I received a penalty notice for disobeying a no stopping sign in the mail.
I don't have any evidence to prove otherwise, including dashcam videos which have since overwritten.
Is a lack of photographic evidence on the penalty issuer side enough to successfully appeal the penalty?
Strict liability just means it doesn't matter if it was deliberate or not (and/or neglectful) - if you did it, you are guilty.
Is a lack of photographic evidence on the penalty issuer side enough to successfully appeal the penalty?
What about the issuing officer's testimony? In the old days nobody ever had photo evidence for traffic offences, and we still got charged.
Strict liability means proof of fault is not required
Strict liability means proof of fault is not required
https://nswcourts.com.au/articles/what-is-the-standard-of-pr…
However, the prosecution still needs to prove each ingredient of the offence.
And there are also a number of legal defences that are available in strict liability cases, including where you made an “honest and reasonable mistake”
@whooah1979: Strict liability offences do not require the prosecution to prove that an accused intended to commit the crime in order to make out a case but they allow the accused to raise honest and reasonable mistake of fact as a defence.
www.armstronglegal.com.au/criminal-law/defences/honest-and-r…
It's a strict liability offense. You need to prove it's incorrectly issued
https://nswcourts.com.au/articles/what-is-the-standard-of-pr…
Standard of Proof in Traffic Cases
The “standard of proof” refers to the degree of evidence that is required to prove a case.
In civil cases, the standard of proof is “on the balance of probabilities”; in other words, more than 50%.
This basically means that whichever side is more convincing wins. Civil cases include debt recovery, neighbourhood disputes, family law disputes, commercial cases and even AVOs.
But in criminal and traffic cases, the required standard of proof is “beyond reasonable doubt”.
This means that the prosecution has an obligation to establish each of the ingredients of the offence beyond any reasonable doubt.
So, for example, if a court comes to the view that there is a reasonable possibility that the offence did not occur, you must be found ‘not guilty’.
Some offences may have three or four ingredients, and it is important to know that the prosecution must prove each and every one of them beyond reasonable doubt for you to be found guilty.
For example, in a high-range drink driving case, the prosecution must prove that you:
If they cannot prove one or more of those elements, you must be found ‘not guilty.’
Strict Liability
Traffic offences are often “strict liability offences”.
This means that the prosecution does not have to prove that you had an intention to commit the offence; for example, in drink driving cases they do not need to establish that you intended to drive whilst over the blood alcohol limit.
However, the prosecution still needs to prove each ingredient of the offence.
And there are also a number of legal defences that are available in strict liability cases, including where you made an “honest and reasonable mistake”.
But a parking fine is not a traffic case, it is an infringement notice. There is less burden of proof for an infringement notice to cut out a whole lot of red tape related to court cases etc. apparently once you object to an infringement notice, it is cancelled and you will be issued with a charge and court summons. This may be when strict liability is invoked, if it is at all related to traffic offences.
I get what is being said though, it is a matter of the parking officer's word against yours if there is no photo or video evidence and you are pretty much guilty until proven innocent.
Of course you should. You didn't do it, did you?
Call the council and see if a photo was taken, just because it's not on the website doesn't mean they didn't take any.
Aa others have said, photo evidence is not required.
You have not denied being there, or stopping there…. or otherwise. Reads like you are busted.
So unless you are just wanting a 'way out' of a legal Fine, pay up.
Or… if you believe you are not liable for a reason, go speak to the authorities and find out what options are available to you and the procedures involved.
It's a strict liability offense. You need to prove it's incorrectly issued