How Would NSW Sheriff Force Me to Pay Council's Parking Fine?

I am about to ignore greedy Council parking fine.
Got $500 fine in the post for a mere stopping at disable spot.
Long story short, I did stopped there & I can afford to pay it but not willing at all.
This will be the first fine I am not paying.
No other traffic or parking fines not payable.

Can Sheriff take my money out of my bank account without my consent?

Our home and car are not under my name.
Thanks for your input.

closed Comments

  • +76

    If you think you’re going to get support for stopping in a disabled space, think again. There’s no excuse. You’ve done wrong. Pay up.

      • +17

        There is never a reason to park in a disabled parking spot when you're not entitled to. Simple as that.

        • +2

          Oh good thing that's not what I said or implied then.

        • +2

          Not all 'disabled' passengers have a parking permit. When there are no other alternatives, stopping for 10 secs in a disabled spot to drop them off is not the worst thing in the world.

          • +3

            @tranter: Stopping for 10 seconds is not parking though

            • +1

              @John Kimble: OP said they stopped.

              • @tranter: Just say your moving at 1mm per minute, but still moving. Each atom is moving vibrating.

            • @John Kimble: But you can get fined for it, and it seems that's what happened to OP:

              Got $500 fine in the post for a mere stopping at disable spot.

        • 4AM is damn Ok.

          • @MrGrinchy: At 4am there is heaps of 'normal' car parks around. Still a douche to use a disabled spot.

        • Let's be clear, stopping is not the same as parking.
          However, I believe either stopping or parking at disable spot will cop you fine (Could be different on each state).
          So council is not wrong in this case.

          • @Bargain80:

            Let's be clear, stopping is not the same as parking.

            In the eyes of the law, they are the same thing when it comes to a disabled space.

            Its to stop all the people just 'stopping' and waiting but not parking while someone runs into the shops for 5 mins. At the end of the day, stopping in a disabled carpark for 5 mins, is the same as parking. You have removed access for real people to use it.

            So council is not wrong in this case.

            So back to my earlier comment

            Still a douche to use a disabled spot

            parking or stopping anytime of the day, same same. Just don't do it.

    • +27

      And posts like OP’s are the exact reason why we need to be able to downvote posts like deals.

      So much arrogance and entitlement in one post.

      What can happen if you don’t pay your fines… (from NSW Justice website.)

      The types of action the SDRO can take include:

      • suspending or cancelling your driver's licence or vehicle registration - known as RMS restrictions
      • issuing a garnishee order to take money from your bank account or wages
      • ordering you to do community service
      • issuing a property seizure order that authorises the Office of the Sheriff to seize and sell your property.

      And regardless of who owns your house and car and your worldly possession, the sheriff can seize assets up to the amount to recover the debt. If they are not yours, it is up to the owner to prove ownership of the items.

      If any property listed on the inventory belongs to someone else, the legal owner can apply for its return by filling in a Notice to Sheriff of Disputed Property form

      Pay your fine and stop parking like you own the planet.

  • +25

    Darn those greedy councils trying to ensure that disabled parking spots are available for the people who actually need them.

    They have ways of forcing you to pay, but they won't be taking money from your bank account. You could have your license suspended or they could cancel the registration of the car.

    Pay the fine, and don't used disabled parking spots.

  • +12

    You do something wrong and the council is the greedy one? Fair dinkum mate.

  • +12

    Why can't disabled people learn to walk a bit further and park like the rest of us?!

    • +4

      They don't have kamehameha stamina like yours.

    • they wouldn't be called disabled if they can walk, can they???

      • +2

        Hahaha he's being a smart ass.

        Although there are plenty of disabled people who can walk.

      • thatsthejoke.jpg

      • Touche

    • +3

      Damn this whooshed a lot of people.

    • why walk when you can use ur Ki to fly

  • +6

    Not sure in NSW but in some states after some time of unsuccessfully chasing you they will cancel your license. You may get pinged by a sheriff patrol via number plate recognition and they clamp you car,

    Just pay the fine before other costs add up to make the fine double or triple

    • +1

      Same in NSW. I’ve seen the sheriff driving around shopping centre car parks with camera equipment scanning car number plates looking for cars to clamp and sticker up.

      • Can confirm the same occurs at Fountain Gate shopping centre nearly every Saturday.

  • +3

    I hope you find yourself in need of a disabled spot one day OP and they're all taken.

  • do they use bikies?
    .

  • +2

    Your license will just get suspended and then you'll receive another fine

  • +1

    Just pay the fkn thing and don't park in disabled you hear?

  • +10

    You need to teach those greedy parking rangers and councils a lesson. You need to park in the disabled parking spaces each and everyday and get fined $500 per day. Just ignore the fines and everything would be sweet.

  • +3

    They can enter your premises and seize belongings and sell them to settle the debt. If it's going to go to the sheriff its really not worth dragging it out.
    I'd suggest its far more likely it would go to debt collectors who will just mess up your credit rating

    So like a real ozbargainer go take out an ANZ QFF black CC, sell the 75k points and pay the fine. Then cancel the card and take out a Westpac or St George card an use the 120k point to go on a holiday. After all that your credit rating will still be better than if a debt collector gets hold of it.

    • +1

      TIL Australia has Sheriffs as well as these Sheriffs have the power to settle debts. Interesting, I never knew that.

  • +7

    If you shot the sheriff, do not shoot no deputy.

  • +24

    Personally I feel you have displayed a disability - a total lack of common decency

    • +1

      Actually they won't. OP still will lose their licence eventually though.

  • +8

    nah mate stand your ground. Whenever you see a disabled parking spot, just park there next time. You gotta make a stand. No one else will, so you gotta do it for everyone else. Ignore everyone above.

    • +4

      Many disabled people can't take a stand :-p

  • -4

    Can Sheriff take my money out of my bank account without my consent?
    WTF are you on???
    No one can do this…

    • +8

      Then you are in for a rude awakening… If the debt remains unpaid, the SRDO can put application in to take the funds from your accounts and/or garnish your wages until the outstanding debt is paid in full…

      From the NSW Justice website…

      • issuing a garnishee order to take money from your bank account or wages
    • The SDRO most certainly can. I've seen it happen first hand when someone went to withdraw money from the bank and most of it was taken by the SDRO.

      They set up a payment plan very quickly after that!

    • +1

      The ATO can do this too.

    • Take a look at this page mate: http://www.lawaccess.nsw.gov.au/Pages/representing/Local_cou…

      A garnishee order is a court order that allows you to recover the judgment debt from:

      ​​the other party's bank account
      the other party's wages
      someone else who owes money to the other party.

  • +1

    This will be the first fine I am not paying.

    -Well you say that now.

    Can Sheriff take my money out of my bank account without my consent?

    Yes and also from your wages.

    issuing a garnishee order to take money from your bank account or wages

    • +3

      Next post…

      “Sheriff is here and taking all my stuff… how do I convince them that everything in the house is my second cousins best friends room mates sister’s stuff???”

      • Can't wait for more dramas. Luvin' it.

  • Is it really $500 for such a fine in Sydney? Wow…

    That's more than the penalty for running a red light.

    • +2

      It was probably a $150 fine that OP let spiral out of control and collect fess and court costs.

      If arrogance and pride had a price, this would be it.

      • +3

        Or a troll post.

        • +2

          Actually, from the RMS website… (as of 1/7/18)

          Sec 650 (1), Stand vehicle in disabled persons parking space without authority
          7 (fine level)
          $561 (fine)
          1 (demerit point.)

          Or Sec 203 (1) Stop in parking area for disabled (same fine and demerit points…)

          TIL… damn that’s a massive fine. Only fine higher than that for parking is “Display scheme authority in contravention of condition” (ie: using mums disabled card when she isn’t in the car.) and that fine is $673.

  • +6

    OP, you know that you are going to cop heaps of flak here right? …
    But tbh $500 is a bit excessive. I mean Councils don't receive enough money from rates to pay for their $400K PA CEO's .. so they have to get if from somewhere else :-)
    These days they are hiding in the bushes for their monetary catch of the day ..
    You have to read and obey the signs otherwise you will get nabbed very very quickly …

    • The $500 is set at a state level. Makes me wonder if council would receive all of it, in any of it, or if it would go to the state.

      • I think council and state are different. State issued tickets would be the ones issued by police. Council tickets are issued by the council rangers.

  • +2

    I call troll.

    • Trolls on this site get well fed

  • +2

    Hey OP, can you elaborate on why you stopped in the disabled spot.

    Yes $500 is more fkn council thievery but at this point in time they are absolute masters in theft, protection rackets and all kinds of stand-over tactics. They put the mafia to shame TBH. But would be interested to know if you had a good reason to stop there.

    • +1

      Laziness.

      Or

      Just trollin'.

    • +1

      Hey OP, can you elaborate on why you stopped in the disabled spot.

      Because the passengers held that parking space by standing in it.

  • +1

    i have a feeling this thread is going to go down in OzBargain folklore, and op will delete his account

    • +2

      disableduser in 3… 2… 1…

      • +5

        Will that mean they will now be entitled to park?

  • +1

    Our home and car are not under my name.

    the owner of the car will receive the fine.

    I'm sure they will be happy to pay your fine.

    or they can nominate the driver/you.

  • -2

    Whenever I've refused to pay something I went to court a few times and then the judge took me into her rooms and basically said in a nice manner she can see that I'm a decent person and she doesn't want to do it but if I don't pay she's going to jail me.

    I paid lel.

    If you don't pay you won't actually go to jail, you will be incarcerated in a police station or a remand centre for a short period. From what I hear the police station can be almost pleasant if the cops are nice and you don't want to be in the remand centre: you will be strip searched and then placed into a cell usually with other people who are often hardened criminals in a place with worse conditions than most prisons in Australia.

    • +6

      I’ll take “shit that never happened” for $500…

      • +1

        or "and everyone clapped"

        • The judge? Alberta Einstein.

    • +1

      then the judge took me into her rooms

      This reads like the start of a…. actually you know what nevermind.

    • +2

      Utter BS.

      You can't be incarcerated or remanded for debt unless the debt is from a criminal action, fraud or you take a swing at the judge at the hearing.

  • +1

    For someone who asks "how should I drink Johnny Walker Blue Label" - $500 shouldn't seem like a lot - especially when you may have caused a disabled person further inconvenience that day.

    Stop being entitled. Pay the fine.

  • Wait..you didnt specify

    Did you only get the Parking Fine in the mail, or you returned to your car which was parked in Disabled and found a ticket on windscreen?

  • They can cancel your drivers licence if it drags out too long and you don't pay. Have fun with that!

  • +2

    Here's my advice: tell em to F-off. If they insist, send them an envelope with white powder in it. Just, you know, be a real prick. I'm sure you can master it.

  • LOL

    Wait till they cancel your license, and/or take you to court where you will then have to also pay ALL legal fees you knob.

  • How do I downvote a thread?

  • +3

    OP, just tell the council you are a Sovereign Citizen, recognised under the Magna Carta, and the corporate identity forced upon you at birth does not recognise the jurisdiction of the Council.

    Make numerous reference to the fact Council has no contract with you. You can't be forced to pay for something without a written contract signed with your signature and your blood. Also refer to Council powers being in direct violation of the constitution. Feel free to mention the King James Bible at this point.

    I would also stress that the Queens Roads are a way of right and Admiralty Law allows freedom of passage for citizens regardless of disability status.

    Don't forget to come back and post how you went!

    • OP wasn't driving, they were travelling.

    • punter1, don't forget to record the confrontation, shriek and cry like a wuss when you got owned =)
      you're a gift to this planet OP, please stand your ground on this and all future misadventures lol

  • Be careful OP because the OzBargain bikies might roughen you up and get you entitled to the disabled spot

  • +1

    To be fair and creative, the disable parkings are not being utilised in full. I definitely see improvements can be done, like to allow paid short parking there for everyone but free for disables.

    • This is exactly how it is. OP just stopped there and the fee was $500. Great user pays system.

  • Long story short, I did stopped there & I can afford to pay it but not willing at all.

    You need to respect the disabled spot, they're reserved for a purpose.

    I give 100% support to the Sheriff in this case.

  • If the sheriff breaks your legs then you will have a valid reason to wheel in and out of one of them spots

  • Thread closed, doesn't appear to be any useful / insightful answers and no replies from the OP.

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