Is It Worth Contesting This Parking Fine (Pics Included)

LDeTroutSpinners on 26/09/2021 - 23:00
Last edited 27/09/2021 - 01:21

Hi everyone.

I received a parking fine of $103.00 for unknowingly parking in a no stopping area and would like to know if any fellow OZBargainers think it is worth contesting?

https://imgur.com/a/w8BAc0J

It was next to a development area where two other cars (in the photo) were also fined. I did not see the no stopping sign and feel it is poorly displayed

I just happened to park there on a day the council made a visit because people continue to park there everyday.

(EDIT/UPDATE) - Thanks for your input.

My offence on the ticket is Section 167: A driver must not stop on a length of road or in an area to which a no stopping sign applies.

I noticed in the Transport Operations (Road Use Management—Road Rules) Regulation 2009 there appears to be two different types of signs for no stopping. One is for no stopping for a length of road (which they used here) and the other is no stopping for an area.

I know this is just an excuse now, but am I wrong in thinking they have used the wrong sign because aren't I technically off the road instead of along it. Or are the signs interchangeable.

Automotive

Comments

  • Hybroid on 26/09/2021 - 23:02
    +23

    Nope. Pay fine and move on with life.

  • SF3 on 26/09/2021 - 23:02
    +5

    I did not see the no stopping

    There is your own answer.

    Pay your fine.

    people continue to park there everyday.

    Yeah, nah. Poor reason.

  • dust on 26/09/2021 - 23:05

    Ignorance is not a valid excuse. Just pay the fine.

  • fantombloo on 26/09/2021 - 23:09
    +12

    Solid yellow line is clearly visible regardless of sign.

  • Increase1 on 26/09/2021 - 23:43
    -1

    See the following excerpts from Transport Operations (Road Use Management—Road Rules) Regulation 2009:

    Section 167: A driver must not stop on a length of road or in an area to which a no stopping sign applies.

Section 169: A driver must not stop at the side of a road marked with a continuous yellow edge line.

    Also, see the following excerpt regarding yellow line markings, from Australian Standard 1742.11 - Parking Controls:

    Section 7.2 a): Unbroken yellow no stopping line [...] It may be used either to supplement these signs or in lieu of them.

    If you had the free time and could be bothered, you could contest the fine on the basis that the standard indicates that yellow line markings should either supplement signs or be used in lieu - noting that in this case they have actually indicated no stopping with two different methods for two different patches of road. However, I believe they will very easily counter that - as they appear to have a valid engineering reason for this, yellow line marking near a dirt patch could get covered over time.

  • ruddiger on 26/09/2021 - 23:55
    +4

    Based on the value of the fine it wasn't a fine for the no stopping sign or zone. That would have been $275.

    More likely you were fined for parking on nature strip, footpath, path or dividing strip or potentially even parking in a works zone. Either way the likelihood of success by contesting is low.

    Brisbane council information below but the rates are likely the same (sunshine coast council don't seem easy to find).

    https://www.brisbane.qld.gov.au/traffic-and-transport/parkin…

  • askme69 on 26/09/2021 - 23:58
    +3

    PS: those 2 vehicles i dare say are still on council land. And they can get fined but for the offence of " park on path/strip in built up area", not for "No Stopping" as that only applies to the to the roadway.

  • El cheepo on 27/09/2021 - 00:34
    +2

    “ would like to know if any fellow OZBargainers think it is worth contesting?”

    We do not.

  • mickyb80 on 27/09/2021 - 01:05
    +2

    The question should *note be "any fellow OZBargainers think it is worth contesting?"

    Rather as yourself "if you think the time you will spend consisting, and the reason you have, is worth it"?

    • DeTroutSpinners on 27/09/2021 - 01:31

      I'm to stingy with money and don't have much else going on at the moment. That is why I'm pondering over it.

      • mickyb80 on 27/09/2021 - 01:40
        +1

        Then, you have answered the second statement in my post and therefore your own question.
        👍
        Go get writing, send that letter, and see how you go. Waste some time! 😉

  • pegaxs on 27/09/2021 - 04:41
    +1

    Wow, that is some shit road markings. The yellow line says no stopping, but the sign says no stopping after the yellow line. That council needs to get their shit in order.

    And to me, that looks like a designated parking area where the other vehicles have parked. It would depend on how far off the road it is, but I would say it looks more like a “road related area” than the actual road. I don’t even know if would be considered the shoulder of the road it is that far back.

    The best info I can find is Road Rule 197: 1(a) where it deals with parking on nature strips and associated signs. But you would have to prove that is is not a nature strip and that the sign does not apply there.

    The way the fence is cut in like that makes it look like a parking area and may well be on private land for employees or contractors on that particular site.

    This would be one of those vague as shit areas that councils use as honey pot traps.

    • pegaxs on 27/09/2021 - 09:06
      +3

      Oh sorry, what I meant to say was “iT’s JuSt rEvEnUe rAiSiNg”… or was it “jUsT pAy tHe FiNe!!”?? I can’t remember where we were up to, outrage wise.

      • gimli on 27/09/2021 - 19:34

        you better get your ozbargain calendar in order

  • sparkles on 27/09/2021 - 05:38
    +1

    The crazy thing is it's had gravel added. It actually looks intended for parking. It's a trap! I'd fight it out of principle, I think you'd have a legitimate case that this is nature strip and not roadside. The fact that council are fining multiple cars in the one spot without fixing the problem just shows what grubs they are.

    • pharkurnell on 27/09/2021 - 09:48
      +2

      The defense "its a trap" only works in Star Wars

  • Euphemistic on 27/09/2021 - 05:52
    +1

    You can’t park on the nature strip. The vehicle has to be parked on the road legally or wholly within the property boundary.

  • TimOfEastBNE on 27/09/2021 - 06:30

    It's clearly not an official parking spot, so parking there was always a risk. How much have you saved by parking here compared to paid parking nearby, and how many times have you parked there before getting a fine? Chances are the council fines cars every day, and so you're seeing new cars try it out every day and getting fines. Because of the penalty amount, it's a lesson learned, pay, move on, and don't park in unofficial parking spots again

  • djones145 on 27/09/2021 - 07:48
    +2

    103 is a cheap lesson learnt!
    i thought the fines would be higher, specially no stopping area

  • Lesco Brandon on 27/09/2021 - 08:55

    Well, it's definitely cheaper than BCC fines!

    Edit: I did try appeal before, claiming that the area was too dark in the evening to even notice the sign, which it was. Didn't work out obviously

  • Flying Ace on 27/09/2021 - 10:28

    How far does "the road" extend to? Where the other vehicles are looks a good 3 - 4 metres away from the road. Bloody Sunshine Coast Council!

  • Jagernaut on 27/09/2021 - 10:43

    If there is doubt there, I'd suggest doing the first level response - usually an electronic form or email. With all the evidence and uncertainty you've described. I've been let off in similar circumstances previously.

  • jellykingdom on 27/09/2021 - 11:20

    It's pointless. They never rule in your favour. It's the easiest way for them to guarantee that people don't try

  • justgooddeals on 27/09/2021 - 11:30
    +1

    Write or email to the appeals method available to you shown on the fine in your state first. With evidence you have provided here.

    If this failed you can go to court. In this case I think you would have a slight chance of getting the fine waived if you showed the same photos to the magistrate as you posted to imgur.

    However that depends on the magistrate. These sort of cases are never guaranteed “wins”. Plus you could be up for court costs - if you lose. So the fine plus a few hundred $$ extra in court costs.

    So measuring it all up. Save bet is just to pay the fine. The whole system sucks and councils and parking inspectors know this. Know most wont go to court and will just pay the fine.

    Cause if you lose up for more (court) costs that can double or triple total cost of original fine of $103.00

  • Baysew on 27/09/2021 - 11:43
    +2

    It doesn't look like to sort of place I would want to stop at.

  • screensaver on 27/09/2021 - 12:47

    I would say I thought the no stopping sign applied to the road, and the driveway is no longer in use, and is well clear of the road, The photos show that it was impeding no one and was a low blow by the council.

  • gimli on 27/09/2021 - 19:40

    I guess your real question is what excuse if any is most likely to help you get out of the fine.
    I suspect "i didn't see the sign" is not going to cut it as it is probably what everyone says.

    You could try say something about the signs being confusing.
    "You could say just say this what you interpreted the signs to be and found it bit confusing. Based on the fine you have learnt your understanding of the signs was wrong but hopefully they can understand the reason for your confusion and show some leniance?"

    Obviously you have to word it much better than my shitty attempt but its worth ago.

  • [Deactivated] on 28/09/2021 - 12:28

    Not sure if OP is trolling everyone , but clearly someone needs their eyesight checked. its as obvious as dogs balls.

    Should of gone to SpecSavers mate.

    Enjoy the fine.

  • hrbhatti on 01/04/2022 - 19:48

    So did you contest the ticket? I think you must have done it. Worst case, they would have rejected your claim.

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