Disputing Disabled Parking Fine Query

L[Deactivated] on 31/08/2021 - 13:55
Last edited 31/08/2021 - 15:14 by 2 other users

You crafty folks of OzBargain.

Long story short, my fiancé borrowed her colleagues car to come home during her work lunch break to take medication for a condition. The car's owner has a disability and a valid disability permit that is displayed. Without putting too much thought in to it, my fiancé then proceeded to park in a disabled spot and subsequently got fined by a police officer who saw her.

Now, she has no disability, so yeah, the fine is valid…albeit extremely steep. Yes, she was wrong… just trying to figure out if there's a way to soften the blow.

Is there any rationale/argument that you can think of that may help her chances of getting off?

Cheers folks.

Edit. Thanks everyone for your replies.

Automotive

Comments

    • popsiee on 31/08/2021 - 15:08
      -2

      Actually China deals with these Idiots better .
      They can help keeping some rich dude healthy with their organs .

      • havebeerbelywillsumo on 31/08/2021 - 16:28

        Totally (to the OP's thread) irrelevant post, I'll continue the racist tinge from another perspective

        In (mainland C, I assume was meant) China if the girl or her associates had power/influence/money perhaps there would have been no ticket, or it would conveniently disappear.

        • Juice-Wa on 01/09/2021 - 08:41

          Completely irrelevant, yes. @popsiee does seem a bit deranged with all their odd, trolling and unpublished comments. Account probably deserves a permaban. But it's not a racist claim and is unfortunately true. See here

    • ChrisLevo on 31/08/2021 - 15:24
      +13

      It's not revenue raising.

      It's teaching someone that breaking a law that parking where you cannot legally park has consequences, especially considering that this law is designed to help folks worse off than the lawbreaker.

      What if someone had keyed the car to teach her a lesson and a policeman had fined that person - would that be revenue raising?

    • p1 ama on 31/08/2021 - 15:44
      +16

      Shouldn't the police be revenue raising elsewhere?

      How is this revenue raising? Making sure disabled parking spots are available for disabled people is literally a noble thing to do.

      • thanatos350 on 01/09/2021 - 10:44
        +6

        It's probably the most legitimate fine that an officer could even hand out.

    • pegaxs on 31/08/2021 - 17:06
      +9

      It's not ReVeNuE rAiSiNg… it's a "do stupid things, pay the stupid price" toll.

    • terrys on 01/09/2021 - 11:13

      You may be able to get in an out of a car without being able to fully open the door, as is normal in ordinary parking zones. It may not even cause you extreme pain to walk even a short distance, or be at risk of falling in the roadway, and I doubt you need to take a wheelchair out of the boot.

      Others can't.

      Still. You're right. How about we don't fine those who decide their short-term haste is more important than other people's ability to travel. We could instead "normalise" their need for a permit.

      How are your kneecaps today?

    • gimli on 01/09/2021 - 22:31

      Shouldn't people not be taking up disability parking spots?

      If we didn't have people like OP maybe police could do other work…

  • orangetrain on 31/08/2021 - 15:01
    -4

    OzBargain, my finance accidentally a baby with a knife in front of police. Blah blah blah. Baby got in way of chopping board. Blah blah blah. She admitted to it after questioning. Blah blah blah.

    Is there any rationale/argument that you can think of that may help her chances of getting off?

    Cheers folks.

  • Archi on 31/08/2021 - 15:02
    +9

    i'm interested in what the real story is

    • gimli on 01/09/2021 - 22:24

      probably op's family has disability permit which is on the car and they have abused.

      Had someone tell me they had a permit for their grandfather on there. They claimed they never parked in disability spots but would get free street parking at metered spots thanks to the permit.

      OP was not only greedy but making the life hard for people who actualy need a disability spot.

  • Baysew on 31/08/2021 - 15:15
    +4

    just trying to figure out if there's a way to soften the blow.

    A box of chocolates.

    • pegaxs on 31/08/2021 - 17:03
      +3

      Tube of KY?

  • bobbified on 31/08/2021 - 15:18
    +2

    … just trying to figure out if there's a way to soften the blow

    Of course - tell her that it's better that the cops gave her a ticket instead of someone assuming (rightly this time!) she looks able-bodied and keying the car.

  • Sterio on 31/08/2021 - 15:41
    +9

    "Long story short, my fiancé borrowed her colleagues car to come home "

    OK, so her home/unit/villa does not have a driveway/garage/visitors spot, but a conveniently located disabled spot on the street?

    Me thinks, as mentioned by many here, there is more to the story.

    Anyway, it appears that she got her just desserts.

  • RockyRaccoon on 31/08/2021 - 15:41
    +7

    Simple

    Get a new fiancé

    your problem is solved in more ways than one.

    • Bafranz on 31/08/2021 - 15:42
      +6

      Wouldn’t be the first time she’s parked illegally, red flag red flag

      • dust on 31/08/2021 - 15:57
        +1

        Certainly seems unlikely that she would be caught in this circumstance if it was a one time thing.

      • parsimonious one on 01/09/2021 - 08:14
        +1

        Yep. Displays a selfish IDGAF attitude.

        Knowingly trying to use the sticker which she is not entitled to use suggests a manipulative/exploitative tendency. ie someone who’ll try and grift to their advantage/ screw over others

  • Ocker on 31/08/2021 - 15:44
    +6

    Soften the blow by taking away her car keys and confine her to a wheelchair for a week

    • Heaps for Cheaps on 31/08/2021 - 15:53

      You could spread the repayments over 3 months or create a GoFundMe campaign and post it here for us to contribute.

      • KSMLJ on 31/08/2021 - 21:30
        +1

        Yeaaa.. nah.

  • Big Lenny on 31/08/2021 - 15:51

    take it up the a** and cop it sweet

  • Luo18740 on 31/08/2021 - 15:56
    +9

    It sounds very unlikely she would have been caught if this is the first time. Perhaps this going home and parking in the disabled spot is a regular occurrence and someone who knows she is not disabled has dobbed her in?

  • Hithere on 31/08/2021 - 16:16
    +7

    Is there any rationale/argument that you can think of that may help her chances of getting off

    Yes, cut her legs off and buy her a wheelchair!!

    I wish the police were more proactive and fined more people using the disabled parking spots and not being entitled to do so.

  • pegaxs on 31/08/2021 - 16:23
    +11

    Now, she has no disability
    the fine is valid
    I'm not contesting that it wasn't a poor choice.
    when confronted about it she told them that she wasn't.

    HAHAHAHA… Pay the fine.

    • ChocStrawberries on 31/08/2021 - 16:34
      +15

      I can't believe anyone would be condoning or encouraging this behaviour…

      From VicRoads:

      An Accessible Parking Permit:

      • can only be displayed when the vehicle’s transporting the individual who the permit was issued to

      And Victorian Road Rules:

      ROAD SAFETY ROAD RULES 2017 - REG 203
      Stopping in a parking area for people with disabilities
      (1) A driver must not stop in a parking area for people with disabilities unless—

          (a)     the driver's vehicle displays a current parking permit for people with disabilities; and

    (b)     the driver complies with the conditions of use of the permit.

      No need to try and find loopholes. The car is not legally parked, because the conditions are placed on the permit, not the car. The permit did not belong to her, nor was the vehicle transporting the person who the permit belongs to, so she was breaking the law.

      • Porker on 31/08/2021 - 16:37
        -5

        I don't disagree with you at all and if the quoted rule is the one that was applied to the infringement, then you're right, there's likely no way out.

        I don't condone the action one way or another.

        It's just a response to the question to assist.

    • havebeerbelywillsumo on 31/08/2021 - 16:37
      +2

      "As example, the car may be driven by a fully able bodied person and the disable sticker applies to the passenger." huh, there was none mentioned????

      There is trying to be reasonable in a post and bending over backwards to excuse, sorry but this reply seems to be the latter.

      • Porker on 31/08/2021 - 16:41
        +2

        No I'm not saying there was a second person, I was merely highlighting a circumstance where a driver can appear to not have any physical disabilities.

        • Switchblade88 on 31/08/2021 - 19:33
          +1

          As a carer, I regularly drive for my wife so I'll often collect her from appointments etc without her being present in the car.

          Of course, if the disabled parks are all taken then my wife has to walk significantly further, so the OP can still get f**ked.

    • pegaxs on 31/08/2021 - 16:48
      +1

      Based on the provided information, I'd say the car is legally parked.

      Wrong…

      What road rule has the driver broken other than a morale / ethical concerns? (You stated: "assuming Victoria" so I will give you that information.)

      Victorian Road Rules state; (OP appears to be in NSW, so the same RR#203 rule applies)

      203 Stopping in a parking area for people with disabilities
      (1) A driver must not stop in a parking area for people
      with disabilities unless—
      (a) the driver's vehicle displays a current parking permit for people with disabilities
      and
      (b) the driver complies with the conditions of use of the permit.

      Further to this, the conditions of use (in NSW) for the mobility parking permit states;

      (2) The permit must only be displayed when the vehicle is being used to transport the permit holder. It must not be used to visit or run errands for the permit holder, when that person is not being transported.

      • Porker on 31/08/2021 - 16:53
        -1

        You're correct if the infringement states that that was the road rule that was breached (or equivalent Victorian one).

        The question I stated was to the OP to look at the infringement. It wasn't intended as a rhetorical question of 'what wrong has the driver done' or similar. Clearly we all have consensus, which I agree also, that she's performed an immoral / unethical action by parking in the spot and without the need to do so.

        The information/response is to assist the OP with their question of if there is a way to circumvent the fine.

        • pegaxs on 31/08/2021 - 17:00
          +1

          that she's performed an immoral / unethical illegal action by parking in the spot and without the need to do so.

          It's not "immoral / unethical", it's "illegal", so I FTFY…

          "Immoral / unethical" would be parking your car in a "parents with prams" or "senior citizens" parking spot at a shopping centre. There are no Road Rules that are written to cover who can park in these parking spots, they are of a moral/ethical obligation, not a legal requirement. Disabled parking spots on the other hand…

          • Porker on 31/08/2021 - 17:08
            -1

            @pegaxs: Yup, I don't disagree she was in breach of the road rule stated.

            I too agree that it was incorrect of her to park at that location, and 'illegal' if it suits your narrative based on the road rule you've stated.

            My underlying question to the OP is that unless the infringement states that that was the road rule that was broken, then that's potentially their course of action to avoid/circumvent (whatever language you wish) the fine.

            • pegaxs on 31/08/2021 - 18:03
              +1

              @Porker:

              and 'illegal' if it suits your narrative based on the road rule you've stated.

              It's not my narrative, it's the State Governments. Mine was a "statement of facts" backed up by links to sources. I had no "personal opinion" or stated anything outside of the legislation I cut and pasted.

              I'd say the car is legally parked.
              What road rule has the driver broken other than a morale / ethical concerns?

              This is your narrative (ie: A "story" based on "personal opinion"). You stated that "you would say" (ie: your personal opinion) it is "legally parked" and that parking in a handicapped parking area is only of a "ethical/moral concern". I stated that this "personal opinion" (ie: "I'd say…") was wrong based on "facts" (Road Rule Legislation).

              Almost everything you said in your original reply "narrative" to OP was wrong.

              Most infringements, at least those issued by Council, need to state the road rule being contravened in order to be legal

              In NSW, an infringement notice in relation to what road rule was broken must have "Short Title of Offence", and a 5 digit offence code (other than driver, location and date particulars.)

              Let's just hope the copper who issued the ticket isn't the biggest (fropanity) head copper in whatever state OP is in.

    • terrys on 01/09/2021 - 11:22

      "What road rule has the driver broken o"

      Is language not your first language?

      She parked in a disabled spot, displaying a disabled sticker in the car when she was neither disabled nor transporting or collecting the permit holder.

      It is not a "disabled driving permit". You're thinking of a cancelled or suspended licence. You may like to think of it as an alternately-abled driving licence with the possibility of it getting better when the suspension runs out.

      • Porker on 01/09/2021 - 13:23

        "…Is language not your first language?…"

        Yes, I speak language. :)

  • havebeerbelywillsumo on 31/08/2021 - 16:46

    Then at best the example should not have been included or should have been reworded, as it is not a relevant example to the situation being discussed IMO.

    • Porker on 31/08/2021 - 16:48

      Point taken. :)

  • havebeerbelywillsumo on 31/08/2021 - 16:59
    +1

    Proved as being a 'reasonable' poster indeed IMO (no sarcasm intended, nor was the anonymous neg from me)

  • websterp on 31/08/2021 - 18:21
    +6

    Without putting too much thought in to it, my fiancé then proceeded to park in a disabled spot

    To me it looks like more than enough thought had gone into finding a disabled parking spot when your fiancé could have easily parked it at a normal spot. Done the crime so it is time to do the time.

    P. S. I see you too have put some though in and created a new ID to post this knowing how bad the backlash would be.

    • Baysew on 31/08/2021 - 18:41
      +21

      Pam, it might be time for your medication.

        • Switchblade88 on 31/08/2021 - 19:36
          +11

          The OP doesn't need advice on how to avoid a fine. The OP needs a lesson on disability awareness.

          • SF3 on 31/08/2021 - 20:12
            +2

            @Switchblade88: Pamster could be “mentally different”… always a zero sum game.

            • Switchblade88 on 31/08/2021 - 20:44

              @SF3: There is a difference between someone who is mentally disabled, and a jerk… Unfortunately neither have stickers to identify them, so I'll leave the audience to decide

              • screensaver on 31/08/2021 - 22:05
                -3

                @Switchblade88: plenty of jerks here, easy to recognise. Dont need to be mentally deficient to see that, its obvious. They roam in packs

        • terrys on 01/09/2021 - 11:24

          Yes Pam.

        • pegaxs on 01/09/2021 - 13:03
          +2

          thats the best advice you can come up with for OP?

          Your great pearl of wisdom for OP was to commit perjury by going to court and lying about the circumstances.

          And you wonder why people troll you.

          • screensaver on 01/09/2021 - 13:51
            -2

            @pegaxs: op had to go and get medication, that is a medical matter so its not lying, Einstein. At least I have useful advice, unlike those whose only goal is to try and put others down. Your type is the unpleasant side of the internet. There is nothing unoleasant about me, there is plenty unpleasant about you and your type. You must be proud of yourselves, you are so much better than others. Not. In fact, you are much worse

            • screensaver on 01/09/2021 - 14:07
              -2

              @screensaver: But you are right about one thing, I shouldnt be here arguing with trolls. It is not a productive way to spend my valuable time.

              • ChrisLevo on 01/09/2021 - 17:17
                +1

                @screensaver: I'm happy to pay you for your valuable time.

                However, it may take me a while to find a one cent coin………

            • pegaxs on 01/09/2021 - 16:43

              @screensaver:

              op had to go and get medication, that is a medical matter so its not lying

              Yes, her medication, not the medication for the permit holder. Either way, under the legislation, unless the permit holder is in the car, or about to get in the car, you are not allowed to park in a disabled parking space if you are not the permit holder, "Einstein". (This is covered in Road Rule 203 and the Terms and Conditions of the Disabled Parking Permit.)

              At least I have useful advice

              Lying to a magistrate is most definitely not "useful advice."

              Your type is the unpleasant side of the internet.

              I merely stated that offering the advice; "lie to a magistrate" would be bad for anyone who decided to take this advice.

              There is nothing unoleasant about me

              Do I need to dredge up your entire back catalog of posts and comments? Some would beg to differ. (ie: Security guard thread, post office yelling match, seminar folder altercation, review bombing…)

              there is plenty unpleasant about you

              Do I need to dredge up the times I have actually gone out of my way to help you with issues (ie: Lost car keys… twice!)

              You must be proud of yourselves,

              I am actually. I take my time to read through things like laws, especially things like road rules, so I can understand them better and to help people understand what law was applied and why they got a ticket. And sometimes, there are cases where I have helped people get off tickets or lessen their penalty by just simply looking over their circumstances and using my knowledge, finding where in the law it may help.

              you are so much better than others.

              I don't think I am "better" than others, but I am certainly better than someone who offers up bad information and suggests that lying to a magistrate is a solid defense against an infringement notice.

              In fact, you are much worse

              I am only "much worse" when I present facts that people don't like or I make them look like a fool when I show that their information is wrong, misleading, a lie or just downright dangerous.

              Not that I think you will take this onboard, but I have a saying for people who think the world is out to get them;

              If you met one person today who treats you like an arsehole, you met an arsehole.
              If everyone you meet treats you like an arsehole…. maybe you're the arsehole…

              • screensaver on 01/09/2021 - 16:53
                -5

                @pegaxs: You can twist anything you want to try and make people look bad.
                The price we pay for freedom of speech is a tonne of nasty comments in return.
                It has made the internet a dark and bullying place, so you have a lot to be proud of as you are one of the perpetrators.
                I will have to learn to put my time and energy to use on my own productive projects and leave you to swim in your own cesspool.

    • Morphio25 on 31/08/2021 - 21:27

      The court won't dismiss the charge. OPs wife either has to plead guilty, prosecution withdraw the charge or it goes to trial.

  • Platinumtelecom on 31/08/2021 - 18:33
    +7

    Also if she had respect for her disabled “friend”, she would have known not to do this

    • ChocStrawberries on 31/08/2021 - 19:38
      +4

      Actually, that's a good point. Her friend should be careful who she loans it to. The permits are hard to get, but VERY easy to have taken away. The fact that she's already been caught using it could mean the permit gets cancelled…

      • justwii on 31/08/2021 - 20:13
        -5

        No way any authority will be doing this. Letting a friend to drive a car is a good act. Requiring the car owner to take responsibility for the wrong act of the driver is too much to ask for.

        • ChocStrawberries on 31/08/2021 - 20:50
          +2

          Being a holder of a disability permit, I'm very aware of the rules, and ramifications if they're broken. But go ahead and tell me I'm wrong…

        • terrys on 01/09/2021 - 11:28
          -1

          "Requiring the car owner to take responsibility for the wrong act of the driver"

          "I lent my car to a friend and my credit card was in it. He bought a $2000 computer and now the bank want me to pay! Requiring me to take responsibilty for the actions of my friend is too much to ask for…

      • Munki on 01/09/2021 - 09:31

        So it's not like if another person drives your car and proceeds to get a speeding fine where you can dispute you were not the driver at the time and was not your responsibility for said infringement?

        • ChocStrawberries on 01/09/2021 - 10:03
          +2

          No. It's up to the permit holder to ensure it's being used correctly. Permits are really only meant to be placed on the dash when you park, not left there all the time - it's too easy to forget it's there and then other people use the car with the permit still there, and get fined. I don't know what the rules are in each state, but I know in the ACT they take it pretty seriously. They may not cancel the permit in every single case, but they make it pretty clear that they can if they want to!

          • Munki on 01/09/2021 - 12:46
            +1

            @ChocStrawberries: That makes sense I suppose - having to take the permit with you when not in use.

          • justwii on 01/09/2021 - 12:52

            @ChocStrawberries: I've never seen a permit that is not stuck to the windscreen

            • cbastien on 01/09/2021 - 13:21

              @justwii: Are you looking into the glovebox of every single car you see ?

            • ChocStrawberries on 01/09/2021 - 13:32

              @justwii: You're meant to keep it in the glovebox, or in your bag, until you park. Then you put it on your dash or stick it to the windscreen.

    • jerjergege on 01/09/2021 - 13:05

      What if she drove to pick up her disabled friend?
      Why would the cops fine someone who has a permit just because the disabeld person is not with them?

      • ChocStrawberries on 01/09/2021 - 13:50
        +1

        They wouldn't, if it was proven that the driver was telling the truth. They have ways of checking who the permit belongs to, and can contact the permit holder to confirm the driver's story.

        If you're using a permit correctly, you have nothing to worry about, right?

      • BobLim on 03/09/2021 - 11:34

        An admission of guilt as described by the OP is more than sufficient - no further investigation required.

  • blehgg on 31/08/2021 - 19:52
    +1

    just trying to figure out if there's a way to soften the blow.

    that's why you're on ozBargain

    • htc on 31/08/2021 - 20:52
      +1

      There are lots of people here with experience and knowledge, it will be hard not to tap on this resource. I know, op will get roasted by people here but if op can get a few pieces of useful advice, it will be worthwhile.

      • blehgg on 31/08/2021 - 21:07
        +2

        ok ~ guess the joke of "being on ozBargain" to "soften the financial blow" was too deep of a joke :)

        like if the fine was $300 then find $150 of saving on ozBargain :) its technically 50% off

    • htc on 31/08/2021 - 20:54

      Op may have another account, but using the old account may lead others to dig more info about him and can fuel more speculations.

  • justwii on 31/08/2021 - 20:15
    +2

    just trying to figure out if there's a way to soften the blow

    Pay half half of the fine with your fiancé?

    • htc on 31/08/2021 - 20:55

      Pay all the fine to win her ultimate affection to show your unconditional love.

  • mdavant on 31/08/2021 - 20:31

    get her to pay the fine

    otherwise one day you will find her "parking" and she will know you are a soft touch

  • Dontdoit on 31/08/2021 - 21:14
    -6

    I have a permit. I love it. Free parking in all the paid spots and double the time. Park in a 2 hour paid spot in town get 4 hours and move the car at lunch.

    You can tell im from Adelaide cause I used the word town instead of city.

    Nothing to do in your situation though.

    Once about 10 years ago I parked at 2am at the local Coles. Cops were waiting for me to get back into my car. Only way to learn is from mistakes.

  • Ciderfizz44 on 31/08/2021 - 21:16

    Quality shit post

  • macfudd on 31/08/2021 - 21:18

    Long story short, my fiancé borrowed her colleagues car

    Like properly borrowed? Or 'I was going to give it back!' borrowed? Because that would explain the cops.

  • Morphio25 on 31/08/2021 - 21:25
    +1

    Stiff sh*t - she did the wrong thing and knew she was doing so. Pay the fine.

  • letmecry on 31/08/2021 - 21:29
    +1

    Probably her brain is. What's on earth make she thinks she can do that.

  • DiscoJango on 31/08/2021 - 21:35

    I wonder if op's wife borrowed their colleagues ferrari with a top speed of 330kph would they do 330kph in a 100 zone, just because.

    • RDY4ME on 03/09/2021 - 12:17

      Well this doesn't really fit as its not legal for anyone to do the 330kph.

      • DiscoJango on 03/09/2021 - 20:30

        Just like its not legal for an able bodied person to park in a disabled car spot ;)

        • RDY4ME on 04/09/2021 - 19:08

          In your Ferrari scenario you are implying that it is legal for the owner of the car to do 330kmh. In the case of disability stickers, the owner of the sticker can legally use the benefits of that sticker.

  • Lexan on 31/08/2021 - 21:45

    Your fiance should have acted disabled when getting off the car. Bad place bad timing

  • jv on 31/08/2021 - 21:48
    +1

    Time for a new fiancé…

  • Herbse on 31/08/2021 - 22:30
    +1

    Congrats on getting to the front page. Mission accomplished

  • gromit on 31/08/2021 - 22:44
    +3

    This is one of those cases I hope no leniency is found. One of the few examples on here where there is no doubt the full fine is well deserved. Interestingly my younger brother has had a disabled permit for 3years now (leg foot and knee damage after a head-on with drunk driver), for short distances you would never know as he is super fit and 40 and usually has no visible effect on his movement. Yet not once has a cop ever asked him about the permit.

  • Eeples on 31/08/2021 - 23:55
    -1

    I suppose you could ask the disabled person to write a stat dec that the car was returned to a disabled parking spot so the disabled person could get it back easily.

    • terrys on 01/09/2021 - 11:30
      -1

      I think that is called adding insult to injury. I agree it's a good idea, but only because the friend will get a good idea of who not to trust.

  • chriise on 01/09/2021 - 01:25

    This is the most troll in a troll post I've seen on this site

Login or Join to leave a comment
Login Join