Melbourne CBD Parking Fine - Should I Go to Court?

Lchess on 16/06/2015 - 12:11

I received a fine for stopping in a no stopping zone, but I never stopped there
I stopped directly opposite the no stopping zone in a 5 minute parking zone

Wrote to City of Melbourne to contest the fine and asked for photographic evidence
They responded to me with a photo of the parking sign and the following paragraph

"We note you claim that your vehicle was parked in ‘P 5 minute’ area and not in a ‘No Stopping’ area. Having referred to notes and photographs taken at the time and, having spoken to the issuing officer, there appears to be some inconsistency in the respective recollection of the location of the vehicle. The officer has recorded that your vehicle was observed outside 111 Bourke Street and this matches with the photograph of the sign taken by the officer at the time. The sign applicable in that area is ‘No Stopping’ Buses Stopping less than 30 minutes excepted’. Based on the information we hold, we are satisfied that the notice has been issued correctly."

Is this a legitimate fine? They don't even have evidence of me parked there.

To have the matter reviewed again I will need to go to court.
Does anyone have experience in taking the matter to court?
The fine is for $150, will going to court cost an absurd amount of money?

Thanks in advance for your help!

Poll Options

  • 37
    Go to court, you need justice!
  • 3
    Suck it up, pay the fine, it's not worth it.
Automotive

Comments

  • spackbace on 16/06/2015 - 12:17

    How much will you earn in a day instead of going to court?

    • spackbace on 16/06/2015 - 14:02
      -1

      To elaborate, if you're earning more than $39k after tax, it's cheaper and easier to pay the fine and not spend all day in court.

      • spackbace on 17/06/2015 - 16:04
        +2

        Really, negged for stating the obvious?! A parking fine isn't exactly going to stop you from getting a job later on. The day in court could be just that, a full day spent sitting around waiting. If you're not getting paid that day at work, it could cost you more than the $150 in lost revenue!

        Sigh commonsense apparently isn't obvious around here

  • NancyCat on 16/06/2015 - 12:19
    +1

    So all they have is a photo of the parking sign? Is your car in the photo at all?
    Did you take a photo of your car in the P5 spot?…Or any photo?

    • [Deactivated] on 16/06/2015 - 13:51
      +2

      I was about to ask something similar.

      It is great that they have a photo of the sign, but do they have a photo of your car next to the sign?
      Big difference, as a photo of just the sign doesn't prove anything

  • thereisriceandcurry on 16/06/2015 - 12:28
    +1

    If you are 100% certain you were parked in a P5 area, and they do not have any evidence of your vehicle parked in the no-stopping zone aside from the word of the parking guy, then firstly tell that to the parking people and say given you do not have proof of my car being illegally parked I will be contesting this in court.

    If you're sure you are in the right, which would explain why they dont have a photo of your car parked next to the no stopping sign, only the sign, there is no evidence against you, and so you would win in court. Might have to go to full trial if it comes down to your word vs their word without evidence.

  • QW3RTY on 16/06/2015 - 12:34
    +6

    The officer has recorded that your vehicle was observed outside 111 Bourke Street and this matches with the photograph of the sign taken by the officer at the time.

    Request a copy of the report and photograph. Easy peasy. Either:

    1. They're crudely photoshopping your car/sign in order to commit Government-endorsed fraud (0.01% probability)
    2. They haven't actually reviewed the information and sent you the response as a dismissive stop-fighting-us-and-pay message (0.09% probability)
    3. You're actually mistaken and you indeed parked in a No Stopping area. (99.90% probability)
    • cypher67 on 16/06/2015 - 13:19
      +1

      Cmon option 1! Who doesnt love a good conspiracy

    • sparkles on 16/06/2015 - 13:22
      +5

      I reckon it's a 99% probability of option 2. They wouldn't be reviewing any damn thing. It would be

      1. Pick standard letter out of list (based on closest match)
      2. Add name, address, rego, alleged address and photo from database
      3. Press send

      Go to court, fight fight fight! Think of the bargains you could get for $150! So much KFC, Eneloops, maybe even a trip to Hawaii if you wait long enough LOL.

  • pjetson on 16/06/2015 - 13:23
    +1

    Can you post the image that they sent you?

  • chill on 16/06/2015 - 13:44
    +2

    You don't ask to see the photo. You tell them you were not parked in the spot and that if the fine is not immediatly dropped you will have the matter determined in court.

    That always gets the required response.

    But to be honest OP you don't seem too sure that you are in the right

    Is this a legitimate fine? They don't even have evidence of me parked there.

    So be careful.

  • cypher67 on 16/06/2015 - 13:48
    -4

    If in doubt call the Bikies

  • rambutann on 16/06/2015 - 14:00

    Take that shit to court.

    I know somebody that went to court when they claimed he crossed a train line on foot whilst the gates were down.

    He went to court, pleaded not guilty and then spoke to the police dude and he just revoked it as they had no actual evidence.

    • cypher67 on 16/06/2015 - 14:12

      Word of caution though, if there is more then one officer, they act as a witness to the other and thats all the evidence they would need. Doesnt apply here but my mate tried this for not wearing a seatbelt but they both said they seen him without it on and that was enough.

  • Dark Zeus on 16/06/2015 - 14:12
    -3

    Google Street View / Map tells this -

    https://www.google.com.au/maps/place/111+Bourke+St,+Melbourn…

    Image is location on 123 and 111 Bourke Street Melbourne.

    It says - "BUSES STOPPING LESS THAN 30 MINUTES EXCEPTED". So is your vehicle a bus?

    Pay the fine and learn the lesson.

  • cho0kie on 16/06/2015 - 14:16
    +7

    Go back to the area, check the signs the buildings and surroundings. Go to court
    Be firm that you DID NOT park there. State your reasons.

    For me I work on collins st and they said I parked in a loading zone and I know for a fact i parked in the last bay before the loading, why on earth would i pay the meter otherwise.

    It became a he said she said but ultimately I was adamant I did not park in loading bay and unless they can prove otherwise I will continue to refute this fine.

    I didn't cost me anything to go, I did have to take a day of annual leave. It actually cost them more to than it cost me.

    But nothing feels better then that glorious retraction letter.

  • pjcook on 17/06/2015 - 07:41

    Go and take a photo of the 5 minutes parking sign and use that as evidence against them in court, along with a statement that to the best of your recollection you were parked in the 5 minute zone.

  • SlickMick on 17/06/2015 - 08:28

    Brisbane City Council once fined a whole street of cars legally parked - the illegal area was the other side of the road. Myself and a colleague both refused to pay, and it took months for BCC to say no need to pay (no acknowledgement that they'd stuffed up).
    Sounds like this is a similar case… they seem more insistent that they're right, but the lack of evidence seems dodgy. If you're innocent, then I'd fight it.

  • itsme on 17/06/2015 - 10:54

    Take it to court. A few days prior, call the prosecutor and explain you will bring the inconsistent recollections of the parking officers to the attention of the magistrate, and that they will need to attend court to be examined. They won't want their parking officers tied up for a day in court losing revenue. Going to Mag Court is quite straightforward, the magistrates are used to hearing these and will likely dismiss the fine. BTW most of the MCC prosecutors there are not even lawyers…

    • chess on 09/05/2016 - 15:09

      Right on the money.
      I didn't call the prosecutor and let it go to court which was then subsequently adjourned but ultimately the inspector was required to attend the adjourned hearing and he didn't show up which mean I won by default.
      Not quite the justice I was looking for but I guess a win is a win.

  • ssmith3104 on 17/06/2015 - 14:35

    Go to court. You are innocent until PROVED guilty.

  • backpaqer on 17/06/2015 - 15:00

    Photographs… The only way you can count the blades of a spinning windmill. You'd have to be speeding to get motion blur in the cbd. I've fought a parking fine in the cbd before and got off but it wasn't easy. I'd try to reason with the council first and make it clear you don't believe you broke any laws and that you are prepared to take it to court. Not only do you have to take a day off work… But they have to pay someone to turn up and defend their position. The truth is that magistrates are generally well balanced people and she/he will determine the merits of the case based on the evidence. For you is your conviction of innocence (prepared to take things to court), your images of where you parked your car and any signs in the immediate area and will accept that a normal person does not take a photo of their car every time they park their car (though I have dash cams I can use as evidence as to exactly where I stop) and you will keep copies of your discussions with council that shows you being reasonable in asking questions and contesting that there is reasonable doubt.

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