Parking Fine in Hawthorn. Confusing signage

Tonight I parked on a street just off of Glenferrie road in Hawthorn at about 8.30 pm. I read the sign quickly and it stated 2 hours parking from 8 am - 6 pm with an arrow pointing towards the left of the street where my car was parked. At the bottom of the sign there was an arrow pointing right stating 'residential permit must be displayed'. I took this to mean that beyond 6 pm I could park freely on the left side until 8 am the following day. Unknown to me there was an sign at the top of these two signs with an arrow running in both directions stating permit zone 6 pm - 8 am which I unfortunately missed. Im sure I cant be the first person to miss this, it was truly an honest mistake. I was more surprised that there is actually a ticket inspector working at 9 pm on a Wednesday night in a near empty side street :(. Anyway, I received a $ 93 fine.. making it the most expensive bowl of ramen ive ever had. Im a uni student living out of home I really cant afford to throw money at the government for nothing. has anyone had any experience with this before? would I have any grounds to contest it if I explained the situation? pictures at the bottom. Thanks!

http://imgur.com/a/yxVq5

edit: I think I missed the top sign because I read the sign from inside the car :/

Poll Options

  • 215
    You were wrong just pay the fine
  • 19
    Stupid sign, contest the fine

Comments

  • +12

    Blame your girlfriend, looks like she was checking her facebook in the original pic instead of helping you read the sign correctly.

    • Oh yeah, I didn't notice that before.

    • well thats just inaccurate, since my phone died I took the photos using her phone.

    • Should it take 2 people carefully studying a sign to be able to interpret it correctly?

  • +29

    What the sign is saying is:

    • between 8am -6pm you don't needs a permit left to the sign and can park there for 2 hours.
    • between 6pm - 8am you can park as long as you like but need to display a permit during that time in both directions of the sign.

    The sign is very clear. I am surprised you didn't see something which was relevant at the time of your parking and simply focused on the times outside.

    Such is life. Learn your lesson. Pay up and move on.

    I've once had McDonald which was much more expensive then your ramen.

    • I know its clear when you lay it out like that.. and usually I do thoroughly check, but missed this one. Hindsight is 20/20 though

    • +2

      I wouldn't say it is "very clear", as it says "residential permit must be displayed" with an arrow pointing to the left only, while above it says permit zone with an arrow pointing in both directions. That being said, it does say permit zone where the OP parked so OP should have had a permit.

      OP, there is no harm in trying to appeal the fine on the grounds that the the sign is ambiguous - it states that the permit must be displayed on the right of the sign only, even though the left is still a permit zone. Most likely you won't get off, but the worst that can happen is that your appeal will be rejected (assuming you follow the correct process and don't end up with late fees/contesting in court etc).

      • +4

        @Domingo You got negged for your comment, but I tend to agree with you. There is some ambiguity. Why would you have a sign at the bottom pointing to the right requesting permits to be displayed, then a sign at the top pointing both ways stating that you need a permit from x time to x time. The sign at the bottom is not needed. Having both makes it harder to understand the requirements of parking in that area. It took me a bit to figure out the rules myself. Yes, it always pays to read the WHOLE sign, but in this case there is cause for ambiguity. I'd ask for the fine to be reviewed by council. Write a polite letter of explanation and submit your pic. See what happens.

  • +4

    Sign is pretty clear to me. If you can't afford to live out of home, then maybe move back in? I'd cop it on the chin and just pay.

    • +1

      Living at home isnt really an option if you live 2 hours away from uni and have class 5 days a week with about 35 contact hours a week.

      • +3

        Unrelated topic but..
        I once said the same thing and moved out of home for 4 years(also lived two hours away from the university). That was 40K in rent alone..I have since moved back and though it takes a long time to travel between uni/work/home I make the most out of my travels.

      • -4

        As someone from bush city people never it i hate word just move back home.

        • +3

          Um…

        • +1

          Yes, I word you say two

      • -1

        Yeah, I'm calling this out. I live 1.5 hours from my place of employment and uni just to continue staying at home without the burden of rent. It's not catastrophic, if anything the public transport gives you more downtime to complete assignments. Don't use distance as a scape got for your decision to waste money living away from home while studying. If you do it for the lifestyle then own up to it, you just seem spoiled saying something like that. A lot of people doing it a lot worse for reasons out of their control, worse then the inconvenience of a train and bus ride.

        • +2

          If that works for you, good continue doing that I am happy for you. I'm in my 6th year now of a medical degree and I have been using public transport for the past 5 years. However the demands of the course have become to much to waste on transit daily. Beside from the distance issues I was forced to move due to family issues out of my control. You shouldn't be so quick to judge

        • +7

          @crazy94boy:

          You never mentioned family issues, I'm replying to what you said which was a lame excuse.

        • @Kill Joy: My Family 4hours major city by car I was told at 18 there door now get out. not everybody can just live at home. I hate been judged for it. I sleep on the street and in a car before

        • @crazy94boy: Stay strong go on payment plan. you will become a strong person for it. your be DR soon to.

        • +1

          @nikey2k27:

          Once again Nikey, I understand if you are forced to move out, you have a bad family circumstance, or you live 4 hours away - in fact I even said people do it worse and have those things happen to them. I was simply calling him out on his excuse of "living 2 hours away", which is none of those.

          I do not for the life of me understand how people are taking what I said and making it a personal attack on all people living out of home while studying full time for a valid reason.

        • @Kill Joy: I get very mad went people say move home, not everybody has that option. if you still study and live you're lucky.

        • @nikey2k27: You will pay more to go on a plan…

      • Did this for the first 2 years of my Bachelor. Basically a 5hr round trip of public transport. sucks travelling for more time than some of your classes but you get used to it

  • +1

    Yeah that really sucks I would totally read the 2P and just park there. But never the less you will never get out of it trying to contest it..

    • Hey, you dont know unless you try I guess

    • You have absolutely no chance at all of getting out of that fine sorry. My NSW parking fine had a line saying "Only 9% of people who contest the fines actually win", which i took to mean they don't actually want you to even try

      My situation was literally the signs were facing the wrong direction for my line of sight (since i had come in sneakily from a T-intersection straight into the parking bay), and obscured by a tree, and i STILL got stuck with the fine.

  • +4

    Yeah, that sucks and I can see how people could be confused.
    But I read it once and I understood it: only 2hrs parking there during day time, and Unlimited parking during night time if you're a resident.

    Then again, I literally got a parking fine 1 hour ago.
    The funny thing is, the spot where I parked was 15 minutes free parking.
    And the fine was written 10 minutes after I parked.
    How do I know?
    Because I actually paid 2 hours to park there, and the receipt I have says the time.
    The receipt even says its an electronic parking system (just input your plate number) and no need to display the receipt.
    That's $91 which I do not owe, and shouldn't have to go out of my way to rectify their stupid mistake.

    • After you pulled into the parking spot, did you take 5 minutes or more to pay for your parking?

      Lots of parking spots, especially in the city, have the sensors in the ground that detect when a vehicle goes into the parking spot. The time actually starts from then (and not when you pay for the ticket).

      • Paid for parking within 2 minutes.
        There was nothing wrong with the parking that I can see…still a massive inconvenience for me to chase up their mistake.

        PS I have had my license suspended (for 1 day) in the past over a parking fine.

        • +1

          I would fight it - just on the matter of principle.

          But if there are sensors in the ground, it'll be hard to prove that you didn't take the extra few minutes to pay for your ticket.

          Motorists always get treated by the government like cash cows. Annoys the crap out of me - they're the ones that should be proving to us that we're in the wrong - not the other way around.

        • @bobbified:
          Agreed!

          Update: Spoke to a council worker, kept her waiting on the phone as she "helped" me dispute the fine using their (new?) online service.
          Photo's of the Ticket was also uploaded (thankfully).
          Apparently I should get a written snail-mail response within 7 days, and upto 20 days.
          Parking fee is due in 28 days.

          Honestly, I've got other things I'd do with my limited free-time… like surf OzBargain!!

  • +3

    Surprising there was still rangers in area at 8.30pm.

    • I know right, just my luck. Do these guys ever sleep?

    • +2

      If there is revenue to be collected, council will roster somebody. Around here Crows Nest has metered street parking until 10 pm, to the chagrin of unwary diners.

      • +1

        $93 is more than the council pay the ranger. so… profit!!

      • Imagine being a resident there and not having that sign enforced and not being able to park anywhere near your house.
        Fair go. You are visiting an area. Yes Resident Only signs are crap….but they are there because the residents who live there…have to deal with people ovetaking all their street parks.

        • It's actually a commercial shopping and dining street and the meters are there to regulate demand. There are three council car parks with 2 free hours for those who don't want to pay. The residential streets have the usual signs with resident exemptions. I have no issues with the arrangement, just describing the way it is. You read too much into the description.

        • Without knowing the exact street it's hard to say. But it is a residential area. And medium density too?
          Anyway…pay the fine…get on with living! cheers

        • @Lv80: I think you meant to reply to the OP not me.

        • Indeed I had meant to. Sorry green

        • I lived near this street for a few years and also still park there for work during the day if I can get out and move the car. These streets are like Toorak and most houses have frontages that park 3-4 cars on the street so there is always plenty of space. I understand this is not the case in most restricted streets. A year ago one side of the road was parking as long as you like anytime, now the only unrestricted parking is 1.5km away.
          I'm assuming that this is Kinkora Rd, Hawthorn.
          Will say, I've never got a fine there as the signs are very obvious and plentiful. I can't complain too much though as I agree with trying to push people to use public transport if possible and this is close to a train station. I drive because it's cheaper, 5km commute.

  • +3

    Sorry OP but the sign would have to be missing or obscured by tree branches or vandalised to challenge it (successfully).

  • +3

    Happened to me in Hawthorn too. Street near the Hawthorn Hotel, although I think no limitation during the day, only 8PM to 6AM.

    Considering those would be the standard daytime hours, I'm sure you understand why I missed the AM/PM.

    Anyway, just paid it and got on with life.

  • Sorry OP, that sign is very clear. That sign is very common in inner-city residential areas that are close to shops/main streets.

    • /near stations too

  • +1

    Looks pretty clear to me

  • -3

    The sign is clear enough, HOWEVER there is one glaring item that has not been mentioned as yet. PM me if you can be bothered taking it to court (and winning)

    • +4

      Lol, sounds like click bait :p

      • Not in the slightest

        • +13

          Well then why not share the knowledge?

      • fake news

      • I think he may mean this:

        Under the "Residential Permit must be displayed", the arrow is pointing to the right, suggesting only the cars on right side (Disabled parking) must display the permit, but there is nothing to suggest cars parked on left must also display the permit, where the OP was parked.

        Another reason, but less likely, could be that it doesnt't show which days these rules apply? i.e Mon-Fri, Mon-Sun etc.. But I thought if it doesn't show which day, then it applies to all days?

        • +1

          Yep, that's what I figured, but at court it would be a simple case of "OK, prove you had a valid permit that wasn't displayed".

        • +2

          @tomsco: May be, but the ticket inspector shouldn't have fined him in the first place if it wasn't mandatory to display the permit. He could get out on a loophole… but I am no lawyer. I just watch too much Suits.

        • @tomsco: haha I can't imagine Harvey rolling in millions of $$, yet being on OzBargain checking cheap flight deals and bargains, occasionally complaining about missing flights.

        • there is nothing to suggest cars parked on left must also display the permit

          So what does "PERMIT ZONE" mean then?

        • @McFly: It means what it says.

        • @anonymous01: Ie. That you have to have a permit. And how are they supposed to know you have one if it's not displayed?

        • +1

          @McFly: Yes I agree with you, but the dispute isn't about whether you have to have the permit, but rather if it's mandatory to show the permit. It's the arrow that is pointing to the right is giving double message, it could be interpreted as only people on the right side of the arrow need to display the permit. You are absolutely correct, they can NOT know whether you have a permit or not if you don't display it, but they should send that message clearly, and arrow should be pointed both ways, or there shouldn't be an arrow at all. It's like going to a bar that says "You have to be over 18 to enter", but they don't check the license of everyone who visits. Yet without checking the license, they can't be certain if the person is over 18 or not. If a 17 year old enters the bar, yes definitely the person is at fault because he/she knew very well he/she is underage, but partially bar is also responsible because they didn't check his ID to confirm, nor is it mandatory for everyone to show the ID. In this case, "Residential Permit must be displayed" doesn't send out a clear message because of the arrow. I am not saying it's a good defense. If the OP goes to court with this defense, he will most likely lose, but that doesn't change the fact that sign is not very clear. What is the point of Right arrow under the sign anyway? What does it represent? If you have to interpret the sign "Residential Permit must be displayed" and had a right arrow under it, what would it mean in your opinion?

        • -2

          @anonymous01:

          so close……

        • @anonymous01:

          Permit zone

          Only vehicles displaying a valid permit (issued by the relevant authority) can park or stop in a permit zone.

          https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…

          It's your responsibility to understand what a sign means, they don't have to explicitly state that a valid permit is required to be displayed, because that's what a permit zone sign means.

        • @tomsco: Doesn't everyone that that go before the judge have to pay $100 or so just for being heard?

    • Nice pick-up! FTW!

  • You do the time, you pay the fine. It is very clear to understand this one. I hope you do a much better job of reading all signage whilst you are actually driving, but in the end, pay up sunshine.

  • +3

    Im a uni student living out of home

    • move back home… 2hrs traveling each way can be time for sleep, homework or study.

    I really cant afford to throw money at the government for nothing.

    • u r paying the govt for breaking the road rules.

    edit: I think I missed the top sign because I read the sign from inside the car :/

    • u admitted u have not read all street signs before leaving your car unattended.

    u'll learn from mistakes and accumulate experience, so u know what not to do in the future.

    • -6

      Wow no chill from you.. 4 hours a day is a lot of time on public transport each day when you study a medical degree. Maybe that works for some people, but not me. I understand what the sign says, I'm well versed in reading. However after 8 hours in class/hospital + 2 hours stuck on the Westgate freeway because of that offall truck it was a long day for me. Not only that my family home is quite far, I don't necessarily come from the best family home environment.. so it would serve you well to not make assumptions about someone's situation. Everyone has a reason for their decisions

      • +2

        i m happy to take back my first point, while other points still applies.

        maybe $93 its a lot for u now, but once u grad and get a good job, u'll think back it's not worth the hassle going through the contesting, court matters, etc as again u did admit u haven't read all street signs.

        u'll get over this, do ur best in ur studies and forget paying this $93 in no time.

      • -3

        Hmmm…studying a medical degree, but find a simple parking sign 'confusing'….

        • +2

          No problem with this. With experience you learn. No one is infallible.

        • +1

          I'm sure you have never made a mistake NancyCat. Studying a medical degree doesn't make me any different to you, we are only human.

        • +7

          @crazy94boy: Yes, I've got parking fines before. But I didn't blame the 'confusing' sign or the ticket inspector or the council. And I didn't look for loop holes to get out of the fine. I broke the law, I paid for the consequences.

          I totally understand your pain/anger/frustration. $93 is a lot of money, and it's unnecessary for anyone, not just student.

          Yes, you are right, we are only human. We all make mistakes. So learn your mistake, pay up and move on.

      • We are all human and make mistakes. You have lot of excuses and sound like a small child.
        Sign is pretty clear to me. Pay the $93 and move on with your life.

      • +1

        I know you can read because you keep letting everyone know you are studying medicine.

  • +3

    Hmm I think the signs do contradict each other with the arrows and wording about displaying a permit.

    There is a legal defence for an "honest and reasonable mistake".

    http://www.streetoncriminallawyers.com.au/criminal-law/defen…

    I would apply to the council for the fine to be reviewed and point out how an any reasonable person will be confused by the conflicting arrows/information on the sign. Just attach the photo with your appeal.

    • +1

      "Hmm I think the signs do contradict each other"

      They don't.

      or if I'm wrong, which one contradicts another?

      Not sure a Proudman defence is going to fly for the OP

      • Like I said, any reasonable person will surely be confused by the conflicting arrows/information on the sign.

        One suggests that you only need a permit to the right, while the other indicates the permit zone is in both directions.

        • +1

          wrong

          one says that both directions are a 'permit zone' the other says one direction requires a 'residential permit must be displayed'

          these are not contradictory

          and stop interchanging the words 'confusing' and 'contradicting', they are very different

          and a Proudman defence relies on an honest and reasonable mistake of fact…..can you tell me what fact has been mistaken and how it is both honest and reasonable?

        • +1

          @oscargamer: This is subjective. If I was OP I would be applying for review as I think there's a very decent chance of having the fine withdrawn or waived.

        • @inherentchoice:

          sure, let's see what reply the OP gets from council when he writes a letter requesting the fine be waived.

    • Cheers I'll take a look into this

  • +1

    Next time you're around there, park across the road, there's usually one side that's permit and the other side that's not.
    They're there all day long waiting for you to park in the permit zone so they can fine you, don't get caught in it again :)

    • Thanks, from what I remember the other side of the road was all permit always. But will definitely be double checking into the future

  • +1

    We had a couple of parking tickets overturned when we lived in Prahran in Victoria. One was where you couldn't park on that side of the street on Tuesdays for short periods because of street sweeping and someone had actually uprooted the signage. The other was a parking ticket that we were notified we hadn't paid and made no sense; as we never parked where they indicated. It turned out the number plate was wrong and the car was a red ferrari. We said we would pay the fine if they gave us the Ferrari. The reason we know the number plate was screwed was we saw the Ferrari, parked in the same spot, and saw the similar number plate.

    If I was you I would try your hand with contacting the parking people and tell them the sign confused you. It probably won't help but you never know.

  • +1

    i think the sign could be clearer.
    i don't know the area, but i assume the <==> permits are also referring to residential permits.
    you could actually say you had a residential permit, but only thought it need displaying if you parked on the right?? :)

    btw if you don't get the outcome you seek, maybe you could also take it to the council ombudsman or something??

    • -1

      Council may ask for proof of said permit….

  • +1

    You have just got your doctorate in sign reading for only $93.
    I bet you from this point on you will double and triple check the sign before leaving your car in the future.

  • I hate parking fines…but it's pretty bloody obvious. This is one of the simpler signs.
    Guessing you'll try to get out of a speeding fine because the steering wheel blocked the speedo?

    lifelesson #stopchewinguptheforum

    • -1

      It Is quite obvious when I take a zoomed up photo and lay out the situation as the subject matter, then yes it is obvious. However, when you read the sign from street level in the dark without thinking about it too much it's surprisingly easy mistake to make. The top sign was not actually visible in the dark. Also can you justify why there is a need for two arrows signs?

      • The darkness only obscured the top half of the sign?

        Don't use that one in court. You'd be paying to be the jester.

      • -1

        Respectfully…it's a simple sign.
        Do you know what it would cost to customise a sign for EVERY post based on what is needed?

        It's far more effective to have standardised ones and the compound. Yes not ideal and there's been over the decades many thoughts to changing the whole system.

        But as far as signs go…its simple

        http://resources3.news.com.au/images/2013/12/08/1226778/1169…

        That's what we deal with in town. Read all the sign.

        You can waste your time contesting this…or just suck it up and pay it and accept you need to be more observant. You won't get off this fine.

        • What is the need for the bottom sign "Residential Permit Must Be Displayed", pointing ONLY to the right? Surely the top sign overrules this?

          I would argue the combination of the contradicting (if not contradicting, at least, ambiguous) top and bottom signs are not "simple".

          In either case, I think the OP simply did not see the top sign as they've mentioned. Always err on the side of caution with these things I find!

        • +3

          @Marty131 @McFly

          Great Scott!

        • @McFly: So you agree - it is confusing. Only now that you have explained it, does it make sense.

        • @Marty131: Not hard to understand,the left side is a permit zone all day while right side which is only a permit zone only from 6pm-8am. The top sign only cover the left from 6pm-8am therefore they need to put the bottom sign in as well. side Perhaps if the bottom sign said "Resident Permit Must Be Display at all time" then wouldn't be any confusion.

  • -4

    TL;DR: OP admits to committing a parking offence and asks OzBargain for help to contest the fine.

    Somehow TL;DR is applicable to quite many posts here…

    • +2

      You are welcome to not participate in forum discussions that you feel are unimportant.

  • To me its seems like the addition of the arrow in regards to the bottom signage should only warrant residential permit be displayed when parked to the right side. But as youve stated the sign on top takes precedence. That bottom arrow is a cause for confusion but not an excuse to forfeit paying the fine

  • +1

    My sister accidentally parked in a permit zone too late last year. It was dark and she didn't see the sign properly. Being a nice sister I helped to pay for half of the fine, it was a harsh lesson but we're both now more vigilant for it. I know you are a Uni Student, but some noodles at home for a while, might help you to save for the fine and then you'll be extra vigilant too next time.

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