Help with parking ticket

Lxe191 on 27/09/2014 - 10:47

Hi guys,

I'm looking for some advice on possible options I have regarding a parking fine at University.
I was at uni all day and purchased an all day parking ticket for $3.
I left uni and drove nearby for dinner with some friends, and came back. One of my friends left a roll of paper on my dashboard, covering the TOP HALF my ticket.
The university fined me for failing to display a valid permit.
I launched an appeal explaining my cause and sending them a scan of the original parking ticket. The appeal was denied as "adequate grounds for withdrawing the infringement have not been presented"

What are my options as of now? Has anyone been in a similar situation?
Also, it's worth noting that although the top half of the ticket (Purchase Date, Price) was covered, the bottom half was still visible (there is a receipt number shown). If the parking inspector had taken the time to record any details that were visible on my parking ticket (ie. Receipt number), then the university could have confirmed that the ticket I scanned them is the same ticket that was in my car.
I believe it is reasonable that the parking inspector should record any available information if they are going to fine me, especially since half of my ticket is visible. However, I think he just took a picture of the dashboard and the receipt number is illegible.

I have uploaded a picture of the ticket. The top half of the ticket was covered approximately halfway, indicated by the shaded red area.

http://imgur.com/S0i2IGm

Thanks for your help

Automotive

Comments

  • pjetson on 27/09/2014 - 11:44
    +14

    If you've made an appeal and they've refused it, I think your only option is to pay the fine. It seems to me that they are technically correct in that you didn't display the ticket.

    • Paul Atreides on 27/09/2014 - 11:54
      +10

      I would agree with this unfortunately. In their eyes, you could have taken someone else's daily ticket and scanned and uploaded that. They would have taken a photo with your car showing that the ticket wasn't clearly displayed.

      When I used to be at uni, people used to do this this intentionally all the time (not saying you are), and I guess in this instance, you would have been assumed to be one of those people.

      Pay the fine and learn from this.

    • striker5950 on 28/09/2014 - 18:52

      yep sorry bud, same thing happened to me, if it gets refused, you have to pay up.

  • Ughhh on 27/09/2014 - 11:55
    +7

    The appeal was denied as "adequate grounds for withdrawing the infringement have not been presented"

    Would that be because you e-mailed (I assume) a scanned copy? Have you tried walking into the office to show them the ticket?

    • blitz on 27/09/2014 - 13:00
      +4

      Have you tried walking into the office to show them the ticket?

      Definitely this.

  • NancyCat on 27/09/2014 - 12:03
    +11

    I think you have 2 options:
    A. You pay the fine.
    B. Make your friend pay the fine (or at least 'contribute' to the fine).

    • [Deactivated] on 27/09/2014 - 18:46

      Or split the bill in half to reduce the financial strain on yourself.

  • ozhunter on 27/09/2014 - 13:38
    +7

    Parking tickets need to be visible, your one was not. I think they were right in issuing you a fine.

    • diddy50 on 28/09/2014 - 19:18
      +2

      But if you have one to prove you bought it, you should be let off.

      • effgee on 28/09/2014 - 22:11
        +1

        that would be fair and just. But sadly this is a matter of law and parking revenue. OP is screwed.
        Options are:
        - suck it up and pay now
        - wait a while and pay more later after costs are added

        • [Deactivated] on 30/09/2014 - 00:01

          I think you hit the nail on the head with the words "parking revenue". Good luck but let's be honest, the judge is the same person running a business. You're the customer, time to pay up…

      • GnarlyKnuckles on 29/09/2014 - 19:08
        -1

        "But if you have one to prove you bought it, you should be let off."

        Whooaa, let's just think about that for three seconds there P-diddy. Any uni' student with a few mates could acquire a payment slip that someone else had bought/used/ (not to mention successfully managed to display on their windscreen, thus avoiding a fine) on the day… it doesn't prove that he bought that ticket on the day… you only get one chance to do that… and it's ON THE DAY, by displaying it ON yer freakin' DASHBOARD.

        I'm tempted to ask this guy what he is studying.

        I BET IT AINT ROCKET-SCIENCE!

        • jm2014 on 30/09/2014 - 11:47
          +1

          It's quite scary with the general consensus being that guilty until proven innocent applies for revenue raising, but that's how it is I guess. The fact that it is an all day ticket and valid, nothing stops people from transferring tickets when they leave the car park (although I don't exactly agree with this), but it is certainly the responsibility of the car owner to correctly display the ticket - so no genuine sympathy. Be nice to have a way to prove it though (like student account linked to ticket).

        • argamond on 30/09/2014 - 13:55

          @jim14:

          Innocent until proven guilty is only present in CRIMINAL cases. In civil cases, the burden of proof is much less.

          And technically, the OP did admit to not displaying the ticket - thus failing the terms of the ticket. It is not enough to buy a ticket, it must be properly displayed as well

        • jm2014 on 30/09/2014 - 15:18

          @argamond:

          Yes the first part is accepted, I meant the general approach and acceptance of it that is scary, not that it is an incriminating event. The second part you mentioned was also accepted in my post, thus why I have no genuine sympathy for the OP.

    • jm2014 on 29/09/2014 - 15:35

      Though it is pretty upsetting that this has become something that needs to be readily accepted, especially if they did actually pay for the ticket legitimately (although when I park at uni I ensure the ticket is fully visible as they do love to fine people).

  • Randxyz123 on 27/09/2014 - 13:58

    Do you have a photo of the ticket in your car with the roll covering the date…?

    Maybe otherwise suggest to your friend that they should contribute to the ticket or at least shout you a few drinks…

    • ozhunter on 27/09/2014 - 15:11

      Do you have a photo of the ticket in your car with the roll covering the date…?

      He posted it http://imgur.com/S0i2IGm

      Whole top half was covered, only info in the bottom half that would be of any importance is the Receipt number. I don't see how the OP thinks if that if the receipt number showing that it would be ok.

      It even says in big font to make sure it is visible.

      • xe191 on 27/09/2014 - 15:17
        +6

        If the receipt number of the ticket in my car matches the receipt number of the ticket I uploaded, then it proves that there was a $3 all day ticket for Monday 1st September 2014 in my car at the time

    • diddy50 on 28/09/2014 - 19:08

      They should have a photo of it. They take photos when they fine you.

  • xe191 on 27/09/2014 - 14:28
    +3

    Thanks for the replies guys. I do not have a photo of the receipt in my windshield as I was not thinking at the moment. I will bring the ticket to their office and have a talk with them about it, good idea.
    I understand that my ticket was not visible, but I do feel it is reasonable that the parking officer should have recorded what was visible for future reference if they do intent to fine me, in this case the receipt number which proves the same ticket was in my car.

  • GnarlyKnuckles on 27/09/2014 - 16:16
    +13

    I assume that you understand their reasoning? Which is that anyone could display half an old ticket, every day, then if they get a fine they could just borrow a ticket from someone who actually bought one on the day, scan it, and present it in an effort to get out of the fine.
    Also, there is simply no onus on the inspector to do "detective work" i.e. photograph receipt numbers on the visible half of the ticket, try and match them to an ticket sold through the machine etc.; it is not reasonable to expect them to have done that. The rules are simple, and clearly stated, and you didn't abide by them.Therefore, your only option is to pay the fine. I suggest you draw a line under it, and move on.
    Personally, I reckon you're morally justified in asking your friend to pay the ticket; it's completely their fault, after all.

  • [Deactivated] on 27/09/2014 - 18:49
    +6

    It clearly says "…with expiry date visible…". Just take this as a good (and expensive) lesson for you AND your friend to make sure parking tickets are placed properly before leaving the vehicle. How much is the fine by the way?

    • djones145 on 27/09/2014 - 19:34
      +1

      Pretty much this. It's printed on the ticket that you must show the expiry date. U might have been able to complain with it wasn't on the ticket that you couldn't see the sign saying u have show the expiry date for some reason but it's on the ticket

    • xe191 on 27/09/2014 - 22:18
      -1

      $55

      • [Deactivated] on 27/09/2014 - 22:52
        +3

        IMHO, not worth the trouble challenging it. Split the fine with your friend and get over it.
        Just very curious, could you take a picture of the "roll of paper" that covered the ticket? Such coincidence. And who would leave a "roll of paper" other than parking permits on a windscreen?

        • xe191 on 28/09/2014 - 09:30
          +7

          I didn't take a photo but this was the best I could do on paint :)
          http://imgur.com/usL2jFt

        • diddy50 on 28/09/2014 - 19:20
          +5

          He should challenge it, it's $55. He needs to call them and ask for the meaning of the fine upheld. Provide them sufficient evidence. And honestly, if you have a ticket and you elected to go to court it would be withdrawn before hand, from council experience it should have been withdrawn.

          If it is a council.

        • DarwinBoy on 28/09/2014 - 22:05

          Depends on your council. Up here In Darwin you wouldn't get it withdrawn.

        • GnarlyKnuckles on 28/09/2014 - 23:29

          @diddy50:

          "If it is a council."

          On Uni property, it will not be council.

        • kwaker on 29/09/2014 - 07:49
          +2

          @GnarlyKnuckles:

          it might not be a valid fine then. a lot of private companies think they can just fine people at their own discretion and its not true. recently a man took on one of the private car parking companies for doing this and won. they will only be awarded reasonable expenses and they cant justify that they lost (or it cost them) that significant amount of money because he didn't pay for his original ticket.

          if you annoy them enough though they can always refuse you or get your car towed off their property and you end up paying for it later. is it worth it? at the end of the day you should weigh up the stress of having to argue about it over how much it is. I wouldn't fight it but its up to you

        • tomwood on 29/09/2014 - 07:59
          +1

          @xe191: I didn't take a photo but this was the best I could do on paint :)
          http://imgur.com/usL2jFt

          that's a pretty funny/strange occurrence!

        • Olokun on 29/09/2014 - 10:05

          How is UQ a private company?

        • diddy50 on 29/09/2014 - 20:23

          @Olokun: well it's not a publicly listed company nor a government body. So it's a private entity or a public institution?

      • Evil-Elmo on 29/09/2014 - 11:54

        Why do so many people neg his post with the fine amount? It's a fact. Is it wrong in some way? was the fine not actually $55? I don't get it.

        • GnarlyKnuckles on 29/09/2014 - 18:40
          +4

          "Why do so many people neg his post with the fine amount?"

          Sometimes peeps on this site use the "power of the neg" to express their disgust anonymously/almost effortlessly, even in cases where it takes a tiny bit of "thinking outside the box" to understand what the meaning of their negging is. Call it an "in(tuition) club" of which you are evidently not a member.

          In this particular case, with one little anonymous click in the "neg-box", the peeps are saying:

          "Sh#t hombre, you wasted your own time, all our time here, and the time and resources of UQ, no doubt at the expense of other students and the tax-payer (etc.), OVER FIDDY-FIVE CLAMS that you could presumably have split with your dumb-sh#t mate Boso the drunken fu#kin' clown anyways?"

          I sincerely and respectfully hope that this carefully considered explanation clarifies the matter for you somewhat.

  • modsec802 on 27/09/2014 - 18:49
    +1

    How much is the fine?

    • ozhunter on 27/09/2014 - 21:01

      It was $20 for me 2 years ago at Curtin uni.

      • modsec802 on 27/09/2014 - 21:10
        +2

        If it's $20 there's no point even having this discussion thread. Pay the $20 or split it with your mate $10 each. That's one or two drinks at the pub.

        • kwaker on 28/09/2014 - 09:01
          +1

          its not $20 as the op said above its $55

        • Shwayne on 29/09/2014 - 17:02

          5 at a real pub.

      • umoddbro on 29/09/2014 - 20:33

        Its about $50 now.. And with the new Cellopark system you're more likely to get a fine. I wish they'd bring back the permits.

  • ramb9 on 28/09/2014 - 03:54
    +9

    Parking is so cheap over there! what the hell…

  • mattnut on 28/09/2014 - 09:23
    +11

    Same parking ticket as when I was at uni.. I used to print them myself. Scan it and change the date ;)

  • iSamurai on 28/09/2014 - 14:54

    ahh… UQ ozbargainer :)

    good luck with your ticket problem though… I've heard so many stories from mates and parking at uni.

    I know they could get the expiry from the receipt number, but the ticket did specify the expiry date must be displayed. It's just one of these arguments you can never win with P&F. Just pay the fine and learn from the mistake, and as someone above suggested, consider splitting the fine with your friend.

  • smpantsonfire on 28/09/2014 - 16:39
    -1

    Is it even legal for them to fine you? I mean collect the funds? You should have thrown the parking fine away.

    They don't(didn't) know who was the driver of the car, and chances are they wouldn't have bothered going to Police/Vicroads to get the rego ran for a contact address.

    They aren't even real fines unless they are from the council, and technically have no authority to legally fine you.

    • Olokun on 28/09/2014 - 18:00
      +3

      I think you should do some research before making these comments. University do have powers to issue infringement notices through authorised officers.

      • snook on 28/09/2014 - 18:22

        this is true

      • diddy50 on 28/09/2014 - 19:10
        +1

        Unless council issues it on behalf of the uni that is not true. Only a government can issue an infringement.

        Is it a council labelled fine or directly from the uni?

        II am more than happy to be corrected. But private companies can't issue fines.

        Edit : if it is from the uni, they won't graduate you unless you pay off all bills.

        • Olokun on 28/09/2014 - 19:57

          Please refer to the university of queensland act 1998.

          http://www.pf.uq.edu.au/parking/infring.html

        • diddy50 on 28/09/2014 - 21:44

          @Olokun: thanks, didn't realise qld took parking so seriously in unis. Wow

        • Olokun on 28/09/2014 - 22:19
          +1

          @diddy50:

          It's the same for VIC and I would imagine most if not all states. There are also many places which have similar legislation which enables the authority to issue infringement notices such as the fruit market in VIC.

        • Gareth on 29/09/2014 - 10:56
          +1

          @Olokun: Also completely true here in WA. Each of the Uni's have state legislation which not only creates them, but also gives them authority to control their lands, including having delegated officers with the ability to fine.

          Also in WA if fines are not paid (or disputed - taking the matter to court) they quickly go to the Fines Enforcement Registry which follows up (with extra fees) prior to your drivers license being suspended (as a first step).

  • TtiGeR on 28/09/2014 - 20:53
    +7

    Did you provide the credit/debit card used as a proof as well?

    The receipts showed that your card number ended in 601 with an expiry of 07/17.

    At least you can then prove that you paid the daily parking rate using a card under your name on the same day and before the officer issued the fine.

    I don't know if you get the same fine for:
    a) not buying the ticket;
    b) not displaying the ticket properly.

    Try talk to them again with your card as the proof of payment. Assure them that you will learn from the mistake and will always display the ticket properly.

    If they still refuse to withdraw the ticket, ask what other actions you are allowed to take if you disagree with them. There must be external channels to review the infringement notice.

    You may also talk to your student union to seek advice.

    • TtiGeR on 28/09/2014 - 21:09
      +2

      Some (or many) would disagree with me, but if I were you and I have to pay the fine in the end, I will pay the fine but talk to my bank to chargeback the original $3 as you did not receive the fine-free parking service that was originally paid for. Technically, a chargeback will cost them more than the refund.

      PS. The format of the ticket is quite informal. While it mentioned GST free, it did not print the ABN. Although the original ticket said that "Please place ticket on dashboard with expiry date visible from outside of vehicle", I don't see it's legally enforceable because it failed to say:

      1) You "must" do it
      2) Fines apply if you don't display it properly

      • syousef on 29/09/2014 - 10:52

        Bad advice. The uni is not responsible for his lack of compliance with the terms and conditions under which the item was sold. He paid the $3 and received a ticket. There is no merit to the chargeback and chances are the bank will refuse to issue it. Even worse if it did go through the chargeback could be flagged as fraudulent which would be a whole new expensive mess.

  • Charybdia on 28/09/2014 - 21:18

    I think the ticket is quite clear "Please place ticket on dashboard with expiry date visible from outside of vehicle" - this is a condition imposed upon purchasers of the ticket in order to benefit from it.

    You failed to do this, it was covered up.

    Thus failed to comply with a condition of the ticket.

    Thus the benefit of the ticket (right to park all day) is lost.

    Seems pretty straightforward and logical to me.

    "I believe it is reasonable that the parking inspector should record any available information if they are going to fine me, especially since half of my ticket is visible"

    I don't think they are obliged to record every bit of information for a 'just in case' scenario. They provided clear instructions in large font and it would have been more than reasonable that you follow it. As a side note, I wouldn't be surprised if the parking inspectors sometimes encounter people covering up their parking ticket's expiry date on purpose (though this is clearly not what has occurred in your case) thus this is why they need to ensure that the ticket's expiry date is visible from outside a vehicle.

  • diddy50 on 28/09/2014 - 21:46
    +1

    So what's the offence, Failure to display a valid ticket?

  • [Deactivated] on 28/09/2014 - 22:50
    +1

    fart in the general direction of the Chancellor / Dean ?

  • umoddbro on 29/09/2014 - 00:37

    Just suck it up. The ticket clearly says that the expiry date has to be visible, which it clearly wasn't.

  • iSamurai on 29/09/2014 - 07:10

    did they mention anything about penalty points as well? I never paid attention to these signs until this post…

  • cloudy on 29/09/2014 - 10:06

    This is very unfortunate and sucky, happened to my gf, she bought a ticket and left it on dashboard, but when she returned to car, it was blown little down a gap, and wasn't 100% clear to the inspector. So she got fined. I think the whole system of displaying ticket on dashboard is poor. As the car is not air proof and many instances of people doing the right thing, but being fined for innocuous mistakes.

    Dashboards are not made to hold tiny pieces of paper and display information, but what can u do :(

    • cloudy on 29/09/2014 - 10:10

      I might also add, I've read of court cases where the ticket was paid with a credit card and the owner has won against the parking agency even though the terms say display ticket.

      The crux of the issue is, If the person has parked, he should pay and if he has paid he shouldn't be fined. That's what the courts would look at if challenged. But u do have the onus to prove u have paid, which is hard if u paid in cash.

      • djones145 on 29/09/2014 - 10:27

        if you feel like going to court to contest a $55 dollar fine u can try
        prolly depends on how the judge feels that day!

        its pretty clear on the ticket what you have to do, but good luck!

  • sempro on 29/09/2014 - 10:39
    -1

    just pay the man

  • lplau on 29/09/2014 - 11:07

    People just don't understand. Or think that private companies have the right to fine people. They DON'T.

    It doesn't matter about the judge, only the government / council has the right to issue infringement notices and fines.

    If it was issued by anybody other than that, you don't have to legally pay it. There has been a law suit awhile ago which proved this. Care Park tried to fine a heap of people, but got sued and lost due to them not having a right to fine people. Note: Care Park had a big sign saying "YOU ARE ENTERING A CONTRACTUAL AGREEMENT" even with this it wasn't enough to give them the right to fine somebody.

    I'm sure you can find some legistlation online somewhere about this and bring it to small claims court to get it thrown out.

    http://consumeraction.org.au/private-car-parking-fines/
    http://www.lawbuddy.com.au/knowledge-base/private-parking-fi…

    Do not just ignore it though, they may get a collection agency after you, which might mean they will mark your credit history.

    Write them a letter quoting the law suits and prove to them they have no right to fine you.

    • bhm133 on 29/09/2014 - 11:53
      +1

      Don't do this. It it's asking for a fight over a small ticket. However, technically this is correct I believe but why the hassle when you are a student there and the Uni could withhold your transcript or whatever as you have not paid up.

      Never get angry or confrontational. It makes the other side dig their heels in and want to punish you more.

      • ChickenTalon on 29/09/2014 - 11:59
        +1

        Exactly, do not do this.

        Any debts owing to the uni and you could find yourself un-enrolled and your degree withheld. We aren't talking about some chump running a private carpark here. The uni has plenty of leverage.

        • lplau on 29/09/2014 - 12:15

          Uni has plenty of leverage doesn't mean you should succumb to their unlawful fining.

          If they do un-enroll you or degree withheld, you can sue them for the transcripts and then sue them for damages, e.g. all the salary lost between your "expected graduation" and until the law suit is complete.

          See the above lawsuits about a similar result that people were suing for when Care Park threatened them with law suits and more fines. If they withhold your degree and un-enroll you, you can easily argue that it is excessive and the chances of the uni actually winning is extremely slim.

          Don't get angry, just give them the facts.

        • ChickenTalon on 29/09/2014 - 12:23

          @lplau: not saying you wouldn't have a case to sue them and win, and be crowned king of the carparks etc etc.

          I am saying it's not worth the hassle. They have leverage, you can't just ignore them.

          You might also find that they are operating under different laws to your private carpark. Universities are established by acts of parliament, which give them different powers to some chump running a carpark. I don't know in this case, but i know that "suing the uni" isn't a great option.

          You'd also find the university highly motivated to fight the case, they do not want to have to deal with their parking restrictions and fees becoming un-enforceable.

          edit: here is the one for Sydney uni, looks like they've got plenty of power. If it came to a court case, I'd have my money on the uni.

          http://sydney.edu.au/visitors_community/getting_here/parking…

        • lplau on 29/09/2014 - 13:24
          +2

          @ChickenTalon:
          Nevermind, Just looked into it even more.

          Most Universities and Hospitals have rights to fine people. They have different rights to Private Car Parks. You will need to look up your respective university and see if they have any special Acts for them which allows them to fine people.

          See the following legislation in for Deakin Univeristy which gives them the right to fine people.

          http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt7.nsf/d1a8d8a9bed958efca25761600042ef5/1d5c733481fd974eca257ae100196f16/$FILE/09-71aa005%20authorised.pdf\

          Melbourne University:
          http://www.legislation.vic.gov.au/domino/web_notes/ldms/pubstatbook.nsf/edfb620cf7503d1aca256da4001b08af/489fcdb5278f3602ca25767f00102b11/$file/09-078a.pdf

          Swinburne University:
          http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt5.nsf/DDE300B846EED9C7CA257616000A3571/C3F7891CB50C84B2CA25780800799D18/$FILE/10-4aa001%20authorised.pdf

          La trobe University:
          http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt2.nsf/DDE300B846EED9C7CA257616000A3571/522BAE4C51F620D4CA2577610024A09A/$FILE/09-75a001.pdf

          Monash University:
          http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt7.nsf/DDE300B846EED9C7CA257616000A3571/35C4A199A77DAFCFCA257AE1001B847D/$FILE/09-76a005bookmarked.pdf

          It does look like you are pretty much screwed and need to pay the fine.

          Final nail in the coffin for the "Private Car Parks" arguement:
          https://ppl.app.uq.edu.au/content/7.10.01-parking-university…

          You can see all the relevant legislation documents here which the govenment has given them power to fine.

    • This Guy on 29/09/2014 - 18:35

      UQ is a public institution, not a private company.

  • bhm133 on 29/09/2014 - 11:50

    My 2 cents.

    I would challenge again asking to see the photo evidence the inspector took on the day.

    You say the roll of paper was on the car and not in the car. So, if I park "wherever" with a valid ticket and some moron places a flyer on my car obscuring the ticket, why should I have to pay a fine? I have in good conscience done the right thing and followed the instructions on the ticket.

    The inspector could have moved the roll to look. I would think the said inspector has not diligently completed their role as inspector to give the fine.

    Take the ticket in. Politely ask to see someone who can help/give advice and ask to see the photo evidence. Discuss the matter calmly. State your views and ask for a review on the infringement.

    If your friend put the roll in the car then they are an idiot and should cough up half if not all the cost of the fine.

    • ozhunter on 29/09/2014 - 12:02
      +1

      One of my friends left a roll of paper on my dashboard, covering the TOP HALF my ticket.

      ummm…. :S

      • bhm133 on 29/09/2014 - 13:17

        Fair enough.

    • ramb9 on 29/09/2014 - 12:03
      +1

      Wasnt the roll inside?!

  • humdogg on 29/09/2014 - 13:04

    you had a valid ticket for a parking spot.

    Despite just about all advising to the contrary, you should fight it on the premise of the above.

    The 'it's not worth your time/hassle' line is crap, you're a uni student.

    *edit: you'd probably lose but if you kick up enough fuss, they may withdraw.

    • ozhunter on 29/09/2014 - 19:05

      You're saying if I buy a ticket and just keep it in my wallet all day, I should not get fined?

      It may of even looked like it was deliberately done by the inspector(covering up the the date and expiry time)

      • humdogg on 30/09/2014 - 09:38

        Yes, if you had a valid ticket for the date of the infringement.

        Do not think anybody was suggesting you can get away with this when you don't have a valid ticket in the first place…

    • GnarlyKnuckles on 30/09/2014 - 02:02

      "You'd probably lose…"

      Erm… So your point is? Or are you just trying to prolong the humiliation for this poor misguided sap?

      • humdogg on 30/09/2014 - 09:40

        Point is that it is worth it for him to fight an uphill battle given the factual circumstances and that he may have more time as a uni student.

  • Roman Sandstorm on 29/09/2014 - 15:19
    +2

    I definitely would not panic about the possibility of the University withholding results, etc from you in the eventuality that this matter dragged on for years/months. And even if ultimately a large debt was accrued.

    Although the parking at the university is covered by The University of Queensland Act 1998, the collection and enforcement of penalties comes under the State Penalties Enforcement Act 1999 (and subsequent regulations).

    That means that if you: a) did nothing, ignored the several letters which would come to you over several months, or b) contested the matter in court and (most probably fairly unlikely), lost, even then the collection and enforcement of the moneys, fines, etc would not be down to the university, but the the state government's collection procedure.

    I would suggest, like it seems about 20% of the folks here, that you politely approach the university parking people, and ask for a review. Explain all the circumstances. Don't promise to be a good boy, that you won't do it again, blah, blah. Needless crawling won't aid your cause. You are an adult, remember.

    If they refuse your request, ask them the procedure to appeal the decision. Get the person's name you speak to. Make sure you are 100% clear on the next step. You WILL have to write a letter to the appealing authority. Be clear and concise. Explain you had a valid ticket. Provide evidence, including your card record if you can. Say that you are prepared to have this heard at an Administrative Tribunal / Small Claims / Magistrate's Court / whatever the Queensland process is for this.

    A worst-case scenario is that you go to this body, and fail. Costs will be against you, but for something so basic they will likely be only $50 - $300 or so. Far more likely is that the case would be withdrawn before appearing. It will cost the university vastly more than $55.00 to represent this at a tribunal/court. And even if they proceed, a magistrate/tribunal head would most likely be sympathetic to your cause, given the circumstances and evidence.

    The world is not just black and white like so many overly-righteous here proclaim ("You did not obey the 1000th millimetre of the law, so you don't have a leg to stand on," sort of crap.) People make decisions in our secular law-respectful society, and the spirit of the law is very often applied over the exact letter when circumstances warrant.

    We should not automatically all give in to authority in all cases. Sometimes we should take a stand, especially if we feel we have natural justice on our side. Even if we lose we learn a great lesson (in how an interesting aspect of our society operates), plus we can rest knowing that we have done our best.

    • GnarlyKnuckles on 30/09/2014 - 02:05

      WOW, way TMI man. FACT IS, they will require the cash, before you can graduate.

  • lplau on 29/09/2014 - 15:57

    They could also ask you "Can you prove that that ticket was yours?"
    You could have had a expired ticket but your friend had a valid ticket, In order to get off this fine, you borrowed your friend's ticket to attempt to prove that you had a valid ticket.

    If they were nice enough, they might let you off with a benefit of a doubt, but if you look dodgy they will just say no.

    • GnarlyKnuckles on 30/09/2014 - 02:14
      -1

      You seem to be suggesting that he send in a scantily clad wuzza, to "argue" his case, Ippers. While this is a suggestion that could prove fruitful, I cannot condone it, simply because it is not an option that would be available to all OzBargainers. I would hope. For xe's sake.

  • badmitz on 29/09/2014 - 17:02
    +5

    I'm more surprised that your university's all day parking is only $3 dollars!

  • Brianqpr on 29/09/2014 - 17:12

    Unfortunately there is no fair right of appeal with these things. I got pinged for parking in an area where there were no signs to say you could not park there. I sent them a photo of the spot, still got nowhere. You just get templated responses and "if you don't like it go to court". It isn't worth going to court over $80 when it could go against you anwyay so they win.

    Very frustrating as I never knowingly break parking rules.

  • xe191 on 29/09/2014 - 20:45
    +14

    Hi everyone, thanks for all the replies I really didn't expect so many, and I appreciate the time everyone has put into this.

    After reading all the replies, I have decided to pay the fine and move on mainly because the condition of valid display of a parking ticket was breached, regardless of whether I did buy the ticket or not. I have already appealed to the Parking and Fines department at uni which rejected it, and I'm guessing it will be pretty hard to push the case further. Also, I am graduating at the end of this year and would prefer not to start any disputes.

    Thanks for all your help

    • ChickenTalon on 30/09/2014 - 08:15

      Good call, not ideal, but chalk this one up to sh*t happens.

      Gotta laugh at all the recommendations around suing the university, taking them to court etc. Be a champion for rights for everyone! Easy to say from behind a keyboard, but the process is a pain the in the arse, expensive, time consuming and with no guarantee of winning. Yeah it sucks, it was an accident and doesn't seem fair. But often, that's just life.

      • lplau on 30/09/2014 - 12:01

        Not really about suing the university.
        Usually organisations back down when you start providing them with relevant laws that they may have broken.

        The organisation would also think the same "its so much trouble, so much wasted man hours, lets just give him a benefit of a doubt and get it over with". They don't want trouble same as you don't want trouble.

        • ChickenTalon on 30/09/2014 - 13:00

          Not really about suing the university.

          right…..

          @lplau:

          If they do un-enroll you or degree withheld, you can sue them for the transcripts and then sue them for damages, e.g. all the salary lost between your "expected graduation" and until the law suit is complete.

          Asside from how funny that is for advice. I'd think you'd find the university would actually take it as far as you wanted. If I was the university I would fight this.

          Once word of mouth gets around on campus that it's easy to dodge a parking fine, and believe me, word would get around. Then they'd be dealing with heaps of fine dodgers.

          and dear god, what laws has the university broken?

        • lplau on 01/10/2014 - 09:44

          @ChickenTalon: None, I was under the impression that university car parks are private car parks. But as my later posts in that thread, it seems like they have special rights given by the government.

          If they didn't have these special rights, then they would clearly be in the wrong e.g. Care Park Cases.

    • Ughhh on 30/09/2014 - 00:26
      +2

      Exactly, we should be allowed to park where ever we wish. Whether its inside the lecture hall or in the middle of the park where all the cool ducks hang out. We shouldn't be fined for having human rights. If I accidentally on purpose punch someone in the throat, I shouldn't be fined by authorities for my mistakes, everyone makes mistakes. Indeed the world should be free, we should be able to snatch that fat kids icecream without getting into trouble, would be doing that kid a favour.

      • [Deactivated] on 30/09/2014 - 00:50

        You totally lost the plot dude. What are you talking about?

  • [Deactivated] on 30/09/2014 - 00:52
    +1

    This fellow done nothing wrong, bought ticket, parked in the right place!
    If uni doesn't like rolled ticket then Print plastic ticket or issue digital tickets as this is a problem in their system.
    They didn't even bother to investigate the matter and ticket shown! If there is enough evidence that ticket has been paid for, then why not dropping the fine?
    Sorry to hear my fellow ozbargainer decided to pay up the fine. Specialty if paid by card shouldn't pay anything at all.
    In any court uni will lose it and should cough up the fine. That's for sure.
    I appreciate what @Morpheus said. Even though I don't like rude or whinging people who look for cheating on our system but in this case I loved the fact he bought the ticket not just looking to get around the fine.
    Wish you the best Op even if decided to pay up and move on.

    • Ughhh on 30/09/2014 - 01:06
      +1

      I think you missed something

      One of my friends left a roll of paper on my dashboard, covering the TOP HALF my ticket.

      While it sucks, its our own responsibility to ensure we're following the requirements of parking in a space that is not your property. If I visited your house, you would expect me to follow your house rules and vice versa.

      OP should smack the crap out of his/her friend.

  • gas720 on 30/09/2014 - 10:59

    do you have proofe of purchase of the ticket??

    did you pay by card?

    show them the reciept to prove it

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