Should I dispute this parking ticket in court?

falconboy · 20-06-2012, 12:13 PM

Once again, the revenue raisers have been at it.

The facts are pure and simple.

I received a ticket in a council parking lot where one is required to get a ticket from a machine and put it on your dashboard. This is what I have done on at least 100 occasions at this parking lot (no exhaggeration). Its FREE for one hour, pay more and get a longer ticket.

On this particular occasion I stuffed up. Yes, I am guilty of not getting one of the tickets.

The reasons are that I am usually with my wife who goes and gets the ticket yet on this occasion I was on my own, not to mention it was raining and I was concentrating on what I was there to do and stay dry. These factors made it simply slip my mind.

I was away (and intended to be away) for less than the 1 hour free time given so there was no loss of income for the council.

I asked for a review based on length of excellent record and these mitigating circumstances. It was refused and the fine still stands.

There are no demerit point involved and its only $88. However, I feel this is a situation where discretion should be given and I should be let off with a warning.

Since I am guilty of the offence, should I still take it to court and ask them to use their discretion, or will they simply see that I admit guilt, find me guilty and keep the ticket valid?

Can they find me guilty, scrap the ticket and give me a warning?

I know many people don't fight the tickets because its not worth it. And no, its not, but sometimes you really do feel discretion is not used when it absolutely should be.

I'm not so much angry (yes, a little) yet frustrated and disappointed.

Thanks for letting me get it off my chest!

aussie muscle · 20-06-2012, 12:16 PM

you are within the free period but you still got fined? do you have to collect a ticket regardless of the time in car park? (in that case they should have it so you can collect as you drive into the park).

Yellow_Festiva · 20-06-2012, 12:26 PM

There was a company all over the TV / radio a few weeks ago that was issueing fines they were not leagally entitled to (like in Maccas / Aldi shops etc). Look up the name of the parking company if it looks to be a private mob and look into that angle.

If you needed to get a ticket for the 'free time' and you didn't I think you should just pay the fine. You knew the rules and can't change them to suit your situation as you see fit.

Sorry to be blunt.

There is a Maccas out the back of Blacktown that has the same system. I was in a rush and didn't read the 'conditions of entry' essay at the entry. Lucky I was told that they had a ticket aystem for the free time by another person or I would have also been done as there was an iunspector doing his job. The ticket machine was not at the entry.

falconboy · 20-06-2012, 12:31 PM

Yes, you need a ticket for the free time as it shows what time you got the ticket, hence whether you are still in the 'free' time.

Yellow Festiva, I'm not trying to change the rules to suit me, I'm asking for discretion which I feel should have been given. Are you saying no one is ever entitled to discretion or warnings based on their situation?

And that story on the company dishing out fines was different, that was a privately run car park and private company giving a 'fine' they weren't legally authorised to do. Mine was received from the Office of State Revenue via the council so is a valid ticket.

Kryton · 20-06-2012, 12:34 PM

They used their discretion - twice.
Just because it didnt go in your favour, doesnt mean you should waste the courts time.
Would you ring an ambulance if you got a splinter?
The courts have plenty to do already without petty claims like yours.
You knew the rules, you didnt follow them - your problem.
Move on and pay the fine.
Why is it so hard for people these days to step up and take responsibility for their own actions?

Yellow_Festiva · 20-06-2012, 12:36 PM

Quote:

Originally Posted by falconboy

Yes, you need a ticket for the free time as it shows what time you got the ticket, hence whether you are still in the 'free' time.

Yellow Festiva, I'm not trying to change the rules to suit me, I'm asking for discretion which I feel should have been given. Are you saying no one is ever entitled to discretion or warnings based on their situation?

And that story on the company dishing out fines was different, that was a privately run car park and private company giving a 'fine' they weren't legally authorised to do. Mine was received from the Office of State Revenue via the council so is a valid ticket.

So why exactly didn't you get the ticket in a car park you have used many times prior and did get a ticket?

I would agree with you if it was the first time you went there, the conditions were stupidly small (as they generally are) and the ticket machine is not obvious.

An oversight on your part is not the councils fault. Much the same as someone getting done 5km over in a 60 zone. Common oversight we all do but if you get done so be it. Luck of the draw.

Powdered Toast Man · 20-06-2012, 12:40 PM

So you have to get a ticket but it is free for the first hour. Does that mean that if you only intend on staying an hour you would just get a ticket out of the machine for free?

If this is the case and it is clearly sign posted then unfortunatley I dont think you have a leg to stand on legally. Frustrating I know, when you have done the right thing all other times and the one time you accidently stuff up you get fined, but thats life unfortunately.

FordACE · 20-06-2012, 12:42 PM

We learn from our mistakes. It would be easier to pay the fine than to worry about disputing it.

I do agree though, if there is a car park that requires a ticket, it should be at the entrance. I have nearly done the same thing before until I noticed a ticket machine as I was walking out of the park.

jpd80 · 20-06-2012, 12:44 PM

Quote:

Originally Posted by Yellow_Festiva

So why exactly didn't you get the ticket in a car park you have used many times prior and did get a ticket?

He said his wife normally gets the ticket but wasn't there this time....

I don't think he was blaming the cook though, that'll get you shortened up quick smart...LOL

xbxd351 · 20-06-2012, 12:49 PM

Take it to court and plead not guilty if you want the fine scrapped worst case scenario is you will cop another 30-40 bucks court costs if you're found guilty but they could also reduce the fine as the court can impose whatever penalty it sees fit regardless of what the set fines are. I can't remember the last time I had to pay a parking fine I challenge them all and a lot of times they just get withdrawn before the court date or the summons never arrives. Only thing against you is you didn't do yourself any favors asking for a review as they can use this in their evidence. No harm in giving it a shot if you don't mind losing a day of your life in court.

RedHotGT · 20-06-2012, 01:02 PM

So - let me get this straight.

You park at a carpark - where the first hour is free.
You still need to go to the machine, and press a button for a 1hr ticket - which is obviously to prove when you began parking there.
If you are there for more than 1hr, you would normally be in a position to be fined.

In the OP case, you've not got the free ticket (or a paid ticket), therefore the parking/ticket inspector has seen you have no ticket - therefore can't place exactly when you parked / and you have no valid ticket, so you've been fined.

I would have written a letter asking for discretion, admitting you made a mistake, and apoligised of course. But at the end of the day - they've said no.

I'd be interested whether it is a 'council fine' or if it is a private company on behalf of the council. They're in the business of making money from fines.....

MITCHAY · 20-06-2012, 01:29 PM

Lol this happened to me too. There is a carpark which had 1 or 2hrs free. I came back and had been fined thinking wtf because I never have used a ticket before. I decided $88 wasn't worth the time or effort to try to contact someone and **** around for god knows how long to get it withdrawn.

Ben73 · 20-06-2012, 01:39 PM

What's stopping someone from returning every hour to get another ticket so they can park for free all day

TZENU · 20-06-2012, 01:43 PM

Live and Learn hey!!!

Having used my car for weddings i have been booked twice for parking outside the front of churches (car was there no longer than 20 min on both occassions)...Paid it and moved on..
When the aim of the game is to make money for their local council anyone and everyone will get caught out.

xbxd351 · 20-06-2012, 01:49 PM

Quote:

Originally Posted by loftie

So - let me get this straight.

You park at a carpark - where the first hour is free.
You still need to go to the machine, and press a button for a 1hr ticket - which is obviously to prove when you began parking there.
If you are there for more than 1hr, you would normally be in a position to be fined.

In the OP case, you've not got the free ticket (or a paid ticket), therefore the parking/ticket inspector has seen you have no ticket - therefore can't place exactly when you parked / and you have no valid ticket, so you've been fined.

I would have written a letter asking for discretion, admitting you made a mistake, and apoligised of course. But at the end of the day - they've said no.

I'd be interested whether it is a 'council fine' or if it is a private company on behalf of the council. They're in the business of making money from fines.....

Come to think of it this may well be one of those private company fines. They always seem to charge $88. Verify that its not a private company like carepark first. If it is then disregard the fine and any letters they send you after not paying and it will eventually go away.

creative · 20-06-2012, 01:50 PM

Im not sure how the parking system works over here but in the uk there are 2 types of fines. One is from the council and is just that, a fine and must be paid.

The other is from a private company, for example, they patrol supermarket car parks etc and even thought they look and say they are fines, they are not. They are classed as an invoice and non enforcable. You ignore it and they go away....

Kryton · 20-06-2012, 01:52 PM

Quote:

Originally Posted by xbxd351

Come to think of it this may well be one of those private company fines. They always seem to charge $88. Verify that its not a private company like carepark first. If it is then disregard the fine and any letters they send you after not paying and it will eventually go away.

I wish some people would learn to read before they post:

Quote:

Originally Posted by falconboy

Mine was received from the Office of State Revenue via the council so is a valid ticket.

turbodewd · 20-06-2012, 01:54 PM

this is thread worthy?!

xbxd351 · 20-06-2012, 01:59 PM

Quote:

Originally Posted by davway

I wish some people would learn to read before they post:

I know exactly what was written in the OP's post I specifically said VERIFY this means to check and make absolutely sure. These private companies are scammers and often try and fool people into thinking they are authorized by the council.

Yellow_Festiva · 20-06-2012, 02:12 PM

Quote:

Originally Posted by jpd80

He said his wife normally gets the ticket but wasn't there this time....

I don't think he was blaming the cook though, that'll get you shortened up quick smart...LOL

Was more of a rhetorical question....

BionicXR6 · 20-06-2012, 02:13 PM

Quote:

Originally Posted by Yellow_Festiva

There is a Maccas out the back of Blacktown that has the same system. I was in a rush and didn't read the 'conditions of entry' essay at the entry. Lucky I was told that they had a ticket aystem for the free time by another person or I would have also been done as there was an iunspector doing his job. The ticket machine was not at the entry.

Interesting, I've never got a ticket when I've been there

will have to take a better look next time!

V8GT · 20-06-2012, 02:25 PM

ignorance of the law is no excuse.
just pay the fine and move on, you don't want to risk getting court costs on top of the fine.

Yellow_Festiva · 20-06-2012, 02:26 PM

Quote:

Originally Posted by BionicXR6

Interesting, I've never got a ticket when I've been there

will have to take a better look next time!

It's either Blacktown or Penrith. I was with the wife dropping off some paperwork at the Department of Education and had breakfast afterwards.

Would have been costly it it wasn't for a person looking out for others.

chamb0 · 20-06-2012, 02:42 PM

Quote:

Originally Posted by Ben73

What's stopping someone from returning every hour to get another ticket so they can park for free all day

The fact that you have to return, every hour, to get another ticket...

xisled · 20-06-2012, 02:43 PM

Ok the OP has said it was the council that has fined him not a private company.

Basically it is easy to prove he was not parked there for more than an hour. The inspectors should have a log of what time they do the rounds. If they have not done a round and just fined him for not having the ticket you may have a way out of it.

Most states have a parking infringement court that is set up specifically for these offences so you will not be wasting the courts time.

I would fight it, there will be court cost and such if you lose but it will not be a hug amount.

I hate ticket inspectors, I have a parking permit and I get fined at least once a week, even tho I display my permit. Most of the time I get the fine withdrawn, but I have had to go to court over a few which have all be thrown out.

falconboy · 20-06-2012, 03:20 PM

I did not once say I didn't deserve a ticket at the time based on the situation.

My issue is what I feel is the complete lack of discretion given the situation and previous good record where I felt it should have been given.

Seems my opinion isn't shared. Oh well, I expected that I guess.

falconboy · 20-06-2012, 03:21 PM

Oops, double post.

falconboy · 20-06-2012, 03:23 PM

Quote:

Originally Posted by Yellow_Festiva

So why exactly didn't you get the ticket in a car park you have used many times prior and did get a ticket?

As I've said, it was an oversight, its not usually me that gets a ticket when I'm there, and heavy rain and concentrating on what I was there to do it slipped my mind.

That's what discretion is supposed to be used for.

I guess I'LL PAY IT, move on, and write them a strongly worded letter telling them how disgusting I think their revenue raising practises are.

Seeing I'm so badly in the wrong to expect better discretion, I'll be leaving this thread and you can talk amongst yourselves if you like. Enjoy.

pundit · 20-06-2012, 03:31 PM

Just pay it!, why bother sending them a "strongly worded letter" when you stuffed up. I would highly doubt they would take any of it onboard, hell would be a laugh to pin up on the wall in the smoko room tho. Every action comes with a reaction and well if you have parked there 100 times before then you know that its needed. People trying to find a loop hole out of everything really do my head in.

falconboy · 20-06-2012, 03:36 PM

Probably pundit, but letting them know what I think of them will make me feel better.

I'm stunned of the responses against me.

If I had accidentally spun my wheels pulling out of a driveway and got a ticket for it half the forum would be behind me asking for leniency with maybe a couple telling me I should have been more careful.

I can't believe it!

Fine, if I'm so wrong and its such a bad thing to expect a warning then I'll just move on.

Thanks for all the support. Ha ha