15:39

    I've have the problem on the year before Boxing day falls on Sunday.
    Went to court and finally need to pay the fine….
    however the court reduce payment to $50……
    took me whole day in court though…..dame

    • cacbm on 17/02/2013 - 10:13
      -2

      And get a criminal record as well because it was a court imposed sentence.

      • retiredfeline on 17/02/2013 - 10:19

        It's just an infraction, like a fine for forgetting to pay a parking meter. Nearly everybody has one or more. Criminal records are for much more serious things.

  • Ceceilia on 15/02/2013 - 17:35

    an expensive lesson learnt- hope others read this and don't make the same mistake for future public hoildays that fall on weekend

    • cloudy on 24/02/2013 - 14:01
      +1

      Hi OP, really sorry u coped a fine, I ALAWAYS get a little confused as the actual rules around public holiday parking when it is in lieu. I'll definitely remember ur experience next time. May u find lots of left over coined meters next time u find parking!

  • jasef on 15/02/2013 - 17:42

    Write in to the Herald/Sun/Age/Getup/whatever. Here's some potential inspiration…

    I'm sure there are great solutions that are good for the people, AND keep the streets resonably available, and can involve light fines for the odd slip up (hands up who thinks $5 dollars for first infringement, $200 for the 10th in a year is better?) but we get the other one…

    The solution where government abandons care for the people, slips on the sneaky 'business glove' and deals the dirt under the table…

    Parking fines in built up areas these days is practically efficiently organised petty theft sponsored by government and local councils; outsourced to remove culpability and bundled with red tape so to gag anyone that wants to complain that life could be better.

    Here's to yet another 'bend over Australia' day. Long live the country of the 'fair go'.

  • MATTDAMON on 15/02/2013 - 18:42
    -2

    Saturday wasnt a declared public holiday, the Monday was.

  • TheAviator on 15/02/2013 - 19:04
    -1

    A public holiday and the day being celebrated need not be the same day. This year there was Australia Day and the Australia Day Public Holiday, one just a day, one a public holiday.

    Similar happened with Christmas in 2011 I believe, Christmas was Sunday, Boxing Day Public Holiday was Monday and then Tuesday was the Christmas Public Holiday. Weird, but that's just the way things work :)

  • grasstown on 15/02/2013 - 20:26

    Do the staff in retail get ordinary pay on 26 Jan? That would suck

    • MATTDAMON on 15/02/2013 - 20:34

      Depends on the award they are under. Personally i was paid P/H rates on the Saturday ontop of my standard Sat rate (so 4.5x the normal rate + penalties) Monday was a standard P/H which is 3x normal rate + 8 hours TIL)

      • miztadave on 17/02/2013 - 09:51

        Based on this post, the business owners that complain about the cost of doing business in this country have a very valid point….

        • MATTDAMON on 17/02/2013 - 11:19
          +1

          In the industry I am in I have to work the PH I cannot opt out of it, so part of the EPA and union agreements we get extra dosh.

          It's the same with Easter and Xmas, I've got to work on Easter Sunday and on Xmas day, I cannot just not come.

          On weekends I get double time from
          Midnight Friday to 11.59 Sunday + penalties.

        • miztadave on 17/02/2013 - 23:15

          I cannot see how getting paid the equivalent of over a week's wages for effectively one day's work (since, as you stated, you also get the public holiday as time-in-lieu) can be justified. This type of unionised "wage bargaining" is nothing short of extortion in my opinion.

        • MATTDAMON on 18/02/2013 - 00:19

          The managers had the option of giving us the ability to have public holidays off if we chose (which is part of the agreement for the rest of the company) or if they wanted to make us work it they would pay extra in addition.

          Its one of those things, they want the work done, we are happy to do it provided we get decent scratch for giving up a public holiday for.

          Truth be told i know blokes who are on even more on public holidays.

  • coolsteps on 17/02/2013 - 12:00
    +1

    if they haven't recorded your complaint yet make an appeal in writing asking for a review before the due date. attached supporting evidence and state a very good reason. i.e its your first ever fine and you always obey and respect parking laws however due to a medical emergency …….. I got out of my first ever fine once by doing this and stating my reasons and attached a medical certificate. it doesn't hurt to give it try by writing to them and if they don't accept it just pay it, as going to court will cost you more. btw good luck.

    • drdolphin on 18/02/2013 - 08:52

      Might depend on the council for how to get out of it, Melbourne councils are notoriously scum for this sort of thing.

      Case in point - a few years ago my heavily pregnant wife was suffering complications so rushed to the hospital, line for the car park was very long (they were renovating the car park so much fewer spaces) so I parked in a neighbouring street. Didnt notice that I'd parked the back couple of feet of the car over a sign that had "parking —>". Came back later in the day to find a ticket.

      Told the council the story, backed up by letter from the hospital and that I hadn't noticed the sign, very stressed etc just pulled into a park as I saw a car leaving. They didn't give a stuff. Rang them and of course no one will speak to you. 3 letters later and a standard reply back every time. In the end I just paid it.

      • tonka on 19/02/2013 - 18:02

        Can beat that, I got booked by cops for my pasenger not wearing a seat belt.

        I was rushing them to the Hospital in an emergency, at the hospitals request as there were no ambulances. They were delirious with a prescription drug OD and had taken off belt.

        Cops wouldn't even let me take them the rest of the block to the emergency before booking me.

        Days later after my formal complaint the cops are reprimanded but the ticket stands as correct and I have to pay the fine.

  • neil on 18/02/2013 - 22:51

    Cecelia, Channel 9 had a news report tonight that was going around Twitter. Apparently, more than half of tickets appealed are overturned so may be worth appealing.

    • johnnysmithson on 13/10/2013 - 20:01

      It varies from state to state, but it is true that a large portion of council parking fines are waived on appeal. I show the statistics for most states on my website Council Parking Fines

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