Possibly Invalid Parking Fine Due to Incorrrect Make/Body

MeisterG on 14/06/2018 - 22:28
Last edited 15/06/2018 - 09:04 by 1 other user

My younger sister recently parked near a Sydney train station on the side of the road, without fully reading the sign. So after 3pm the street turns from 2P to No Stopping. So of course on her return to her car that evening, she was slapped with a $257 fine for "83595 - Disobey no stopping sign".

She drives a Red Mazda 3 Hatch; however the ticket incorrectly records the offender car details as a (Make:) Toyota (Body Type:) Sedan; whilst the colour and the licence plate rego is correct. I've tried to search online and in forums to see if this would be an invalid ticket due to the wrong recorded details but can't seem to find much, wrong rego plate would be invalid and it seems in other states/countries any incorrect detail on the ticket would invalidate the ticket but can't find any details from NSW. Has anyone had any experience with a similar situation?

Note: On the NSW SDRO website, I couldn't see any photos attached onto the fine yet (although I'm 99% certain they would also have photographs of the offence as they all seem to take photos anyway)

Automotive Parking

Comments

  • mbck on 14/06/2018 - 22:44
    +2

    257 bucks?!?!? Dang

    • MeisterG on 15/06/2018 - 02:02

      Yep… Lesson learnt for her, will be a hefty part of her casual work payslip..

      • Baysew on 15/06/2018 - 16:15

        Perhaps you could slip your little sister some money to cushion the blow a little.

  • gummibear on 14/06/2018 - 22:46
    +4

    If you believe she did the wrong thing then pay the fine.

  • Godric on 14/06/2018 - 22:51
    +8

    Lol.. stop looking for excuses when it's clear she was in the wrong

  • blitz on 14/06/2018 - 22:57
    +3

    Almost certainly doesn't invalidate the ticket. They'll just reissue the ticket with the correct details.

  • try2bhelpful on 14/06/2018 - 22:57

    Probably won’t get off on this one. They probably have photos and the discrepancy isn’t much.

    • thatonethere on 14/06/2018 - 22:59
      +5

      Yeah. I've seen people at work go through this - they get an initial victory "we have withdrawn infringement notice XXXXX based on the incorrect details you have noted." but then "We have issued you with a new infringement notice XXXXXY with the updated details. Have a nice day".

      • MeisterG on 15/06/2018 - 02:01

        Yeah I had a feeling it would be similar to that… Thanks for sharing, much appreciated.

  • SydStrand on 14/06/2018 - 22:59
    +2

    I'm curious what the strike rate for Ozbargain 'I got fined, can I get out?' threads is.

    • holdenmg on 14/06/2018 - 23:15
      +2

      There isn't a strike rate until it happens. lol

  • pegaxs on 15/06/2018 - 00:04
    +1

    Shame she didn’t wait until July… might have gotten a 25% discount…

    If she parked there, then tell her to man up and pay the fine. There is a reason it is no standing after 3pm. Probably for peak hour traffic.

    I think threads like this should be reported and closed. Unless the OP can prove they were in the right, then these “I goofed up, how do I get out of paying” type threads should be deleted. There are so many of them on here now, it’s kinda the same schtick every time they get posted.

    • D C on 15/06/2018 - 01:17
      +3

      There is a reason it is no standing after 3pm. Probably for peak hour traffic.

      Could have gotten towed as well. That's more than $257.

      So after 3pm the street turns from 2P to No Stopping. So of course on her return to her car that evening

      Evening? I wonder how long she was actually parked there for.

      • MeisterG on 15/06/2018 - 02:17
        -3

        I don't see the need for such aggressiveness…if you have nothing to contribute just don't respond..

        Most likely it was a busy road and I totally understand and respect the reasons behind why there are restrictions at specified times, she wasn't paying attention, missed the second sign and had never parked there. I'm sure we've all made mistakes before.

        Was simply asking as I wasn't sure if I could help her out. We aren't going to aggressively fight it out and simply just pay if it couldn't be overturned :) Just wanted to see if anyone else had been through a similar circumstance and how that panned out.

        • pegaxs on 15/06/2018 - 09:01
          +3

          I did have something to contribute. Just in case you missed it, it was;

          If you do the crime, pay the fine. She parked in the wrong area. She didn’t read the signs. She got fined. Instead of asking for ways to weasel out of paying for a fine that the so rightly deserves, how about you ask “what’s the best way to pay this fine quickly and learn from this experience?”

          The only person that has nothing to contribute, is you by asking a question about how to shirk off a fine for someone who quite rightly deserves it. The help that she requires is learning a life lesson by paying the fine. As I am sure as shit stinking, that after paying the fine, the next time she parks her car, she will look at the parking signs and obey the restrictions set out by thes signs.

          If she gets off this fine over a technicality, then all that does is reinforces her bad behaviour and she is not held accountable for her actions.

          So, my addition to this conversation is, tell her to man up, own up to her ticket, pay the fine and learn to look at parking signs next time she decides to use her car.

          PS: did you even bother to use the search function and look through the 1000’s of other “how do I get out of paying a legitimately issues parking ticket?” threads?

        • D C on 15/06/2018 - 16:10
          +1

          need for such aggressiveness…

          Lol wut?

          I'm beginning to suspect it wasn't 'the sister'…

    • HighAndDry on 15/06/2018 - 12:41
      -2

      I disagree with auto-locking these threads. There are definitely situations where, even if OP is in the wrong, a mistake or shortcut or other issue with the government/police would actually invalidate the fine. And we should hold the govt/police to those requirements because some are actually important.

      Off the top of my head - if you're caught by a speed camera speeding, but the camera hasn't been calibrated as required? Even if you were speeding, the ticket should be fought so that there's an incentive for the government to ensure their cameras are accurate and not catching other, potentially innocent, drivers.

      • pegaxs on 15/06/2018 - 15:16

        While I agree with holding the government to at least a minimum standard, where are people’s own accountability for their own actions???

        My younger sister recently parked near a Sydney train station on the side of the road… after 3pm the street turns from 2P to No Stopping… on her return to her car that evening, she was slapped with a $257 fine…

        OP admitted guilt on behalf of the sister. She did the wrong thing and should not get out of an infringement based on that. Sure, if they had the wrong rego, the wrong street, the wrong suburb, wrong time of day, I’m all for fighting the system, but when OP knew what their sister did was wrong and have an admission that they want to dodge this ticket based solely on the premise of a clerical error, it isn’t about holding the government to account, it’s about not taking responsibility for the sister’s actions.

        This should be a forum for people seeking genuine help, not for someone to find a loophole to get out of paying a fine they so rightly deserve.

        • MeisterG on 15/06/2018 - 20:28

          Not going to argue it out as I said she will be paying it if it falls through, just wanted to see the chances of getting out on a technicality. On the topic of loopholes why dont you take your high horse to some of the other threads which basically runs on the basis of a dishonest loophole such at the 7/11 fuel thread. If she really was looking to get out of the fine, we would have asked for more deceitful methods, such as stories or excuses to get out of the fine.

          Anyway I got what I was looking for, that it would probably be reissued with the correct details on appeal/review. The whole "just pay the fine" attitude is what has made every other thread on a similar topic redundant because noone would get that answer and just be scolded at to pay it off, so a genuine thanks to those who responded with their experience. Hope this puts it to rest.

        • pegaxs on 15/06/2018 - 20:57

          @cediggoric:

          Not going to argue it out, BUT…

          FTFY.

          On the topic of loopholes why dont you take your high horse to some of the other threads which basically runs on the basis of a dishonest loophole such at the 7/11 fuel thread.

          Because I don’t care about people defrauding a corporation. What I care about is safety on public roads. As soon as defrauding 7/11 becomes unsafe for other road users, I’ll walk out, get on my high horse and ride on over there.

          The whole "just pay the fine" attitude is what has made every other thread on a similar topic redundant…

          She was in the wrong. She admitted fault to you, you relayed that to us. The only attitude one should have to someone breaking road rules is, “pay your fine.” Your question is redundant, because who you should have contacted was the issuing council, not a rag tag bunch of armchair lawyers.

          She was in the wrong and you were looking for a loophole. This is the reason I and many other users here, scolded you off.

          Hope this puts it to rest.

          I doubt it. It will only be a moment before this sub-forum has to endure yet another “I did xxxxx and got fined. How do I get out of paying?” thread…

  • Findo on 15/06/2018 - 01:40
    +2

    I managed to beat a parking fine for my mum. She drives a 2014 Honda Civic; on the infringement notice the parking inspector claimed it was a BMW 3 series. Mum did buy a ticket but it genuinely fell off the dash. I wrote a letter questioning the parking inspector’s eyesight when clearly a ticket that was purchased before the fine (all day parking) was able to be produced and a blatant error as to the make of the car was made. I also produced a credit card statement supporting the purchase of a parking ticket. Managed to win that one and even got an apology from the SDRO (profanity). Hopefully Specsavers sponsors the SDRO soon.

    However, I’ve also heard incorrect infringement notices simply just get reissued again. YMMV

    • MeisterG on 15/06/2018 - 02:22
      +1

      Haha, your mum had a genuine appeal to that one but I do wonder how they could get car models so badly mistaken.

      We'll give it a try to get off on a technicality, worse case she'll just have to pay it up.

  • Melb69 on 15/06/2018 - 07:28
    +2

    No sympathy here. She overstayed because she didn't look at the sign. Don think all these restricted parking areas right as more car spaces are needed around stations, but that's another issue. The Council take advantage of this situation to ensure they get the required revenue. Some councils also put quotas on the parking inspectors. So its no wonder that they target easy ticket spots. I wouldn't be surprised if that inspector checks that road regularly as he/she would know he can get a few tickets out. She stayed well over the 2hr limit after the area changed as well.

    Normally they take photos, so they will just re-issue the ticket.

    Pay the fine and move on. Understand if you may want an out for a mistake on your sisters part. NO STANDINGG is no standing, unfortunately. The toad may need to be kept a clear way after 3pm. Look at it this way. Im sure if your sister used that road alot and there were cars parked at peak hour or whatever it would annoy her.

    In Vic on Punt Road. The towers wait for a no standing period. So it can be a lot worse if you come back to your parking spot and the car is gone. It's not cheap to get your car out of the pound.

    • Euphemistic on 15/06/2018 - 07:43
      +1

      Don think all these restricted parking areas right as more car spaces are needed around stations, but that's another issue. The Council take advantage of this situation to ensure they get the required revenue. Some councils also put quotas on the parking inspectors. So its no wonder that they target easy ticket spots. I wouldn't be surprised if that inspector checks that road regularly as he/she would know he can get a few tickets out.

      Yes. They put up no stopping signs to cut down on parking and are just revenue raising with fines…. oh wait, brilliant idea: let’s stick it to the council and not park illegally so they can’t get that revenue and put parking inspectors out of a job! That’ll learn ‘em.

      • Melb69 on 15/06/2018 - 08:22

        What I've found is that they just extend the parking restrictions further out. There used to be all day parking around a park near the station where I use to work. Also many opposite the train line close to the station. Now all 4hours. What the. There is no all day parking for train travellers to leave their cars.

        Now during the day there are all these vacant parking spacers there. It could be better utilised not just for revenue getting. It should be all day parking for part of it, and then say after 6pm when the neighbouring property owners come home they can park in front to their house. They would have permits anyway. Instead, there are streets of restricted permit zones with no cars allowed to park there during day. Which are also empty during the day.

        Don't get me started. In the end, I started to walk to the station to get to work. Lucky I don't need to park at the station from my end. When I was parking at work, in the end, I was getting tickets every few months. Forgetting to move the car. It's the reality that if you drive you have to factor in at least another $500-600 in fine for the year. How many time have you driven and not watched your speedo. Only to find out a speeding ticket in the mail.

        Council will always get their money.

        • D C on 15/06/2018 - 15:11

          and then say after 6pm when the neighbouring property owners come home they can park in front to their house.

          You already know the reason and yet somehow it's the councils fault.

          The two major reasons parking restrictions change is either complaints from residents "bloody commuters are parking in OUR spots!" or from businesses "customers can't park because the bloody commuters are in OUR spots".

        • Euphemistic on 15/06/2018 - 19:19

          It’s the reality that if you drive ANYWHERE you need to park legally. Sometimes this involves inconvenience, either moving the car (indicating you shouldn’t really be parking there all day), parking further away or paying for parking.

          Parking restrictions are to encourage turnover for local businesses, to encourage you to use an alternative transport method to ease congestion or for safety reasons, not to raise revenue.

  • JimmyF on 15/06/2018 - 08:49
    +2

    If they have photos (they all have photos now days), they'll just reissue the fine with the correct details.

  • HighAndDry on 15/06/2018 - 12:37
    +1

    if this would be an invalid ticket due to the wrong recorded details

    Nope.

  • pernunz on 15/06/2018 - 12:46
    +1

    Chances are the inspector just made a data entry error when picking from a list for make/body type which could have been for any number of reasons (water on the touch screen, screen calibration being slightly off)

    As others have said, if there are photos and they've got the license plate correct, it would just be a cancellation and reissue of the fine once they are aware.

  • Euphemistic on 15/06/2018 - 19:13

    It could be registered as a sedan, hence the description being sedan despite looking like a hatch.

  • chumlee on 15/06/2018 - 19:20

    You can always move to Hutt River Principality. No parking rules there. No taxes either i think

    http://www.abc.net.au/news/2017-02-01/prince-leonard-of-hutt…

  • Drifta on 17/06/2018 - 11:31

    To all the people saying you did the crime now pay up. Yes you have a point but is it really fair when councils dont give people a chance to learn from their mistake without paying a hefty fine. This amount of fine for overstaying parking is a joke. This person is working casually and is potentially a new driver with little experience. She has been fined and will learn their lesson and be careful next time.

    Why is there no option to get off the first fine with a warning upon appeal? The answer is the council just wants to make revenue. This person doesn't need to pay a bulk of their weekly salary for a mistake. If the fine was $50 etc for first offence again its more manageable.

    To OP. You should ask your sister to appeal the fine by writing a letter and requesting a warning. This will likely get knocked back. She should then appeal and elect to go to court. The court she admits guilt but requests no fine be paid by making her case. The court will likely dismiss it. I have done this before and has worked.

    You can pay a company called finedefender.com.au if in VIC/NSW. you pay a $25 fee and they will send appeal on your behalf. The rep will also go to court on your behalf if it comes to that. I have used them before and they were great help. (I am not associated in any way). The rep will explain all risks and costs if it goes to court to enable you to decide. I chose to go to court and take the risk and was a winner.

    • pegaxs on 17/06/2018 - 15:23

      a chance to learn from their mistake

      Nothing helps along a learning experience than a punishment. I bet the sister thinks twice and checks parking signs more vigilantly next time she parks.

      This amount of fine for overstaying parking is a joke.

      The parking zone ended at 3pm. She returned to her car "that evening". So, it's ok to overstay by a few hours? In peak traffic hours? In a "No Stopping" zone? It wasn’t a 3 min overstay at Sunday lunchtime on a quiet street…

      Why is there no option to get off the first fine with a warning upon appeal?

      What incentive does this have to serve as a reminder next time someone parks their car?

      This person doesn't need to pay a bulk of their weekly salary for a mistake.

      No, they don't, if they parked correctly and within the restrictions as posted and written into the road rules (they don’t pay a fine for that at all). Payment options are available to spread the cost over multiple weeks, so it's not a "bulk" of their weekly pay.

      You should ask your sister to appeal the fine by writing a letter and requesting a warning.

      Or, you know, they could always tell their sister to use it as a life lesson and as a painful reminder that parking signs exist for a reason. Next time she is stuck in traffic because some insolent car driver has parked in a no stopping area or clear way and created traffic chaos, it may remind her of what her actions possibly caused.

      the council just wants to make revenue

      It was a "No Stopping" area, outside a train station at peak traffic time. And it appears that the over stay wasn't 3 mins. What part of this is "revenue raising"? Bet you're also the type to enjoy council supplied facilities. Parks, parking, waste water, infrastructure, etc, etc… How do you think all that gets paid for?

      • Drifta on 19/06/2018 - 08:48

        Yes, I accept that this parking would have likely caused annoyance, traffic etc and that it wasn't a short overstay. However, my point remains valid. Its a mistake, we all make it. You don't have to pay hard earned money for this lesson to be learned. Simply getting the fine and the pain of having to go through the appeal process should be enough to deter the person. Also if the person has genuinely made a mistake they will be looking twice going forward regardless of a fine being paid or not. As i suggested an alternative would be to drop the fine to a lower amount eg $50 for a first offense as a one-time thing.

        additionally, I am assuming based on some of the discussion in this post that the person is a new-ish driver which means they are probably not even aware of all the parking rules and reading the signs properly…though you'd hope they have learned after this.

        I would not want her to pay the fine. The facilities the council provides are being paid for by my taxes and fines from repeat offenders. I'd be happy to forgo some services due to the drop in revenue this would cause if it means people are not having to pay such large fines for a small mistake.

        If i was to stretch the effects a little and go out on a limb…There could be significant economic effects of this fine too. this money going to council for a mistake means this person will not be spending that money in shops and restaurants etc. Not that it will be anything significant but a consideration nevertheless.

        • D C on 19/06/2018 - 10:37
          +1

          You don't have to pay hard earned money for this lesson to be learned.

          No, but it helps.

  • Cartman2530 on 19/06/2018 - 08:54

    Ask for the photo, that should remove all doubt.

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