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

  • Tehcookiemonsta on 01/09/2021 - 01:28
    +2

    Nope, got what she deserved.

    Is this the real story?, seems off for police to just come up and question your permit.

    I'd be very pissed if someone who actually has no disability took up a reserved spot, & if it happened often just a complete dick move.

  • Blitz001 on 01/09/2021 - 05:07

    She really should’ve pulled a Larry David and started limping.

    • terrys on 01/09/2021 - 11:31

      I'm sure an imaginative officer would have an arsenal of whoop-ass for that stunt.

  • Bob Svargis on 01/09/2021 - 07:58
    +1

    Pay the God damned fine. Doing it is bad enough, but trying to weasel out of it? Yeah, nah mate. Take responsibility for your actions, admit it was wrong and pay the penalty.

  • turbochris on 01/09/2021 - 08:00

    Being Lazy is not a disability.

    Suck it up.

  • tamckinnon on 01/09/2021 - 09:19
    +1

    I suspect it's not a parking fine but it's a police infringement notice. Pay the notice and be glad you're not in NSW as they deduct points too.

    Disabled parking spaces are there for a very important reason, and if everyone acted in the same way as you there would be no accessible parks available for vulnerable members of our community.

  • tik tok on 01/09/2021 - 09:22
    +1

    I can only imagine the kinda kids the both of you will bless the humanity with

    • tonyjzx on 01/09/2021 - 10:47

      yes, please dont procreate

      in this case definetly pro choice

  • DarkOz on 01/09/2021 - 09:28

    What would OP do if he borrows his mate's car that has a who*e pass in it? Would he use it?

  • OzHunterNSW on 01/09/2021 - 09:49

    What don't you understand?
    Your partner has NO disability, HE does not possess a Disability Permit.
    HE parked, no matter what, in a disability parking space.
    What don't you understand?

  • altitudinous on 01/09/2021 - 10:45
    +1

    Well, your partner is the exact person they are targeting with these fines, so I suspect the fine is justified. They are trying to disincentivize casual car parking in disabled spots, and indeed they want you to post in public places like this saying you got a hefty fine so folk know about it. So the fine has served its exact purpose.

  • pandadude on 01/09/2021 - 10:56
    +3

    She deserve the fine.

    She need to understand she just disabled a disable person.

    Clearly she doesn't understand how frustrating it is for a disable person and their carers to be unable to park in a disable bay because she parked their illegally?

    There has been many times were we have been unable to take my mother to places because of the lack of available disable parking bays. This includes but not limited to shopping center and hospitals.

    By rights the police should have confiscated the permit. Then she can explain to the permit owner why they can't use their permit because of her selfish actions.

    • trev likes bargains on 02/09/2021 - 15:50
      +2

      she just disabled a disable person

      Mind blown. Has the person been enabled now?

    • coffeeinmyveins on 03/09/2021 - 09:39
      +1

      By rights the police should have confiscated the permit. Then she can explain to the permit owner why they can't use their permit because of her selfish actions.

      eh that's a bit steep mate. Punishing the disabled person for the actions of another?

      Unless that person was like "yeah sure go for it, use my permit" then I have to disagree. Whoever it is has the pass because they already have enough trouble, they don't need this.

      • pandadude on 03/09/2021 - 17:01

        That is the whole point.

        ACROD will ask why was the permit confiscated. If the person granted them permission to use the permit then ACROD will not issue a replacement one.

        If the permit was used without permission then a police report would need to be filed and the police can deal with the abuse of the disable.

        I have to point out this is a very common problem to the point ACROD has to start the "This Bay Is Someone's Day" campaign.

        https://acrod.org.au/thisbayissomeonesday/

        Let give an example.

        "Meet Andrew. As a musician, much of his day is spent out on the road travelling to gigs. It also means carting a lot of music and adaptive equipment from place-to-place. Having an ACROD bay can be the difference between his ability to work or not."

        "Meet Sam. Aside from the usual busy-ness of being a working mum, she has a few extra barriers to tackle to get where she needs to be. ACROD bays help her be the Mum her “kids need and deserve”."

        This is what I mean by disabling the disable. But those who misuse the disable permit and bays prevent Andrew from going to work and prevent Sam from been a mother to her kids.

  • this is us on 01/09/2021 - 11:42
    +1

    I can't see any acceptable rationale/argument.

    Pay and learn…

  • eggplant on 01/09/2021 - 11:55

    There's clearly a mental/cognitive deficiency with the driver. So at a stretch, maybe claim a mental disability. /s

    In all seriousness, cop it on the chin. Take it as a lesson, don't do it again and move on.

  • jerjergege on 01/09/2021 - 13:03

    But why would the police officer fined?
    What if your partner was picking someone up in a wheelchair?
    How would they know if someone was disabled or not?

    • pegaxs on 01/09/2021 - 13:13

      But why would the police officer fined?

      Because a road rule was broken. (I think that's what you mean??)

      What if your partner was picking someone up in a wheelchair?

      What if *insert totally random action*. Pointless. They weren't.

      How would they know if someone was disabled or not?

      As a police officer, you could ask to see their permit and make sure the details match the driver/passenger. It is not up to anyone other than the permit holder's Dr. and that states regulatory body that issues the permit to determine if that person is disabled or not. It's the police officers job to make sure that the permit holder is who they say they are and that they are working within the framework of their permit.

      • jerjergege on 02/09/2021 - 14:40

        So as a police officer, how many disabled people have you gone up to to prove they are disabled?

        OPs story is just farfetched, obviously someone complained about her consistancy of using the disabled spot when she isn't disabled etc.

        • BobLim on 03/09/2021 - 11:42
          +1

          Or the cop saw her park in the disabled space alone, spend 2 mins inside, come out alone and drive off. They pull her over for a breath test / licence check and ask if the permit's hers - she says no and gets fined.

  • Magpye on 01/09/2021 - 13:43
    +28

    Fines of this nature can be quite steep, and it's understandable that you'll want to mitigate it somehow
    If you're looking to soften the blow of the fine, this method always works without fail.

    Contest the fine

    • Formally contest the fine, electing for a court hearing (this is a key step). DO NOT go for the review option, as this will be done locally, and we know how that will turn out.
    • Gather your evidence, being sure to clearly state the reasons why you needed to use the vehicle and state laws on vehicles parking in disability parks whilst correctly displaying the disability tag
    • When your court hearing is due, be sure to turn up at least 1 hour prior to the recommended time. There is some processing to be done, and people always leave it to the last minute. Set a good impression.
    • Speaking of good impressions, make sure you are groomed, dressed in clean, and preferably professional, clothes. Also, go easy on the perfumes, the aim isn't to knock the judge out.
    • When speaking to the judge, speak clearly, concisely and confidently.
    • Using the honorific "Your Honour", is not necessary for the members of the public, and is used mainly by the legal professionals. However, you can't go wrong by using it.
    • Smile when you speak. Do not cross your arms, touch your face or play with your hair. The last one is important for women, because if the judge thinks you are trying to flirt with him, it is unlikely to go well. More so, if the judge is a woman.
    • As part of your evidence, have an impact statement ready, detailing how this will affect you, implications, lifestyle impact and social standing. Note: You do not actually have to prove any of these points.
    • Wait to be asked before offering evidence to support your case, as there is a set format to these proceedings. People often misunderstand the judical process and jump in thinking it is an argument to win, not a review of the legal facts.

    Summary

    When the judge upholds the initial fine, and then levies additional punishment (community service, prosecutions costs, etc) to your case, at that moment, you will truely appreciate how much easier just paying the original fine was.
    In science, this is comparable to the Mohs Hardness Test, which compares the relative gravity of the original subject with a much harder density. But, I digress.

    This process never fails, and you can repeat as many times as you need to, because it is obvious you are not cursed with enough self awareness to realise you're an absolute arsehole.
    You may think this is a harsh judgement, which is why I've suggested going the formal route, and letting professionals tell you that you're an arsehole.

    Not once have you shown any remorse for the impact to others and believe you deserve some special exemption; the irony of which appears to have been completely lost on you
    Even the dimmest judge will soon detect there is much more to this situation, given so many unique aspects of the case.

    Also, you might want to pick up some new glasses, as you seem to have misread OzBargain as OzBastards

    • ChrisLevo on 01/09/2021 - 17:23

      You are heading my "Post of the Year" list - I love it!

    • Eeples on 01/09/2021 - 17:51
      -1

      Op, see my negged comment above for evidence in the 2nd dot point. Or better yet bring the disabled person to court so she can testify that your fiance was just returning her the car and parked it in a disabled spot for the disabled persons convenience. (Her conversation with the police officer may not be on her side which is why one should never speak much to police officers).

    • nicolascage on 02/09/2021 - 09:33

      One of the few posts here that is actually answering the question

    • CocaKoala on 02/09/2021 - 10:18

      Take my upvote!

  • cyrax83 on 01/09/2021 - 13:46

    Pay the fine, move on. You tried to cheat the system and got caught.
    Your partner knew exactly what she was doing when she parked in a disabled spot in a disabled car when she wasn't disabled.
    0 chance for leniency here

  • screensaver on 01/09/2021 - 14:04
    -1

    As for handling Court, you plead guilty and ask for a dismissal under section 10, giving explanation

    • Typical16-bitEnjoyer on 02/09/2021 - 09:21
      +1

      I'm not even in NSW, but you must have missed the memo about the prior changes to s 10 and CROs under s 9.

    • Drakesy on 02/09/2021 - 09:23
      +1

      Plz
      No pam

      • SF3 on 02/09/2021 - 09:42

        Well, there are people wanting to escape guilty verdicts by using the ahem insanity defense.

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

    Individual ADPP's are only valid when the person it is issued to is in the vehicle. End of story.

  • ProlapsedHeinous on 01/09/2021 - 14:38
    +1

    This post/forum is nothing if not a great way to live vicariously through other people's stupid decisions, and the hilarious aftermath. Thanks for the laughs OP

  • OzzyOzbourne on 01/09/2021 - 15:24

    No

  • dufflover on 01/09/2021 - 15:53
    +1

    So despite the ridiculous open-and-shut nature of it all which you (supposedly) agree with you still want to make 'any rationale/argument that you can think of that may help her chances'.

    Does this post only exist because of … wha-chee

    • screensaver on 01/09/2021 - 16:30
      -5

      Everyone is entitled to defence, in this case she had a medical condition requiring attention, now in addition she has trauma by coming here. Trolls and nasty people traumatise others, and do so happily. All future posters note this, you are likely to be targeted and bullied. It has even led to deaths in the extremely sensitive. Do they care? A big, fat NO. There is no escape from it.

      • ChocStrawberries on 01/09/2021 - 17:56
        +3

        Please. The driver did the wrong thing, and has been called out on here for it. I actually don't think any of the comments have been particularly bullying. Maybe a little frustrated due to the lack of remorse shown by the OP (and presumably the driver, since she's trying to get out of it, rather than own up to her mistake). It's not as though the driver was having a medical emergency and had to pull into the first available spot. She drove home because she needed to take medication (the OP didn't say it was an emergency!) and because she had the permit on the car, took advantage of that to park in a disabled spot because it was more convenient for her, broke the law, and got caught. Let's not keep propping up people like this. It's not a victimless crime - people like me suffer from these entitled a-holes every single day.

        • screensaver on 01/09/2021 - 18:18
          -2

          Yes but my point is that anything and everything can be and is twisted to try and make people look bad and that bullies are effectively running the internet wherever they get the opportunity.

          • ChocStrawberries on 01/09/2021 - 20:20
            +6

            @screensaver: Pam, you were defending the perpetrator, who clearly doesn't deserve to be defended. It sounds like you're the one feeling bullied, and I'm sorry for that, but you need to step back and see this story for what it is. A woman who broke the law in a dispicable way, and is now asking for advice on how to get out of it. Don't defend her, don't pity her, she's done the wrong thing and has gotten what she deserves by being fined.

          • ozoner on 03/09/2021 - 13:59
            +2

            @screensaver: You're sounding suspiciously like OP's fiancee…

      • Drakesy on 02/09/2021 - 11:22
        +1
        1. The person who committed the defence didn't have a medical condition.
        2. What trauma are you alluding to, everyone's giving their opinion. It is a public forum at the end of the day.
  • Juddwah on 01/09/2021 - 17:16

    Suck s$&t.

  • Pluto88 on 01/09/2021 - 18:00

    Any popcorn deals coming up? I'm all out

  • Magnastar on 01/09/2021 - 18:46
    +3

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

    I regularly borrow a car with a disabled parking permit and I always forget that I could be a dick and park in a disabled park if I wanted because it’s just habitual to park in a normal spot. Your fiancé put plenty of thought into it and it’s great she got fined, and you trying to find a way to squirm out of it makes you just as much of a flog.

  • bobolo on 01/09/2021 - 19:10
    -4

    We all take advantage of a situation from time to time out of convenience. When we do so, we also accept the risk of getting caught and the subsequent punishment after (in this case a fine)

    Unfortunately this happened to your friend so just pay it and move on.

    So many times I have parked in a no stop zone to pick up some takeaway etc….whenever I do almost always expect to get caught. Lets say I do it 50 times and I get caught once, I think the fine is a small price to pay for benefiting from the convenience of the other 49 times

    • BobLim on 03/09/2021 - 11:48

      Do you expect to have the car towed by the police for causing a road safety hazard? Hope it happens soon.

      • bobolo on 03/09/2021 - 13:06
        +1

        Nope. Will never happen. Only if I leave the car there for an extended period of time it might. And I'm not parking in front of driveways or obstructing fire hydrants

        Come to think of it, haven't been fined yet either! I'll happily cop one though…I think I owe something back by now. Hope it happens soon :)

        • BobLim on 03/09/2021 - 13:10

          The weird thing is that you are allowed to park across a driveway briefly for loading/unloading in the absence of any signage.

          Parking in no-stopping zones often obstructs sight lines for driveways and side streets - I hope you realise you may be unnecessarily increasing the risk of a t-bone collision? I would be looking for a negligence angle in the event of a serious collision or injury case…

  • gimli on 01/09/2021 - 19:40

    Must be a troll
    If not expecting sympathy for a clearly bad decision is a terrible move.

    Just to put things into perspective a disabled sticker also allows for free parking at paid(meter spots), which OP could have got away with no problem. But they decided to be greedy and use up a disability spot.

  • ensanguined on 01/09/2021 - 19:52
    -8

    Seriously, the Police focus on the wrong s***. Murders go unsolved, gangsters run riot, they refuse to investigate financial crimes and scams and COVID rules are constantly breached, and here they are waiting at disabled parking spots to catch these heinous, dastardly villains. Worse than council rangers I swear.

    • sp3ctr41 on 01/09/2021 - 20:26
      +1

      So… if the police see someone running a red light, they should do nothing about it because of some unsolved murder from 20 years ago?

      • ensanguined on 03/09/2021 - 12:14

        Haha what? Are you really comparing running a red light and the potential for injury and death to someone taking a disabled car spot? Errr…ok then!

    • ChocStrawberries on 01/09/2021 - 20:30
      +1

      It's hilarious that people can justify sh!tty behviour by comparing it to even worse behaviour. I'm pretty sure the cop that fined this driver wasn't pulled away from their crucial murder-solving job to bust an illegally parked twat….

      Also, I very much suspect the driver was reported, prompting a cop to show up. The cops weren't waiting around a corner ready to pounce. But honestly, if they actually were out to catch illegally parked, entitled a-holes, I'm 100% in favour.

      • ensanguined on 03/09/2021 - 12:16

        So, if it even happened that way, it's cool that someone reported a parking infringement to the Police and they showed up to issue a fine? For real? Even after all the stories you hear on OzBargain about Police not helping with scams and threats and the like? That doesn't bother you in the slightest? Honestly, it bothers me heaps.

    • BobLim on 03/09/2021 - 11:50
      -1

      What if the revenue from 'trivial' infringements far exceeds their costs of enforcement - thereby providing far more resources for the activities you suggest?

      • ensanguined on 03/09/2021 - 12:12

        The true definition of revenue raising then. Do you think the money the Police take in is all reinvested back into them or something lol? And you know what, if it was, it would make this type of behaviour even more frightening, rewarding them for focussing on fine-issuing rather than crime solving and prevention.

        • BobLim on 03/09/2021 - 12:29

          I'm more than happy for people breaking any legitimate rules to be disproportionately funding public services for the rest of us! Charge an administration fee for applying the demerit point to the licence record in addition to the monetary penalty too - that way the cost of the licence administration is reduced for the many people whose only transactions are credit checks and renewal payments.

          Believe it or not, I don't personally break any, so I couldn't care less which rules are overenforced. If the offending is still continuing, maybe the penalties still aren't harsh enough. I'm pretty sure the detectives and forensic accountants aren't camping on the side of the road in a patrol car with radar guns.

          I don't see a real reason not to just blatantly advertise it - "over this long weekend, police will be targeting offences with the highest penalties, such as unroadworthy vehicles due to broken lighting, overloaded and overdimensional vehicles, or proceeding through a level crossing before the lights stop flashing". The unit could be self-funded through its own revenue (probably with a cap - excess returned to general revenue), and deployed to a different region each week.

          For my own selfish interests, just once a year I'd love to see "Operation X will run over the next Y days, targeting fog light use, peak-time transit lane offences and failing to keep left". VicPol used "popularity of the operation" as justification for the success of the Southbank cycling speed limit campaign - why not just do what's popular? Perhaps we can each vote on our top 5 offences?

  • neverlate on 02/09/2021 - 00:35

    oh wells,edited

  • HeWhoKnows on 02/09/2021 - 08:17
    -1

    best you delete this unwarranted post

  • Duckie2hh on 02/09/2021 - 10:10

    Wow we are still talking about this post 3 days later…. what a waste of electricity.

  • CocaKoala on 02/09/2021 - 10:21
    +1

    The police don't go around issuing fines for people parking in a disabled spot while there is a sticker on the dash. So there's something that you are hiding or you are too naive to see that your girlfriend is hiding something from you. This has been said numerous times on this thread, which you have not addressed at all.

    I think you should contest the fine and go to the court, and pay many times.

  • nakooma on 02/09/2021 - 13:02
    -1

    Victorian? Elect to have it heard at court. On the day request to have the matter proven and dismissed under section 76 of the sentencing act.

  • Hangryuman on 02/09/2021 - 13:09

    pony up girlfriend …

  • Kranbone on 02/09/2021 - 14:30

    Your partner needs to accept full responsibility and the consequences associated with this rather than trying to find a way to lessen the blow.

    It's important to learn a lesson here.

  • ethan16 on 02/09/2021 - 14:42

    Deliberate action on her part, guilty pay up move on

  • trev likes bargains on 02/09/2021 - 15:51

    The audacity. Pay the fine and close the thread.

    And congratulate your partner on their behaviour

  • AnophthalmiaCervidae on 02/09/2021 - 15:59
    +2

    Contest it, an obvious MENTAL disability so should have no problem getting off.

    • AnophthalmiaCervidae on 02/09/2021 - 17:07

      Too late now but after receiving the ticket should have got the car owner/disabled permit holder to Uber to where the car was parked.

      That then would have legitimised the parking action on the basis that she was "picking up a disabled person".

  • Boostland on 02/09/2021 - 16:00
    +1

    I have a permit due to left side weakness from an ABI.
    I try not to park in disabled spots as I can walk a fair way but sometimes I have to as I struggle to get out of the car door in narrow shopping centre parks.
    My wife can park using my permit as long as she is transporting me.

    I was reversing into a disabled park at the national park at Nelson Bay when the ranger stopped on the other side of the road and started wallking towards me.
    I got out of the car and he apologised as soon as he saw I had a steering wheel spinner and disabled permit.
    He explained that lots of people take those spots without a permit or reason like me.

  • pogichinoy on 02/09/2021 - 17:01
    +1

    Please contest in court, so that you lose and have to pay more in fines.

  • GrimCheaper on 02/09/2021 - 17:26

    She got caught. Deal with it and suck it up. Why would you even embarrass yourself writing this post? Seems like neither of you have any shame.

  • imrichkid on 02/09/2021 - 17:27

    Yes, she should able to get out of it, cos she's mentally ill right?

  • The Value on 02/09/2021 - 17:46
    +1

    https://www.youtube.com/watch?v=dDZzl9AyXeg

    She should of pulled one of these.

  • brawndo on 03/09/2021 - 06:50
    +3

    There's only one solution… Break her legs

  • A Driver on 03/09/2021 - 09:05

    It’s crystal clear that she made the conscious decision to park in the disabled spot. Nobody forced her, and just because the car she was driving has the sticker it doesn’t mean the car can’t park in normal spots. The disabled sticker is for the person, NOT the car.

    She needs to pay the fine and try not to be such an entitled Karen about it!

  • coffeeinmyveins on 03/09/2021 - 09:38

    Without putting too much thought in to it

    yeah…..she did. She thought "cool, I can take advantage of the fact that I have a permit and park here".

    She deserved the fine.

  • Uberd on 03/09/2021 - 09:54

    I drop her like a hat full of arseholes. Peg her. Run. Bail. Do a runner. Go to Thailand. Philippines. Anywhere but dump the mindless oxygen thief.

  • J6 on 03/09/2021 - 13:06
    +1

    Story is fishy as it gets.

    Local police officer just happens to notice this?

    Or she has been illegally using a sticker for sometime and someone has reported her?

  • voiletmay on 03/09/2021 - 13:25

    Um… I have a disabled permit on my car all the time (as it is in my elderly mothers name) and only use it when she is with me. It clearly says on the permit that it is only to be used by the person named on the permit.

    She deserved the fine. I can't believe you would even question it.

  • berger on 03/09/2021 - 21:50

    Sister in law did this, karma kicked in and her car wouldn’t start in the disabled spot… had to get a jump start.. fair to say it wasn’t me helping

  • Geekless Belle on 13/09/2021 - 19:04
    +1

    Long story short,

    But you've left out all the juicy details. Did she use a fraudulent disability permit? You're among friends here, you can tell us the truth…

    I once saw a post on a mums' Facebook group with step-by-step instructions on how to make a good fake disability permit. The number of mums who said they'll give it a crack was horrifying.

    Edit : Looks like at least 1 person did and got caught.

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