Got Fined for Stopping in No Stopping Area and Fine Letter is Threatening

voldemart on 18/08/2016 - 14:10

Long story short, got fined for stopping in a no stopping area in front Springvale (VIC) shopping center. Thing was, I was blocked by the car in front mine, whose driver decided to stop and wait for car parking space. It took me about 10 secs to finally decide that that car was not going to move any time soon and I managed to pull out to my right and drove off. Apparently I was spotted by a parking inspector and got a fine!

It wasn't an intersection or anything. To me it's like you get fined for be stuck in the traffic in the left most lane while in front a no stopping sign.

The picture is here. The blue rectangle is roughly where my car was and the red circle is the stop sign.

The other thing is the no stop sign is quite far back from my car so I don't even know if it should even apply to my car at the time? All the information from various sources I could find was all very light on detail, so I am keen to find the relevant laws themselves on this.

In summary, my questions are

  1. do I have a groud if I argue I was being blocked by the car in front of me.
  2. if the stop sign applies to my car at the time, given it's quite far back.
  3. I will ask for a review - do I have the right to ask for the pictures taken the inspectors for the fine?
  4. Assume the review doesn't work, and I take it court (and lose), what's rough $$? Will I also get a conviction under my name?

Thank you for your advice in advance. BTW the language they used in the letter is quite threatening, I quote

"…Notice is intended to give you an opportunity to pay the legal penalty without having a conviction recorded against your name and having to pay legal costs which are involved with court cases"

In the letter a request for review was never mentioned as an option. I firstly thought it's not even possible with this council (Greater Dandenong). Only by chance did I find out online it's actually an option. In my eyes it's crafted to deter potential appeals in court (so they can get away with their own mistakes) instead of informing the fine recipient's rights. It in itself is disgusting and should be illegal in my view.

Automotive

Comments

  • Dark Zeus on 20/08/2016 - 15:27
    -8

    Just pay the fine and learn the lesson, princess!!

    • nxllson on 21/08/2016 - 18:52

      get out.

  • cryptos on 20/08/2016 - 16:13

    How far is the sign setback from the road, I'd argue that it refers to no parking on the footpath…

    • voldemart on 20/08/2016 - 21:12
      -1

      that's the first thing that came to my mind when I got the fine. I was trying to find the relevant law that specify this. Surely there must be a limit for the "jurisdiction" of the parking signs including no stopping sign?

      Can someone help? I can't find any info on this. Pay up in the end or not, I hope myself and all who have contributed to this post can get some useful information out of it.

  • smpantsonfire on 20/08/2016 - 21:26
    +1

    10/10 their argument would not hold up in court.

  • Grayfox on 20/08/2016 - 23:55

    It's not a one way road. It's two ways. I live near this place and the reason why the council regularly sends officers there to do just that is because people are always doing this, deliberately. It causes major congestion and frustration to other road users who are trying to drive through the area when there are cars waiting for parking spots to become available. There is no reason for anyone to be stopped on this stretch of road. And by the picture you posted I would say the only thing that should be preventing you from overtaking that car is if there was traffic coming from the opposite side, in which case you should have been indicating anyway. Good luck contesting the fine though.

  • andyken on 21/08/2016 - 00:51

    do you drop someone while you stopping?

    • McFly on 21/08/2016 - 11:59

      No, in cases like these when dropping someone off I just tell them to "get ready with the door handle - I'll try and slow down…"

  • aboabo on 21/08/2016 - 19:19

    I think OP has a case against poor signage. I don't know the Vic rules but in SA it says;

    Road signs and placement

    The type and placement of road signs is very important and carefully considered. For signs to be effective they need to:

    command attention
    make meaning clear at a glance
    allow adequate response time.

    https://www.sa.gov.au/topics/transport-travel-and-motoring/m…

  • UFO on 21/08/2016 - 21:02

    Just going by your picture… if your car was indeed in the blue square shown, it does look like you've pulled over to the side.
    Most traffic would stay in the middle of that one way road (the arrow in the middle shows just how far over to the edge you were).

    Regardless of your intent, you're pulled over to the side and "stopped".
    If the ranger has a picture of your car in position, I reckon your goose is cooked.

    Pay the $75, and next time dont be a lemming a follow other dumb motorists pulled over to the side like that.

  • Gershom on 21/08/2016 - 21:34
    -2

    You were parked. Pay the fine and STFU.

  • Ritchma on 21/08/2016 - 21:51

    Why does he say the street is narrow and he couldn't overtake the other vehicle if you can clearly see it's not narrow at all and there was heaps of space to get around the other car? That just doesn't add up…

  • installthismelb on 21/08/2016 - 22:35
    +4

    They are a bunch of C#unts, a friend got fined for stopping and waiting for a pedestrian to cross at springvale. Apparently blocking the traffic. It's revenue raising like the paid parking. I avoid springvale between the hours of 6am and 8pm lol

    • [Deactivated] on 21/08/2016 - 22:59

      Exactly, they issue fines hoping that it won't be contested. If it's contested they don't lose anything for trying, and if it's not they win. System is flawed.

  • centrelink on 22/08/2016 - 00:51
    +1

    Oh yeah that chemist have those sexy Vietnamese ladies working there.

  • BK12 on 22/08/2016 - 11:20

    Based on my limited experience(2 instances) with councils they don't actually use basic common sense in their arguments , so u need to fight hard and have lot of patience to get this waived . Hopefully if shopping centre have cameras around that area you can request a copy if you don't have a dashcam

  • Dr Techno on 22/08/2016 - 23:23

    I normally dont bother attempting to park near there.. always lots of cars floating around looking for spaces. I normally trip the roof car park or 2 or 3 streets back.

  • jim0519 on 21/10/2018 - 07:18

    I also had the same story like OP today, just would like to know how much fine OP got? And see u springvale, see u GREAT dandenong city council.

  • chumlee on 21/10/2018 - 07:54

    Your questions are somewhat irrelevant.

    The fine you received will set out how to go about a review (even if it's only tells you to visit their website)

    Anyone has the right to argue their case. Winning your argument is a different matter

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