[WA] Issued a Clearway Infringement

Firstly, some background. I very recently started renting in the City of Subico and my house is on a road that is a clearway at peak times.

I parked my car on the road just outside my house. Clearway is 4:30 to 6 so I go to move my car and find I've already been ticketed at 4:31.

Would it be worth trying to ask the city for some leniency?

Comments

  • +22

    https://www.stirling.wa.gov.au/services-and-support/parking-…

    I was only running a few minutes late

    We won’t withdraw the infringement, even if you catch up with the parking officer.
    Drivers are responsible for choosing parking areas that allow enough time to attend to commitments.

    It’s my first offence; can I get off with a warning?

    A clear driving record is not grounds for appeal, regardless of whether you admit fault, request a warning or you are of good character.

    • +12

      *op is in subiaco not stirling.
      But i live in Subiaco and have had close contact with the council.
      In short, no. Clearways are there for a reason unfortunately. As ruthless as councils are on parking, which i feel is a little over done, clearways are enforced to maximise car volume and reduce the possibility of collision during peak hour times, honestly i'm all for councils cracking down on this.

  • +33

    No. Parking in a clearway is a major obstruction to dozens if not hundreds of other road users.

    Clearway parkers deserve to be dealt with harshly.

    • +4

      I live on a clear way in Sydney’s north, and every other week someone has forgotten to move their car.

      The backlog that one car can cause during peak hour is insane (well pre-rone times anyway). Everyone has to slow down to let cars in from 2 lanes to one. I reckon it adds a good 5mins to everyone’s journey.

      Now imagine that affected 1000 vehicles, that’s 83hrs of additional commute time for the collective. And OP thinks his $200 fine is unjust?

      People who park in Clearways deserve the fine.

      • FYI, you can report cars parked in clearways to the Transport Management Center on 131 700. They'll organise a rostered tow to have the car removed.

        • They normally drive up and down the road at the start and end of the time because they get paid per car.

          I was getting towed because my car broke down in a clearway, which apparently pays them less, so I sat around for at least an hour in a clearway unable to move while they drove around picking up everyone else before a different guy showed up and towed me.

    • -2

      4:29 = no obstruction perfectly safe
      4:31 = CATASTROPHE IMMINENT, ISSUE FINE ASAP

      • +1

        it's called the tipping point for a reason

  • +7

    Take it to court, the judge will look at the 1 minute and throw it out.

  • +22

    Would it be worth trying to ask the city for some leniency?

    Well, they didn't tow the car away.

  • +2

    If I were you, I'd appeal/take to court

    as one minute is normal variation of different watches etc

    should be at least 3 minutes before they issue a fine

    • +2

      Citations required.

    • +5

      I don’t think it matters. All it matters is if the ticketing
      Machines time is 4:30.

    • Yeah unfortunately unless there's a 3 minute leeway printed somewhere i don't think the OP will be able to appeal. Also the City of Subiaco is known for being tenacious when it comes to infringement notices.

  • +2

    Clearway is 4:30 until 6.

    You can try…
    https://www.subiaco.wa.gov.au/Your-council/Parking/Online-in…

    However, what's your excuse?

    • Thank you for the link!
      My appeal would be as my first parking offense and the unreasonable timing.

      • +1

        Yeah, probably won't fly unfortunately. Subiaco is pretty ruthless.

      • Ticket might say 4.31pm. but how long after did you go to move the car?

        If you were just a minute or two behind, you would have seen the Ranger.

        So ticket time is irrelevant.

    • -2

      Try food poisoning and diarrhea. At least it is beyond your control. No evidence needed, i presume :)

      • Medical certificate from a doctor would be required.

  • If they wanted to be lenient the parking inspector could have rocked up 15 minutes late. They would have no idea whether you would have moved your car 1 minute or 1 hour later.

    • +2

      The parking inspector was probably there at 4:30 because they received a complaint from someone previously. Likely to be a repeat offender.

      • +4

        First time I've ever parked my car there, only bought my car Wednesday. Love how some people like to assume the worst though.

        • I mean if it starts at 4.30 and you got ticketed at 4.31 then clearly they are waiting to ticket people the second the clock ticks over.

          Are they revenue raising scum taking advantage of residents? Or simply trying to enforce the rules to make the clearway work properly?

  • +9

    So the inspector got there at 4:31.

    At what time did you eventually rock up?

    • -8

      I got there around 4:30 within a minute or two. I could see the inspector further up the street, wasn't going to challenge him as that never works.

      • +18

        around 4:30 within a minute or two.

        Well, after 4:31 is around 4:30 I suppose.

        4:31 on the ticket, takes a minute or two to issue, and couple more to wander down the street… but yeah, 'a minute or ten'.

        • +3

          if the clearway is 4.30 to 6 then you should have gone by 4.29:59 seconds. Least he gave you a full minute but I know it doesn't seem long..I suppose the inspector was probably passing at at 4.25 hoping all the cars would have already been gone.

          When I first came to Perth many years ago I remember not knowing the clearway concept and parked in the middle of the city after seeing the 15 minutes free parking part of the sign. I parked and got out my car to collect something from a local shop and the nice traffic warden ran after me and told me that it is a clearway zone and you will get a fine and my car towed away. I was so grateful to him!

          • @PerthectDeal: The inspectors will usually give you a few minutes grace, but not in clearways.

            Some places would have towed @OP at 4:30 on the dot.

  • +18

    Welcome to the city of Subiaco ;) Now they're not making money off people parking in stupid spots for the AFL, and no one is visiting the strip any more, they need revenue somehow…

    • Lol used to live there long time ago. Subi used to be great in the 90s and even up to the resources boom. Then the nimby council and overpriced leases killed it. Good riddance.

  • +9

    You could try the Watch Factory for a new watch.

    I loath people whom have parked in clearways.

    • -2

      Funnily enough I've been in the market for a new watch. Probably wouldn't have mattered because before today I couldn't imagine for being ticketed on the minute.

      • +2

        I've been in the market for a new watch.

        Wont find any watch deals here any more… the mods banned the three main guys that posted watch deals…

        • +6

          Sounds like they ticked off the wrong people.

        • @pegaxs Why's that?

        • Won't find any watch deals here any more

          In the past 10 days we've had 20 watch deals.

    • Stupid name considering they don't manufacture any watches.

  • Be more punctual - move your watch and clocks forward 5 minutes if this helps.

    • +33

      Next post: "I was fined for parking in a clearway at 5:55…"

  • +4

    Some streets in Melbourne have tow trucks waiting for clearway times to commence. Recovery fines are big.

  • As someone stated above, is 4:31 when you were ticketed or when you arrived?

    • When I was ticketed. The officer actually logged it at 4:30 and the ticket printed at 4:31.

      • -1

        When did you arrive? I mean if you arrived at 4:31 and 30 secs im sure you have a case as watches are different. If you arrived past maybe 4:35, I doubt it

        • And how will OP prove their arrival time?

        • 100% sure I didn't arrive past 4:35. I wish I knew for certain what time I did get there but I got flustered when I saw the ticket.

          • @Mixhael: unless they are unusually lenient around that suburb I think you have no hope. Clearways are usually strictly enforced with no leniency as you are obstructing traffic flow.

  • +26

    I was just a little bit over the time…
    I was just a little bit over the line…
    I was just a little bit over the limit…
    I was just a little bit over the speed…
    I was just a little bit after the red light…
    I was just a little bit over the *insert fine here*…

    Sums up just about every "I received a fine…" thread on this site…

    • +6

      'My friend' has a lot of those problems.

    • +1

      I can't speak for others, but for me I posted because I wanted to know what others thought about the situation. If it had been 10 minutes into the clearway, I wouldn't have bothered posting because I'd obviously be in the wrong.

      • +3

        If it had been 10 minutes into the clearway, I wouldn't have bothered posting because I'd obviously be in the wrong.

        1 minute late, and you're still obviously in the wrong.

      • Yeah, just 1min over is harsh. But you should have moved atleast 10min early. We all miss a train when one minute late.

      • +1

        You might want to go back and re-check the signs. Pretty sure that the Clearways in Subi start at 4:15pm meaning the Inspector has actually given you 16 minutes grace.

        • Well… look at you go… Just went on Google maps and found a clearway in Subiaco, and sure enough, it's shown on the sign to be 4:15.

          So, unless OP can provide an area other than this one, where the time is different, I'd say you're spot on. 16 mins leeway, not 1 min…

    • I just pulled the trigger a little bit while pointing it at that kid…

    • if you sum it

      (8 + (insert fine here)*(…))*(I was just a little bit over the) + time + line + limit + speed + (I was just a little bit after the red light) + 8*(…)
      )

      • not sure if i got my maths right

  • +5

    lucky you only got a fine and not skulldragged down a sidestreet.

    what was stopping you from moving the car at 4:25?

    • As the the other guy said maybe 'different watch' lol

    • luck they didn't get put in the penalty box

  • +4

    Personally, I feel clearway obstructors should be towed at the owner's expense. There are areas in Perth and the Town of Vincent where this is in place. They line up ready to go when the minute ticks over.

    Appreciate that you were close, but what was the fine if you don't mind me asking?

    • $100, apparently a modified penalty.

      • +3

        Just pay it.

    • +3

      Exactly what happens in NSW. Park in a clearway, police ticket the car, and a tow truck moves it. Not much point in having a clearway if you're just going to ticket a car and leave it there anyway.

  • +7

    So OP claims that they were 1 minute over and wants leniency.

    What about someone who is 2 minutes over should they also claim leniency?

    3 minutes?

    5 minutes?

    A line has been drawn with no exceptions so that all offenders are treated the same.

    Sounds fair to me.

  • what have you got to lose by trying.

    • +10

      Half a day of income.
      Court costs.
      Dignity.

      There's 3 things for a start.

      • +1

        Umm i think there is a process you can write a letter and ask for the fine to be reviewed. if it gets rejected you still have to pay the fine. no ones asking the OP to go and contest it in court first thing off the bat. now that would be silly. no dignity lost, income lost or court costs to pay in writing a letter

        https://www.legalaid.wa.gov.au/sites/default/files/inline-fi…

      • +1

        And all that for $100.

      • The first two would be factual losses.

        The third one depends on whether OP feels he has any to lose, and is thus subjective, rather than objective.

  • was probably lying in wait

  • +7

    1 minute is enough to say you were waiting for someone to move away from your car due to social distancing and didnt realise it was a parking inspector.

    • +1

      Lol.

      What humour-impaired bugger negged you? Tsk tsk, people these days.

    • I like this.

  • -3

    I absolutely would object.

    There is a thing called the 'reasonable man' test.

    1 minute, is not reasonable.

    Were you there at 4.31 or just the ticket?

    If you were there at 4.31, you would have seen the inspector?

    • Wha?

      • +1

        It's the vibe, y'know, Mabo, the constitution…

  • +2

    You have no chance of winning legally, but that shouldn’t stop you writing an apologetic letter asking for leniency.

    But if you start with some sort of pseudo-legal adversarial “see you in court” stuff then you’ve no chance.

    You probably don’t have much chance anyway - Subiaco is notoriously strict on parking, and if you were on Roberts Road opposite King Edwards Hospital, then even less.

    • That was the spot I had in mind as well

  • +3

    parking tickets are Subiaco council's primary source of income and they will defend this honor with their lives

  • There’s a clear way near my house from 4-6pm M-F, since Covid, no one freaking moves their car during those hours. Pain in the ass driving on the section of road!

    • This also happens a lot during school holidays. Some ppl must stupidly think clearways don't apply.

  • +1

    Thank your lucky stars the car was still there. In Vic there are National towing. All they do is get cars in clearway zones and impound them. KingsWay they park there at top end. Turns to clearway and get to work. You have to get your car back from pound. Like $400 + I think the tow charge.

    You can write a letter, due to it being so close. But harsh. The rules the rules. You coyld have moved it prior. Lesson learned again. Everyone has a phone with a clock. Use the timer.

  • Absorb the pain (we’ve all been there) and ruminate on how to avoid similar pain in the future.

  • +4

    4:31 is after 4:30

    • People will do anything to escape responsibility. It's usually the same people who easily point the finger to others but not when it comes to themselves.

      meh

  • Yeah back to 10 years ago in Northbridge the street parking clear way was 6am. I told my brother to move his car and he said needed to go to toilet first. Went out after the toilet got an infringement issued at 6.01am.

  • +1

    Man up, take responsibility and pay up.
    Im sick and tired of people breaking the law and trying to escape the fine.
    You should have moved your car 4.25

    • -1

      Really?

      • +1

        100%

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