[ACT] Parking fine for stopping outside my own unit. Should I appeal?

haru on 25/11/2016 - 15:29

I received a parking fine for stopping in a no parking zone outside the rear entrance of my own unit while I was unloading goods.

Under the Australian Road Rules (Reg 168), ‘dropping off’ goods is an acceptable reason for stopping a vehicle in a no parking zone.

I couldn’t use the front entrance at the time because it was blocked off by a garbage truck. My car was stopped for less than 5 minutes.

I’m thinking about appealing the fine but it’ll cost me $325 to lodge an application for review with the ACT Civil & Tribunal Tribunal, which I may or not get back even if I win.

Should I just cop the fine or fight for common sense to prevail?

Automotive

Comments

  • nocure on 25/11/2016 - 15:45
    +5

    Under the Australian Road Rules (Reg 168), ‘dropping off’ goods is an acceptable reason for stopping a vehicle in a no parking zone.

    You left out and important part….

    and does not leave the vehicle unattended….

    • Settero on 25/11/2016 - 16:11
      -8

      should have just let him try fight it and them highlight that part for him , it would of only costed him 325$ , pretty cheap lesson

      • ProspectiveDarkness on 25/11/2016 - 18:05
        +7

        Or, you know, you could also just not be a dick and give the information freely, seeing as the point of these forums is to provide advice and assistance. $0 is an even cheaper lesson.

        Also, it's 'would have' not 'would of', the dollar sign precedes the number, and there is no space before a comma. I can give some more grammar advice if you want, since you seem so keen on the whole lesson thing.

        • Settero on 25/11/2016 - 19:19
          -2

          you are right , i'm cynical , it could just be coincidence that he left out the most vital part in his post, i really should give people the benefit of the doubt, and my post really was not meant to read as a serious post , hence replying to the answer with my post.

    • haru on 25/11/2016 - 17:37
      -2

      Define 'unattended'. If the driver has to leave the vehicle temporarily to drop the goods off, isn't that a catch 22?

      • nocure on 25/11/2016 - 17:57
        +1

        Regulation quotes "no more than 3 metres".

        • haru on 25/11/2016 - 18:21

          Again, another catch 22. What if the drop-off location is 4 metres? For the record, I was less than 3 metres away from the car.

        • nocure on 25/11/2016 - 18:38

          @haru:

          In that case… yes, fight it.

        • onetwothreefour on 25/11/2016 - 18:40
          +1

          @haru:

          What if the drop-off location is 4 metres

          Then you cannot stop there.

          For the record, I was less than 3 metres away from the car

          I don't believe that and neither will the judge. I'd cop the fine if I were you.

        • haru on 25/11/2016 - 20:01

          @onetwothree: I measured the distance between the car and the back door where I unloaded the goods—it's less than 3 metres.

          I don't believe that and neither will the judge.

          Judge? All I was contemplating was applying for a review, I have no intentions to go to court over it.

        • Forenti on 25/11/2016 - 21:51
          +3

          @haru:
          Why didn't you just explain this to the person who issued you the fine? I get the feeling you weren't there to.

        • haru on 26/11/2016 - 10:59

          @Forenti: I never saw the parking inspector, I was busy unloading goods.

        • Forenti on 26/11/2016 - 11:06

          @haru:
          Even though you were never more than 3 metres away from your car…?

        • haru on 26/11/2016 - 11:53

          @Forenti: Yes, this is possible. The boot lid was up so I couldn't see anything in front of the car. Parking inspectors usually have the decency to tell drivers to move their vehicle (if they are around) but this one decided to do a ninja drop instead.

  • Flibbs on 25/11/2016 - 22:02

    Unless you have actual evidence to back your claim you will not win. The tribunal (or a court) will not just take your word over the officer who issued the fine.

  • PlasticSpaceman on 26/11/2016 - 08:34

    Unless you really want to jump straight to a court case, just raise a dispute:
    https://www.accesscanberra.act.gov.au/app/answers/detail/a_i…
    "If you would like to dispute a parking infringement, it must be received within 28 days of the date of service of the infringement notice or, if a reminder notice has already been issued, within 28 days of the date of service of the reminder notice. The parking infringement must be in your name before you can dispute it, if it is not in your name you must complete the relevant infringement notice declaration.

    To dispute liability of your parking infringement notice you must complete an Application to dispute liability for a parking or traffic camera infringement notice (PDF) form. Completed forms can be submitted by email to [email protected] or by mail to PO Box 582, Dickson ACT 2602. Please ensure to detail the reasons for your dispute and include copies of any documents you refer to.

    The matter will be investigated and you will be notified of the result in writing. If you are successful, the infringement will be withdrawn and no further action will be taken. If you are unsuccessful, you will be advised of the payment requirements and that you have the option of having the infringement proceed before a Magistrate."

    I'd suggest saying something along the lines that as the entrance to your home was blocked by a garbage truck you believed that it was ok to briefly stop to drop off some items at your unit. Apologise, point to your hopefully otherwise spotless record, state that you will never do it again, and ask for an exception to be made in your case.

    • haru on 26/11/2016 - 10:57
      -3

      Way ahead of you, I already disputed it with the Parking Review Office and they said no. I applied for an internal review of their decision and they upheld it. What I am talking about is an external review of PRO's decision.

  • whooah1979 on 26/11/2016 - 11:05

    Did you apply the handbrake and remove the keys?

    • haru on 26/11/2016 - 11:55

      Handbrake was applied but keys were still in the car.

  • [Deactivated] on 26/11/2016 - 16:29

    Is there any CCTV?
    If so-would it help you?

  • djkelly69 on 26/11/2016 - 22:20

    If they have repeatedly held up the decision, they probably have evidence to back them up. What evidence do you have to back up your side of the story?

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