Received a Fine - Double Parking as I Was Waiting to Park

raiseyoursteaks on 10/01/2019 - 00:15
Last edited 11/01/2019 - 09:19 by 2 other users

Dear all, happy new year. I've used this site to save money and also spend unnecessary sometimes. I've also found some good recommendation throughout the time using this site. Thank you for being part of this great community.

I need to know on what grounds of defense do I have here for a parking fine which was issued to me.

Infringement - double parking on infringement 189.
- I was waiting for a guy to to get out
- I wasn't blocking the flow of traffic
- Happened on Kingsway, Glen Waverly

  1. If there was an officer who clearly had an issue, shouldn't he have asked me to move first. To which I will let him know I was waiting for "that" particular car?

  2. Does it mean we should never stop and wait for someone in their car, taking their sweet time to get out, but you know they're coming out but you just have to wait a little longer. To me, as long as you don't block traffic, why would this be an issue?

  3. Can I request for pictures of proof? How do they proof how long I waited? I did eventually park in the spot I was waiting for, got out and left before the 1.5 hour mark.

  4. Can officers just hand out tickets without sticking it on my vehicle? After all i was still there. I find this too sneaky an attempt from Monash City Council.

  5. What options do I have to challenge this ticket?

Let me know your thoughts. I mean if I'm wrong, I'm wrong but why…. Need your opinions.

Automotive Parking

Comments

  • HighAndDry on 10/01/2019 - 01:17
    +3

    I was waiting for a guy to to get out

    You mention that you waited a while, so I gotta ask - how long exactly were you double parked there waiting? Because I agree with you that waiting a reasonable amount of time for someone to get out of a spot should be perfectly fine.

    • poboy on 10/01/2019 - 09:12
      +1

      This is the key question. Were you idling for 2 minutes or 2 hours? I would have thought that ~5-10 mins of idling would be ok, but not knowing the full details it's hard to gauge.

      • raiseyoursteaks on 10/01/2019 - 10:50
        -6

        about 10 mins no more and I eventually managed to park.

        • [Deactivated] on 10/01/2019 - 10:59
          +12

          Who sits more than a minute or so waiting for someone to vacate a parking spot?

          • lbsyc on 10/01/2019 - 13:58
            +1

            @[Deactivated]: Exactly, there are plenty of parking areas nearby and OP chose to wait 10 mins at this buiest parking spot right outside of shops.

        • HighAndDry on 10/01/2019 - 11:39
          +5

          10 minutes? I've parked, done my shopping, gotten a coffee, and left in less time than that…

        • ronnknee on 10/01/2019 - 17:52

          about 10 mins no more and I eventually managed to park.

          Then what do you think is a fair length of waiting time for a car to be considered as double parked?

        • bobbified on 10/01/2019 - 18:08
          +1

          I wouldnt be surprised if the parking inspector was sitting far away watching for more than the first 5 minutes, realised no cars were leaving and then wrote the ticket before the other driver came to leave their spot.

          I personally hate when cars just stop there when no cars are leaving yet. Cars are often stopped on both sides and it forces everyone else, coming in both directions, to squeeze through a small gap. I would call that double parking.

          It's different when you're stopped and actually waiting for someone to leave their spot.

  • bobbified on 10/01/2019 - 03:25
    +1

    Your options are really only those on the back of the ticket.

    Where available, I would definitely request for the photo evidence - that might assist in your appeal especially if you can see the exiting vehicle with the brake or reverse lights on and/or the car is partially out.

    Scumbag councils at it again.

  • whooah1979 on 10/01/2019 - 05:43

    shouldn't he have asked me to move first.

    The ranger doesn't need to remind motorists to follow the road rules. This way is more effective.

  • whooah1979 on 10/01/2019 - 05:45

    I mean if I'm wrong, I'm wrong but why

    Is there parking restrictions on this road?

    • 87percent on 10/01/2019 - 08:49

      Yes there's angled 1.5hr parking limits

      • raiseyoursteaks on 10/01/2019 - 10:49

        But I haven't got into the parking spot yet. They booked me while I was waiting and I received the notification a month later.

  • AnDyStYLe on 10/01/2019 - 08:07

    Was the fine given on the spot or sent to you in the mail?

    I venture there frequently and pull up to drop off similar as you before so wouldn’t want any nasty surprises in the mail if that’s what they do.

    Sorry to hear, council are money hungry scums. Thanks for the post though as it’s given others awareness.

    • raiseyoursteaks on 10/01/2019 - 10:50

      I received it a month later. Had to think when I went in there and it was a time when I was buying some meat at the butcher there.

    • Samsungnote10 on 16/01/2019 - 03:05

      I too know that car park and i dont know if its council related but i see a lot of clamped cars by the sherrifs,

      Its quite a sight

  • Melb69 on 10/01/2019 - 08:15

    What does the actual infringement notice say on it. They must be on a blitz and tying to get their quota up. Happens all the time. Don't ever just part in a no standing sign spot. They are a good one. If they are waiting there your fined straight away as no matter how long you are parked there you shouldn't be there.

    You can try going to court and represent yourself. No gurantee of winning. You can pleasd to judge you have a good driving record no recent fines. Assumuing that is your driving record.

    By the way I hate double parkers…..Understand though its the nature of trying to find a park in a busy strip. You just drive around them or have to wait. The waiting is the issue for the car behind.

    • raiseyoursteaks on 10/01/2019 - 10:54

      Wasn't blocking and I recall it was at a time late in the afternoon.

      What are the risk going to court?

      • Melb69 on 10/01/2019 - 11:31

        Your time and possibly court costs(council may send a lawyer, Doubt it though) if you lose I think. I've never gone down the path as its a time versus value outcome. You may win, but if it costs you a day off work or you could be spending that time on doing better things its not worth it. The judge may just give you the win, but its really a roll of the dice I think.

        Also what amount was it.

        You could try writing a letter to argue your exemplary driving record. They will likely stand by their notice. Just easy for them as they know you wont bother with going to court. Its a rort for Council.

        • raiseyoursteaks on 10/01/2019 - 11:42

          $97.

          Councils will not budge for sure. Glen Waverly is a cash cow for them, towards 9.30 you can see the ticketing officers running to check more cars and potentially issue out more fines.

          Spoke to them and got the impression that they will rather not go to court.

  • Ugly on 10/01/2019 - 08:20

    Firstly, Did you at any time turn off the engine and/or leave the vehicle? If you did not, then how could you have been "parked"?
    Secondly, is the area you stopped in marked with "No Parking" signs or "No Stopping" signs? If it's "No parking", then you are still permitted to stop for up to 2 minutes.

    From RACV - Parking Explained

    No parking
    A ‘No Parking’ sign means that drivers must not stop in the area indicated by the sign unless they are dropping off or picking up passengers or goods. While stopped in a ‘No Parking’ zone drivers are not permitted to leave the vehicle unattended, which means they must remain within 3 metres of the vehicle. The driver must complete their task and drive on as soon as possible, within the time limit.

    Unless the signs say otherwise, the time limit for stopping is two minutes.

    • raiseyoursteaks on 10/01/2019 - 10:56

      Never turned of the engine or leave the vehicle. My son was still asleep and I had to park before I could pack him up in the pram.

      Wasn't a no parking sign, but I did stop more than 2 minutes. Vehicle was never unattended. If its 2 minute rule then I am guilty as charged.

  • 87percent on 10/01/2019 - 09:20

    i drive along this road a lot, and people double park all the time (restaurants all along this road, people dashing in to pick up take away and that) .. i wouldn't be surprised if OP did it honestly

  • angusngon9 on 10/01/2019 - 10:42

    Do they give you the ticket on the spot or mail it out in Melbourne?

    • raiseyoursteaks on 10/01/2019 - 10:51

      they mailed it and I received it a month later.

  • Melb69 on 10/01/2019 - 11:32
    +1

    I suspect its been brought about by the Uber eats collectors. No regard for parking rules. Council are trying to put a stop to it.

  • chickemugget on 10/01/2019 - 12:42

    This was a thing many years ago on Kingsway. Can't find the post anymore but there was a lot of uproar on their facebook page when they announced it. From what I recall, it was to deter people from stalling there for ages waiting for a spot and also blocking traffic given the stretch of road was so short. They did it regardless if there was traffic banked up behind you.

    I recall someone on fb had their car snapped on camera as they parked after allegedly double parked, still got fined apparently. I understand where council is coming from to have such a rule because it's really frustrating how clogged it can get, but they need to judge it on a case-by-base basis

    Good luck OP if you are fighting for it, but I can't see them budging. Maybe ask for video evidence to prove you were stationary since one photo can't prove that.

    • raiseyoursteaks on 10/01/2019 - 12:59

      Thank you. When you mention their, is it the council facebook page?

      • chickemugget on 10/01/2019 - 13:36
        +1

        I'm pretty sure it was, but it was a while back so I don't recall exactly. My memory just remembers the person who was tagged in that post ahahaa

  • spersephone on 10/01/2019 - 13:34
    +1

    I would have thought that you could sit stationary for a matter of seconds, up to a minute, as someone is leaving a spot. If they’re not actively leaving, edging out, indicator on, you should not be hovering over them.

    It is also possible that they purposely took their time to annoy you, as the hovering behaviour is irritating. You don’t know if they were planning to leave, or if they were just organising themselves and planning to get back out of the car for something else. Or if they were waiting for someone to come back.

    I know that I will take my time or in fact get out of the car sometimes, because having someone assume I’m leaving is annoying. There are many reasons why you may not be ready to leave, and unless it is obvious, don’t assume.

    Ten minutes is an enormous amount of time to sit waiting for someone else to move, and you’re impeding traffic.

    • deveshwar0 on 11/01/2019 - 17:45
      -2

      So you are one of those annoying people who would notice that someone has seen you approach your car and has assumed that you're leaving. They have then engaged thier indicator waiting for you to leave and rather than gesturing to them that you're not leaving, you'd just waste thier time and frustrate them?
      Kudos mate!

    • spersephone on 14/01/2019 - 19:56

      I probably did not make myself as clear as I meant to.

      Yes, I will dither about, and possibly get out of the car to make my point, when I am not actually leaving my car.

      But I don't believe it should be my job to keep watch for people and alert them to the fact that I'm not ready to go. Like I already said, if the indicator isn't on, the lights (my car automatically has the driving lights on), or my car isn't edged out of the spot clearly waiting to leave, don't assume that I am.

      I have to wait quite some time for my elderly father to get his seatbelt on and in his seat properly since his stroke. It can take a few minutes of getting him organised before we can actually drive off. Or I might be waiting for my husband to come back having gone our separate ways to different shops at the last minute.

      Simply put, if it's not obvious, don't hover and expect someone to move. They may not be planning to move yet, and it can be intimidating when someone is stopped in front of you staring at you.

  • GaryG on 10/01/2019 - 19:27

    I tend to agree 10 minutes for sitting there. Anything more than a few minutes would be stretching it. And yes there is no need for them to approach or give you a ticket. They would have taken a photo but it isn't like you are challenging the fact you are there.

    Just accept it and move on.;D

  • billy3000 on 10/01/2019 - 20:50
    +2

    10 minutes is outrageous!! what gives you the right to delay or inconvenience other drivers?

    this has nothing to do with revenue raising and everything to do with keeping our roads clear and safe.

  • pegaxs on 10/01/2019 - 22:47
    -1

    10 mins is double parking. Hell, 5 minutes is double parking. 1 minute is “waiting” for a parking spot to clear.

    Pay the fine.

  • ykwon10 on 11/01/2019 - 08:46
    +2

    Agree that 10mins is too long.

  • deveshwar0 on 11/01/2019 - 18:03

    Did you actually notice someone approach or get in thier car and then engaged your indicator before deciding to stop there?
    This could be the only acceptable explanation IMO.

  • Ughhh on 11/01/2019 - 18:14
    +1

    10 mins is wayy too long.

  • Corrugated Ironman on 11/01/2019 - 18:18
    +2

    10 minutes is way too long. The parking inspector may have thought you were waiting to pick someone up. It sure would have looked that way to me. Anyway you were double parked.

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