Absolutely Bullshit Parking Fine

[Trozzle]

Ok, so last month I received a parking fine for parking on a RESIDENTIAL street in Bonython, out the front of a townhouse complex. There are NO SIGNS whatsoever to indicate it's illegal to park here. I was not the only car parked there at the time, cars are always parked on the nature strip on this RESIDENTIAL street.

I disputed the fine on the grounds that it's not a "built-up area" as the infringement suggested (as above, residential street), and there is nothing to notify people that it's illegal to park here.

If I still wish to dispute it (my f**king God I do) then it gets referred to the ACT magistrates court blah blah blah. I need to know if I have been correctly fined, and what defines a "built-up area". As far as I'm concerned, if my fine is correct then you're not allowed to park on the nature strip ANYWHERE on ANY residential street in ACT.

Here are two photos of my car as it was parked (taken at different times, same position though) to show the street layout as well as other cars.

Can anyone provide any insight?

[Trozzle]

Have been directed to this:

http://www.tams.act.gov.au/play/pcl/bookings_permits_and_payments/nature_strip_development_application#7

By the looks of it, it IS actually illegal to park where I was fined.

How the f**k are we expected to know this rule, when it's not signposted or indicated? They assume that we've read the whole f**king book of rules or some shit? By the look of it, I'd have been less likely to receive a parking fine by parking completely ON the road and not the nature strip.

[Shell]

So ALL those cars got a fine?

[Trozzle]

So ALL those cars got a fine?

nope, not that I saw. From what I noticed, I was the only car.

[a20089]

Looks like they are trying to justify the fine for parking on a nature strip based on the link. Considering you are only a wheel's distance onto the strip I think you could reasonably argue an exemption in a court on a first time basis. If you get grief in a court, pull a law book from the wall ask a question about a law in the book and ask them for the answer. It's physically inpossible to know every law. (always wanted to do that)

As for parking on the street, what is the speed limit? 50? 60? What is the law about parking on streets without sign posted regulations?

Australian road rules, ACT site is uesless just refers to these rules.

http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s208.html

http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s350.html

This is the one they are trying to get you on

http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s197.html

[MIVEC]

As much as it sucks, ignorance is not a credible defence in court.

[a20089]

There's always excemptions in court, each case is judged on it's own basis.

[Trozzle]

If I took it to court though, I risk the fine being well over the $81 it is now don't I? Or moreso, I risk copping a shitload of additional fees?

[Sinista32]

Ask for a 6month extension to pay and make em wait.

I dont think any dispute will succeed unfortunately.

[a20089]

If I took it to court though, I risk the fine being well over the $81 it is now don't I? Or moreso, I risk copping a shitload of additional fees?

Why what else have you done wrong? It is your right as an Australian citizen to meet your accuser in court. Court fees are miminal about $40 last time I checked. You don't need a lawyer, you need an intelligent argument presented with facts in a mature manner.

If you go to court there two outcomes

If you lose: A day off work + the cost of court attendance fee.

If you win: A day off work + saving of $81 + keeping an offence off your record + satisfaction of sticking it to the government.

Hell even if you do lose chalk it up to a learning experiance, better to learn the court system over a parking fine then over something more serious.

If it goes to court and the government loses, you will probably see some signs errected.

[Amaru]

I wouldn't bother taking it to court to be honest. Unfortunately it is illegal to park on nature strips, and you are more than just "a wheels distance" on, from the picture it looks like 3/4 of the width of the car is on it.

Being let off because you simply didn't know (and using the example of picking up a law book and questioning the judge on something random) wont stick either - if the judge were to do this it would set a precedent others could then use to get off traffic infringements because they "simply didn't know" either. This is why you will hear people say ignorance is no excuse.

You also need to remember that if the judge finds you guilty they penalty can be increased, so it is not just a day off work plus the attendance fees.

So overall probably not worth it and you have now learnt something. Sux how it happened but thats the way the system works unfortunately - you are expected to know the legal consequences for all your actions and if you don't, then don't do it.

[Trozzle]

Yeah I'm almost entirely off the road because I was making an effort lol. Next time I'll park wholly on the road... Stupid shit.

[J'son]

Yeah mate, what a rought. Most people everywhere park on the nature strip. Sure it is usually out the front of their own home, and definately not in an area like civic or a town center area...

For an offence like this with NO signage, you'd expect a warning... And the fact that there were many other cars doing the same thing, and do regularly, it is a bit unfair that you were stung..

I still say follow it through since it is local, and the costs are not too bad. They are not likely to increase your fine for something like this imho.... It is not like this is right in a town center and there was other parking offered. There are no signs and there were other cars parked there too..

It is fine and well to say that you find out now that what you did was wrong and would not do it again. And complain on the basis of the other cars (who were not fined), no signage and no other provided parking. you were also nowhere near an intersection ect.. That you ask for a warning in this instance. And see. Worst case the most likely outcome would be they tell you that you have to still pay the fine, you get a paid leave day off work and have made an effort.

Maybe even feel free to take half a dozen more photos in like that one, and see if they book every last car in the photos too for the same thing if they wont let you off.

[MIVEC]

Maybe even feel free to take half a dozen more photos in like that one, and see if they book every last car in the photos too for the same thing if they wont let you off.

So if he's going down so is everyone else?

[Trozzle]

So if he's going down so is everyone else?

haha well as much as I'd love to do that, it is a big of a dog act. I'd like to take photos of all the cars so I could ask the rhetorical question of "So, you gonna come fine all THESE cars? No? Didn't think so. dream boats"

[a20089]

You also need to remember that if the judge finds you guilty they penalty can be increased, so it is not just a day off work plus the attendance fees.

So overall probably not worth it.

I understand there is a set penalty, ie X penalty points. How is this going to be increased? An additional fine for forcing you accuser to prove guilt?

Overall the time off work would not be worth it for me, but that is one thing the government pray upon.

[Trozzle]

I understand there is a set penalty, ie X penalty points. How is this going to be increased? An additional fine for forcing you accuser to prove guilt?

Overall the time off work would not be worth it for me, but that is one thing the government pray upon.

Court fees.

[a20089]

Which are minimal paper handling costs.

You don't pay the governments legal costs.