Given a No Stopping Fine despite Flat Tyre

Frankensnore on 11/03/2021 - 12:29
Last edited 12/03/2021 - 09:14 by 1 other user

Hi all,

Final Edit:
I decided just to pay the fine. The time wasted and loss income to go to court is not worth it. I feel robbed, but that's OK. I keep reminding myself that in the past I have broken laws (speeding mostly) and not caught, and this is to pay up for those.

Edit:
I see a lot of responses suggested to go to court. Has anyone done this before? How does it feel like? Please describe the room for me.
My dilemma now is the lost income from going to court and the trouble as well as possible additional costs if I lose.

Tldr:
I had a minor accident that causes my tyre to be flat. I didn't know it was flat until I stepped down from the car.
To check what's going wrong, I had to stop the car, and the only immediately available space is on a no stopping sign.
I then was given a no stopping fine by mail.
I asked for leniency showing proof, however this is denied based on the reason that the car is still able to be driven.
Do you think I have a case to go to court and argue that the car is undriveable?

Long version:
On one of the busy weekday morning my car accidentally hit/brushed the side wall of my garage. It seems to be just a very light scratch, and so I get on with my day.

After a few kms, I feel that the car is not stable.i feel that I have to stop and inspect what's going on, before I continue.

I happened to be in a busy area where all parking spots are taken. Although even if it is not, it is unlikely I can perform parallel parking safely. As at this time the car is practically tilted to one corner. So I stopped at a side road that is safe (not blocking gate or close to intersection), which happened to be a no stopping sign.

After stopping I get out and found out the tyre has been ripped and completely flat. I call out road side assistance to replace the tyre.

I have given all this proof to the sdro, however their reply was that since the car is still drive able, no leniency is given.

The fine was $272.

I'm thinking now whether to argue this in court or just let it go.

Automotive

Comments

  • wallet72 on 12/03/2021 - 11:00
    +3

    yeah this needs to be contested. If you drove with a flat and caused an accident you'd be in all kinds of trouble. This is definitely a valid reason to stop in a No Stopping zone. Put it another way, if the engine has died and you couldn't move the car would the fine still stand? It's the same thing - undrivable at the time so you had to stop.

    If this doesn't get contested it'll just keep happening.

  • Windows98 on 12/03/2021 - 11:08
    -4

    No stopping means no stopping. Even if it's an emergency you get the fine.

    Same deal on the autobahn, no stopping even if your car breaks down and you literally can not drive it. You will get a fine for stopping on the highway.

    • skidexa on 13/03/2021 - 15:02

      Do you still get a fine if you get into a car accident and someone dies? /s

  • mini2 on 12/03/2021 - 12:07
    +3

    If they gonna start fining people with busted tyres who stopped in no stopping zone then does that mean every person now who's involved in an accident, blocking a lane should also be fined? Half the time those cars are probably more driveable than OP's busted tyre but the dimwits have decided let's exchange details and take happy snaps in situ while being a nuisance and a traffic hazard not to mention endangering themselves with traffic driving past them.

  • blorx on 12/03/2021 - 13:24

    I got pulled over by cops defected for having car too low. Later that day realised my tyre was deflated at the back. Can't remember if I changed the springs over but yeah, nice of the cop to notice /s.

  • RocketSwitch on 12/03/2021 - 14:57

    Feel for you. I was in a similar situation, the hub cap flew off, the tyre completely flat. Car be swaying, hobbling, etc. I parked as soon as I could. No stop sign. Got out and thought, shit. Went back in, drove back home, hazard lights on 5kh. Home was only 10km away.

    Anyway, that's the world we live in OP. Always somehow save yourself from the shit, because even if you're dying, they will find some excuse. BUT YOU COULD STILL BREATHE!!

  • sauce2k on 12/03/2021 - 15:00
    +1

    revenue dogs. I feel for you OP!

    "I decided just to pay the fine. The time wasted and loss income to go to court is not worth it. I feel robbed, but that's OK. I keep reminding myself that in the past I have broken laws (speeding mostly) and not caught, and this is to pay up for those."

    Love this attitude haha!

  • mrvaluepack on 12/03/2021 - 21:24

    $272 is definitely worth going to court for. You should have went and told us your outcome story :(

  • guier64 on 12/03/2021 - 23:19

    Look like your local concil is short of money….

    I got a $270 fine for stopping at loading zone, I literally still in my car, I stopped less than 1 min to play pokemonGo.

    I did not see the parking inspector, the photo sent to me was taken by a dash camera from a car.

    I do see people in the CBD sometime use loading zone for picking up or dropping off, my council less busy than CBD however much more strict than Melbourne CBD.

  • cashless on 12/03/2021 - 23:39
    -2

    If sign says “don’t stop”. Don’t stop

  • chatwyn on 13/03/2021 - 04:56

    As someone who has gone to court - so it turns out, that if you are on a P1 license and you go 10km over the speed limit in a school zone, you will get a letter in the mail with the fine - which I paid, and then a second letter saying that your license will be suspended for 3 months, 'it will start from this date, is this OK with you?'

    I paid the fine as yes, I did the deed and should get fined, but I needed the car to get to work and can't afford 3 months of lost income

    Paid the $80 ish court fee, brought character references from coworkers, letter from my boss saying that they need me for work. You go in the court room with all the other car and traffic related cases. All the cases were read out in public, each case normally only takes a few minutes for judge to deliberate on, the longest part is waiting for your case to be called out. It was interesting to see the judge make decisions and a fair amount of cases were forgiven if it was reasonable - ie case where kid in the backseat had undone a seatbelt, parent hadn't known, they got fined - judge asked 'will you check your children's seatbelt in the future?' man said 'It will be the first thing I do from now on' - judge let them go 'case dismissed'. Cases were people were caught with a phone in their hand, but explained that they were just adjusting it and not texting - judge also went easy on these people. Cases where it was a repeat offense or very high speeds or risk of loss of life - judge was tougher on these. My outcome was favorable

    I know you said you paid the fine, but I think you have a good case and should go to court, and if you do, I think you would get a positive result - but it is a day's loss of income, so need to consider the benefits vs cost.

    • gravel on 13/03/2021 - 10:02

      Just for the record I am almost 100% certain that payment of the fine is not in itself admission of guilt.

      • Frankensnore on 13/03/2021 - 19:27

        This is true, I can still go to court after payment. It was to avoid late fee.

        Since it carries no demerit, it was just about the money. And the math is better to just pay.

        However, I feel so disgusted by it, so unfair.

    • mini2 on 13/03/2021 - 12:19

      The court's a funny place where driving while disqualified, driving unregistered and driving insured combined is worse than a mid to high range DUI offence.

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