Any One Challenged a Parking Ticket at The Magistrate Court?

Dan888 on 13/10/2022 - 16:31
Last edited 14/10/2022 - 10:03 by 1 other user

I stopped at the loading bay, and I was sitting in the car for less than one minute. The reason was to give way to the traffic behind me, while the person in the parking bay take his car out.

A council car has driven by and taken photos, photos are within 1 minute (first photo at 05:30, second photo 05:31 - so it might be few seconds). I parked car and took a ticket to display - which says I paid the ticket at 0535,, so literally I have not parked in the loading bay over 1 minute..

Anyway, is it worth to go to court? it says that there maybe additional costs - if I opt into going to court… like they saying don't go to court, we will charge you more… what if they have fined me incorrectly?

Automotive

Comments

  • Hybroid on 13/10/2022 - 16:36
    +4

    Only eligible vehicles can use Loading Zones when picking up or dropping off passengers or goods.

    Regular passenger vehicles can’t stop in a Loading Zone, even if loading or unloading.

    https://www.melbourne.vic.gov.au/parking-and-transport/parki…

    What's your proposed defense or justification in court?

    • altomic on 13/10/2022 - 21:12

      the vibe of the thing?

  • dust on 13/10/2022 - 16:40
    +1

    I don't get it. Giving way to traffic behind you?

    • Presence on 13/10/2022 - 16:42

      The reason was to give way to the traffic behind me, while the person in the parking bay take his car out.

      OP needs to give a clearer explanation. Was he actually parked or just waiting for a spot next to the loading bay spot?

      • freefall101 on 13/10/2022 - 16:47
        +5

        Doesn't matter, in Victoria the rule is no stopping in a loading zone unless you're a commercial vehicle.

      • Dan888 on 13/10/2022 - 16:47

        just waiting for a spot next to the loading bay spot

  • Porker on 13/10/2022 - 16:44

    They're saying that if you go to court, there may be additional charges (in the event you lose). You won't be charged more than what's stated on the infringement if you chose NOT to go to court.

    Normally Council's will have an internal review process prior to escalating to court.

    There's a lot of detail not included in your post which would be relevant for that review. As example, was your engine on and did you have an indicator on? Did anyone get in or out of the car? Where was the car you were 'waiting' for?

    It's not uncommon for people, for example, to temporarily store within a No Stopping area while waiting to perform another road action. As example, stopping in a No Stopping while waiting to turn into a driveway or in a queue of vehicles waiting to turn into the driveway is likely to not attract an infringement, unless (say) someone gets in or out of the vehicle.

    In your case, again only provided without knowledge of the details, you could have stopped in the Loading Zone because you thought it was an available spot and pulled in only to realise it was Loading Zone. In the time it took you to read the sign, you were infringed. wink wink

    If the officer has evidence of you buying the ticket however, then you've 'parked' the car.

    • Dan888 on 13/10/2022 - 16:49

      I was in the car, even my lights are on in the photo

      • Porker on 13/10/2022 - 16:51

        No doubt, but did the officer see you buy the ticket? <—- that means you've parked. They won't always provide you with all the photos they took.

        If not, then you should read my earlier response as a cause for Council to review the infringement.

        • Dan888 on 13/10/2022 - 16:52

          Thank you!!! I asked them to review, but they said they are not going to withdraw,, :(

          They have taken photos, while they driving pass me,, not an officer on the road,,, photos are just within a minute. - they haven't seen me buying the ticket or parking in the legal bay

          • Porker on 13/10/2022 - 16:54
            +1

            @Dan888: If you merely asked them to review, then of course they won't withdraw as they have evidence that you were in the Loading Zone. There's no denying that you were.

            You would have needed to argue/present information as to why you were there. That is, stopped to read the sign but realised you weren't permitted to park.

            Seems you've missed that opportunity though, and the next level of review will be Magistrate's Court. The Court costs will be much more than the infringement (guess $95?). Court may be several hundred.

            • Dan888 on 13/10/2022 - 16:55

              @Porker: Infringement is $180….

              $95 - is that for the magistrate court fee?

              • Porker on 13/10/2022 - 16:56
                +1

                @Dan888: No I guessed $95 being the infringement fee, but the $180 is correct. You were parked in a 'red' parking restriction which carries quite a few penalty units.

                Court may be several hundred

    • Dan888 on 13/10/2022 - 16:51
      +1

      I bought the ticket after parking the car at a legal bay,

  • freefall101 on 13/10/2022 - 16:45

    You have to pay the costs of the court and the council if you lose.

    It sounds like you don't have a legal reason to contest it though. The sign didn't say you could park for up to a minute so why is that relevant?

    • Dan888 on 13/10/2022 - 16:50

      It will take a minute even to read the sign these days - with all the instructions about timings

      • DashCam AKA Rolts on 13/10/2022 - 16:55
        +2

        A parking bay is fairly obvious. Don't need to read signs for that.

      • freefall101 on 13/10/2022 - 16:57
        +1

        I'm not a lawyer, but if that's your planned legal defence you're probably going to lose. They're bright red signs with the days and times on it, it's not rocket science.

  • poboy on 13/10/2022 - 17:39

    You're not allowed to stop. You stopped.

    Very unlucky with the fine, but it's black and white.

  • pegaxs on 13/10/2022 - 18:03
    +1

    Have you even asked for a review and stated your case to the council that you have stated here?

    Been to court a few times for parking tickets. Admit it and plead guilty with a reason, say you are sorry, give the reason you just gave here that you were waiting for the person to pull out and you were not technically "parked" as you didn't turn the vehicle off or get out of it. Magistrate might slap you with no fine, but make you pay court costs and a 3 month good behavior bond… unless you are a recidivist offender, then you will get the book thrown at you.

    If you plead not guilty, the magistrate will set it down for trial and you will lose. You will then have to pay the fine, any over due fees on that fine, court costs and waste more time out of your life.

    • Dan888 on 13/10/2022 - 18:34

      Thank you!! for your advise,,, do you think I have to pay the court fees?

      • bargain crazy on 14/10/2022 - 08:01
        +1

        It doesn't matter what we think..
        What everyone is trying to explain is, if you take it to court and lose, then you will end up paying the court fee plus the fine. If win then nothing. But no one here can confirm whether you will win or lose. It all depends what happens in the court.
        Re how much court fee involved, I have no idea on that.
        Above comment from pegaxs is really informative.

      • Masterpupil on 14/10/2022 - 09:36

        Probably. There is a cost associated with filing these charges with the Court. If you plead guilty you might be saddled with the Council's costs of preparing a brief and appearing. It somewhat depends on the disposition of the Magistrate and that is difficult to predict.
        You best case scenario is the charge is proven and dismissed without a fine, your worst is original fine, court costs and council's costs, plus you lost time doing it.

      • pegaxs on 14/10/2022 - 10:04

        do you think I have to pay the court fees?

        Yes. If you plead guilty, you will be assigned court costs. Magistrate court is a fixed fee and the prosecution cannot just lump you with $1000's of dollars in their fees.

        But, think of it like this, you lose a day of your life waiting around to be heard, get heard, get assigned court costs and maybe a reduced fine, but all this totaled up comes to more than what the original fine would have been to just pay it.

  • Dr Prepper on 14/10/2022 - 16:15

    Say this:

    "Your honour,

    I come before the court for the first time in my life.

    I was volunteering delivering meals on wheels to the elderly , when a sweet little old lady asked me to drive her to her doctor's appointment. When I came back to the car a brute of a parking inspector racially profiled me and wrote me a ticket.

    She needed help to get out the car and into the waiting room of the clinic. Honest."

    Judge :

    "I sentence you to hang by your neck. May God have mercy on your soul".

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