Contesting Parking in Disabled Spot Fine

Thenarrator on 02/12/2022 - 00:38
Last edited 02/12/2022 - 10:52 by 1 other user

Parked in a disabled spot and the fine was $600, about 50% more than what would be a speeding fine. I sent a review telling them I had severe food poisoning, stomach pain that I could not drive nor find time to safely park my vehicle and the least risky position was to park in disabled spot (rather than in a no stopping zone). I have doctor certificate and medication receipt with correct time stamps. My review was rejected.

I feel like I've done everything I could under my circumstances to choose to least risky decision and have all the evidence I need. There is nothing else I could've done post event.

Looking for advice from people who have gone through the court process. How much is it on average? What was the process like? What did you need to prepare? What is considered convincing evidence?

Automotive Parking Fine

closed Comments

    • coffeeinmyveins on 02/12/2022 - 08:08
      +16

      It's hard when the law is taken without consideration of the facts. I've had that before myself when I was fined for not having my p plate up (sitting on the back ledge instead)

      So the consideration of the facts would be that you hadn't affixed your P plates in the correct manner?

      Honestly I have no idea how you being there for a medical appointment has anything to do with the fact that you weren't driving with your P plates correctly displayed.

      You sound just like OP, trying to make up excuses as to why you did something against the law (I'll admit, yours is so benign that it's not even worth discussing compared to OP's) and see yourself as the centre of the world where your excuses are fine.

      • [Deactivated] on 04/12/2022 - 11:26

        He's the (profanity) doing 110 in the 80 zone because "GET OUT OF THE RIGHT HAND LANE ITS THE FAST LANE (profanity) YOU YOU ARENT THE POLICE"

    • WreckTangle on 02/12/2022 - 08:11
      +9

      Wish i had more than one neg I could give here.

      • cookie2 on 03/12/2022 - 08:16

        I feel the same very often. But you can use your words instead.

    • GrueHunter on 02/12/2022 - 09:17
      +9

      "I was too slack to do a quick check if my Ps were displayed"

      "Exceptional circumstances"

      ok bro

      • cookie2 on 03/12/2022 - 08:15
        -2

        Slack is your conclusion and the only conclusion? Good for you.

        • airtime on 03/12/2022 - 16:43

          If you were physically or mentally unable to check and correctly affix your P plates as the law requires, then you were not fit to drive. Similarly, if the general anaesthetic was still affecting you enough for it to be considered an excuse, you were also unfit for driving.

    • [Deactivated] on 04/12/2022 - 11:25

      You going for a follow up procedure / checkup isn't a special circumstance.

    • jhaley3180 on 02/12/2022 - 07:57
      +29

      Please let's not… Your premise of "… the inconvenience of a disabled person" is selfish, one dimensional and disgusting.

        • OZKap on 02/12/2022 - 11:27
          +5

          I'd argue that it is a lot easier to accidentally speed (on highway pacing nearby cars, or on an empty road) than it is to accidentally park in disabled parking.

          Hope your tummy hurties improve. Just pay the fine.

          • Thenarrator on 02/12/2022 - 11:30

            @OZKap: its a lot easier to accidently speed and therefore speeding fine is discounted relative to parking fine?
            Either speeding fine needs to go up, or disabled fine comes down. im good with either.

            • OZKap on 02/12/2022 - 11:31
              +6

              @Thenarrator: Take it to court and get hit with the full $2200. Please record it if you're allowed to and link here.

              • Thenarrator on 02/12/2022 - 11:32

                @OZKap: Youre going off topic now. We were talking about the relative fine values of the 2 offences.

                • OZKap on 02/12/2022 - 11:43

                  @Thenarrator: Ok and?

                • MrKnowItAll on 02/12/2022 - 16:03
                  +1

                  @Thenarrator: OK, I'll bite. The base of your argument here is that speeding is DaNgErOuS and 'the inconvenience of a disabled person' is morally acceptable.
                  I personally don't understand the logic here but you've brought it up so may as well add to it..

                  I'd argue that the point at which speeding becomes reckless or dangerous is around 20km/h over the posted limit. The fine for that in NSW is $494 and 4 points which isn't too far from the $600 fine you got.
                  You may not think that taking up that bay is a big deal, but mobility for those with a permit to park there is often painful and a struggle. I'd say for you to park there and 'not have time to find another park' then the location you attended would have been fairly busy and anyone legally entitled to park there would have needed to park much further away, likely making their day worse and causing them physical pain. The fact that you think this is ok has left me truly dumbfounded, surely people can't be this entitled??

                  I have no doubt you'll learn from this as you make mention of the no stopping zone in your post after you your friend was previously fined for parking in one

                  Also, fun fact.. did you know that there's a piece of legislation for people who do what you did?

                  • Miss B on 02/12/2022 - 18:48
                    +1

                    @MrKnowItAll: I would argue that the 3 demerits and $288 fine for > 10km over the limit is about on par with a $600 fine, demerits are far more of a deterrent, because they're finite. You can just go on a payment plan and pay fines off over years if you can't afford to pay it upfront.

                    I think we should lobby for the fine for parking in a disabled spot to be bumped up to ~$1000 to make it more in line with the >20km over the limit penalty.

    • coffeeinmyveins on 02/12/2022 - 08:09
      +13

      compared to the inconvenience of a disabled person.

      I take it you've never had to, or know anyone that does, live with a life altering physical disability that affects every aspect of your day to day life.

      Jog on.

    • smartazz104 on 02/12/2022 - 08:59
      +4

      Maybe you should have kept driving around really fast instead of parking…

      can we talk about how the value of this fine is significantly more than a speedin fine where it is actually dangerous and potentially kill people compared to the inconvenience of a disabled person.

      Of course you only care now because you broke the law; did you care last week? No.

    • Miss B on 02/12/2022 - 09:28
      +9

      What if the person with the correct permit had severe food poisoning? What if their every day ailment is worse than food poisoning? Any empathy then, or pretty much just limited to yourself? Why is your inconvenience more important than someone with a disability?

    • Crow K on 02/12/2022 - 09:30
      +7

      Say that stuff in court, I'd bet they'd love to hear your take on how much fines 'should' be (and whether they apply to you).

      • pegaxs on 02/12/2022 - 09:37
        +11

        And drop in a little of that "I pay your wages" as well, magistrates love that.

        • pharkurnell on 02/12/2022 - 11:15
          +7

          I'd take a day off and go watch that one occur… LMAO

    • pharkurnell on 02/12/2022 - 10:29
      +12

      GAGF..

      After I was in a hit and run in 99, I lost most use of my right leg (severed artery) and left arm (shattered dislocation)… and several mths in hospital and learning to walk again.

      Intercourse you and your attitude towards the disabled person. Hope they throw away the key on you.

      • MrKnowItAll on 02/12/2022 - 18:24
        +3

        +1 for "Intercourse you". By far the most creative way I've seen someone circumvent the word filter haha

        • gesco on 03/12/2022 - 15:24

          I first heard this in Monty Python's sketch about a penguin on the television.

        • Morphio25 on 04/12/2022 - 06:27

          Agreed. Upvoted that man's post for that very reason.

          GAGF to start the post was also pretty good!

    • donga100 on 02/12/2022 - 14:14
      +1

      How much do you think we should increase speeding fines to?

    • coffeeinmyveins on 02/12/2022 - 14:17
      +3

      can we talk about

      Didn't see that you were the OP when I replied to this initially. Wow, you're an absolute ass hat.

      Can we talk about how selfish you are to the point that you thought you'd get sympathy and advice posting here?

    • jinkerjinx on 04/12/2022 - 08:36

      well I'm not sure but I think speeding fines are set by the state gov. and parking fines set by local council.. and the council will adjust it as req'd.. and not in relation to fines set by other dept.

      I was a bit surprised to learn the largest parking fine in brisbane is for disabled parking.. more than clearway/bus stop infractions. but I guess this is because those infractions are really obvious.. and these days brisbane use automated systems to ticket people in these cases.. whereas disabled parking requires a human to go and search for a placard etc.. and perhaps this has led to fewer fines, and therefore more infractions.

      And someone made a good point that you aren't considering loss of points that go with a speeding fine.

    • [Deactivated] on 04/12/2022 - 11:26

      We can talk about how people think you're 50x the (profanity) for taking a disabled spot than for doing 10 over, yeah.

  • alxr0101 on 02/12/2022 - 07:44
    +5

    Even if your legal status is "disabled", unless a valid permit is displayed and condtions met…you would be fined.

    Pay it and move on.

    • OzBestDeal on 03/12/2022 - 07:18
      -2

      Unfortunately the reverse is also true.
      Seen too many sport luxury cars parking all day in cbd with disability permit on display.

      • VictoriousBboy on 03/12/2022 - 20:15
        -1

        What? Do you think people with disabilities should drive low end cars? Or are you suggesting that wealthy people can't be disabled/disabled people are always poor?

        • bgbrendan on 03/12/2022 - 21:20
          -1

          they should pay someone to carry them

        • Morphio25 on 04/12/2022 - 06:31

          There's a disabled guy at my local train station who regularly parks his Mustang in a disabled bay.

          A girl I used to go to school with I'm fairly sure also owns a Mustang (or did at one point in time).

          I say good on them if they can afford to drive a nice car like that.

          • OzBestDeal on 04/12/2022 - 06:40
            -1

            @Morphio25: I would also say good on them.
            But unfortunately in cbd lots of people abuse disability permit for free all-day parkings, especially around universities.

            Seen too many of those young, healthy looking dudes in fancy cars parked for free all day

            • Morphio25 on 04/12/2022 - 07:03

              @OzBestDeal: I'm from Adelaide, don't see that sort of thing happening here but that's very disappointing to hear.

            • VictoriousBboy on 04/12/2022 - 20:49

              @OzBestDeal: just because someone looks a certain way doesn't mean they don't have a disability. I have several clients who do and they can walk about 300m before it becomes too much. Unless you're someone's doctor, you really should mind your own business.

      • morse on 05/12/2022 - 08:34
        +1

        If it’s people rorting the system of course it’s bad. However some manual wheelchair users prefer a low car for transfers in/out and sometimes the 2 door sport cars allow to more space to get the wheelchair in. I know it sounds counterintuitive but I know a few people with paraplegia who drive this style of car, transfer into the front seat, pop the wheels off the wheelchair and put it upside down to the passenger seat. You might notice some of these cars will have hand controls.

        Also there’s some elderly lawyers/bankers etc who might have permits with significantly reduced mobility who can afford such cars and might park right outside their building.

        Also remember not all disabilities are visible.

  • Bad Wolf on 02/12/2022 - 07:44

    Anytime contesting a fine. Look up the actual wording of the road rule.
    Easier to have it overturned if the situation doesn’t fit the rule.
    Ie. The signage is damaged/faded /missing etc
    Line marking worn etc where signs/lines are stated in the rule.

    • coffeeinmyveins on 02/12/2022 - 08:12
      +2

      Look up the actual wording of the road rule.

      "Don't park in a disabled spot without a valid permit". There's no gotcha here that the OP can get away with.

      Ie. The signage is damaged/faded /missing etc

      What a ridiculous suggestion. Disabled spots are one of the most clearly marked things you can possibly have with physical signs, a printed marker on the spot itself, and the fact that it's so large that everyone knows it's a disabled spot and not a regular spot.

      • spaceflight on 02/12/2022 - 10:41
        +1

        But if the signage is damaged/faded /missing etc you cannot know that it is a disabled parking bay because the legally required signage is not up to the correct standard.

        and the fact that it's so large that everyone knows it's a disabled spot and not a regular spot.

        If the signage is not up to standard then how are you supposed to know it isn't just a wide carpark?

        • coffeeinmyveins on 02/12/2022 - 10:43
          +1

          Like I said, there is more than one signage item for disabled parking including a physical sign(s) and road painting.

          Even if it's faded, you are never going to get infront of a court and win because of that.

          You're creating a pointless argument here. The OP didn't say anything about faded signage so we're only speaking hypotheticals now.

          • spaceflight on 02/12/2022 - 10:51
            +1

            @coffeeinmyveins:

            You're creating a pointless argument here.

            No I'm not

            You said

            What a ridiculous suggestion

            To the suggestion of "The signage is damaged/faded /missing etc"

            It is not a ridiculous statement because if the signage is damaged/faded /missing etc you cannot know that it is a disabled parking bay because the legally required signage is not up to the correct standard.

            • coffeeinmyveins on 02/12/2022 - 10:56

              @spaceflight: Where in any of OPs content did they say that the signage was faded? They admitted they only parked there because they had to go to the toilet, knowing that it was a disabled spot, so why are even talking about a hypothetical that DOESN'T APPLY to this situation at all?

              It is not a ridiculous statement because if

              And if I was a billionaire I wouldn't be sitting here. We can talk about IFs all day.

    • Thenarrator on 02/12/2022 - 10:53

      thanks for thought.

  • randomusername2017 on 02/12/2022 - 07:46

    no contest

    Retrospective section 38 mitigating circumstances …

  • David 1969 on 02/12/2022 - 08:02
    +21

    The first 5 words……

    Parked in a disabled spot.

    As a carer of 2 with a GENUINE permit, I think it's sad that the "entitled" believe that it's ok to use these spots! (until they get fined).

    I ONLY use these spots if my passengers are with me, or I'm picking them up, or dropping them off. Otherwise I find a normal space like the rest of the able bodied population.

    What's your normal hourly rate? And how much time and effort are you going to waste on a useless campaign to avoid paying for your infringement? You did the crime, just pay the fine. Sometimes in life you have to choose your battles……. and this isn't one of them.

    If you're after sympathy or ways to 'get out of it' I'm afraid you've come to the wrong place…. Move along the couch, I've got a fresh bucket of popcorn 😂😁

  • kolorijo on 02/12/2022 - 08:22
    +14

    Please do contest the fine and hope you'll get awarded with the maximum penalty ;p

  • pjetson on 02/12/2022 - 08:25
    +4

    The law is clear, and you broke it. I think that the best you can hope for in court is that the original $587 fine stands. The worst is that the fine might be raised to $2200.

    • pharkurnell on 02/12/2022 - 10:30
      +2

      the worst is that the fine might be raised to $2200.

      that would be sweet

      • Morphio25 on 04/12/2022 - 06:39
        +1

        That would be sweet. My experience however is that Magistrates tend to put the defendant back in the same position they would've been in had they just paid the fine.

        So in NSW it looks like you guys have $175 in court costs and victims levies. So OP would expect a fine somewhere around $410.

        I honestly think that is a mentality that needs to change. If people are dumb enough to challenge things like this in court and lose then they should EXPECT a larger fine. The whole point of an expiation being smaller is so people have more incentive to pay that amount rather than risk a larger fine in court.

  • ode1online on 02/12/2022 - 08:42
    +1

    Go directly to JAIL, DO NOT PASS GO.

    • grr1701 on 02/12/2022 - 11:31
      +2

      Or wind.

  • iCandy on 02/12/2022 - 08:42
    +24

    Paralegal here. You will lose if you take it to court. But I’m secretly hoping you do so they can increase your fine to $2200.

    • happydude on 02/12/2022 - 16:01

      A half decent lawyer would win under 165(c)

      • iCandy on 05/12/2022 - 09:17

        If the police won’t, and don't, accept “I have to go to the toilet” as an excuse for speeding, they certainly won’t accept it as an excuse for parking in a disabled spot. No lawyer would successfully use 165(c) as a defence as it could set a precedent that would be near impossible to regulate.

  • ifyareckon on 02/12/2022 - 08:49
    +1

    So weren't creating a risky situation by driving your car in a 3m wide traffic lane @ 60-80km/h, but it became risky when you needed to get your car into a 2.4m wide space @ 5km/h?

  • dust on 02/12/2022 - 09:13

    Would recommend going to court if you like to waste more time and money.

  • Porker on 02/12/2022 - 09:14
    +1

    You definitely have no 'legal' grounds for winning at court, as there are generally allowances for illegally parking but none appear to apply to you.

    I doubt you'll win on compassionate grounds based on the needing to go to the toilet.

    Best case may be to accept ownership of the infringement but demonstrate financial hardship such that the associated costs are reduced/waived.

    Trust me when I say, you're unlikely to be the first person to contest a parking fine and unlikely to be the first to use an argument that has not been heard by the magistrate. The fact that you're asking on OZB also suggests you're not prepared for the fight you wish to take on.

  • GrueHunter on 02/12/2022 - 09:20
    +11

    Mods should set up a YT channel: "Judge OzB"

    Each week a celebrity OzBargainer will hear your case and pass judgement

    JV could use the gavel to bold particular words

    • MS Paint on 02/12/2022 - 09:23
      +2

      Subscribed and turned on notifications. Cheers

    • pharkurnell on 02/12/2022 - 10:30

      Problem is this case would be over in milliseconds.

  • Zippy7 on 02/12/2022 - 09:22

    You didnt say where you were - just be aware that in NSW, you'll collect demerit points for this offence…

    • MS Paint on 02/12/2022 - 09:24
      +1

      Thenarrator

      Member Since
      03/03/2014
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      • Antikythera on 02/12/2022 - 10:05
        +5

        a happy ending after all

        • OZKap on 02/12/2022 - 11:30
          +1

          Possibility of getting the fine increased to $2200 if it goes to court too

    • pharkurnell on 02/12/2022 - 10:57
      +1

      The Penalty for Illegally Parking in a Disabled Spot in NSW

      While your car casting a shadow onto a disabled parking spot does not warrant an offence in NSW, it still remains against the law to park in a disabled spot if you are not legally allowed to.

      In fact, according to NSW statistics from recent years, about 15,000 times each year, motorists illegally park in disabled spaces, many who end up getting fined.

      In NSW, clause 203 of the Road Rules 2014 outlines the circumstances in which you are legally permitted to park in a disabled spot.

      Clause 203 states that you can only park in a disabled spot if you hold and display a current parking permit for people with disabilities and if you comply with the conditions of use of the permit.

      Breaching these rules, if you stop your vehicle in a designated parking area for people with disabilities, you can expect to receive an on-the-spot fine or penalty notice of $587 and one demerit point.

      However, if you choose to have the matter dealt with in a local court, the maximum penalty you can face is a fine of $2,200.

      As per clause 203, a parking area for people with disabilities is defined as a length or area of a road to which a permissive parking sign displaying a people with disabilities symbol applies, or to which a people with disabilities parking sign applies.

      By Sahar Adatia

  • 2esc on 02/12/2022 - 09:24

    Im sorry but you dont have a disabled permit pay the fine. Consider if a person who has a life long disability needed that spot.

  • KaTst3R on 02/12/2022 - 09:44
    +8

    Sometimes i just go on Ozbargain not to find a deal but to be entertained…

  • pegaxs on 02/12/2022 - 09:45
    +20

    It's not $600…. it's $600 divided by the number of time you have gotten away with it in the past, and I betting with that shit attitude towards disabled people, that you do this way more often then you are letting on.

    • Typical16-bitEnjoyer on 02/12/2022 - 10:19
      +5

      Oooooooof, OP really doubled down with that shit take response.

  • Flirt69 on 02/12/2022 - 09:45

    Firstly did the fine say it was for parking or for stopping?

    If parking then they would need to prove that the car was not in gear and the motor had not been turned off
    otherwise it is stopping/Standing and not Parking.

    If that is not applicable then you could try the common law defense of "necessity" which applies where natural
    or human threats induce a person to break the law to avoid even more dire consequences.

    The other option would be to challenge the lawfulness of the Act/Rule/Regulation they used to charge you.

    • Hangryuman on 02/12/2022 - 10:16

      did you know that in NSW you can get a ticket for stopping in the line of traffic beside a parked vehicle to let a passenger get out (double-parking) even for 3 seconds, while the engine is running and your foot is on the brake - that's one I didn't know before.

  • Derrick Crane on 02/12/2022 - 09:46
    +1

    Contest it in court. Tell them you are dyslexic.

  • original15 on 02/12/2022 - 09:50

    Hope it wasnt the only disabled parking spot

  • Windows98 on 02/12/2022 - 09:55
    +2

    Lol a "doctors certificate" like the ones we all get when we don't want to go to to work? Yep solid.
    And $10 worth of of the shelf medication from chemist warehouse?

    Nice one. I'll give you points for the effort.

    • iamherenow on 02/12/2022 - 10:37

      what is considered convincing evidence?

      Plan A didn't cut it. Working on plan B.

    • Drewbo on 02/12/2022 - 15:39
      +1

      Bulk billed without a shadow of a doubt.

  • singlemalt72 on 02/12/2022 - 10:01
    +2

    Stomach pain is not a disability

  • blorx on 02/12/2022 - 10:03
    +6

    i could not drive

    Proceeds to drive

  • belongsinforums on 02/12/2022 - 10:12
    +3

    A lot of assholes at my gym park in the disabled spot with no disability card visible in their windscreen. Fine well deserved

    • Hangryuman on 02/12/2022 - 10:17

      I have seen a lot of assholes in Sydney CBD legal district parked shiny new expensive German luxury cars with a disability card visible in their windscreen. At one time you could see a whole row of like 6 of them in a line. Fine well deserved.

      • pharkurnell on 02/12/2022 - 10:25

        Yep disabled stickers are like cans of coke these days.

    • jv on 02/12/2022 - 13:43
      +1

      with no disability card visible

      isn't a lack of living brain cells a disability?

  • Typical16-bitEnjoyer on 02/12/2022 - 10:17

    Key piece of information that OP hasn't disclosed. How long were they parked in the spot for ;)

    popcorn

  • Poor Ass on 02/12/2022 - 10:19
    +6

    You should of took that shit in your car it'll be cheaper

  • pharkurnell on 02/12/2022 - 10:24
    +1

    Parked in a disabled spot

    Nothing more needs to be read… pay up.

  • Ryanek on 02/12/2022 - 10:30
    +6

    How do we downvote forum posts?

  • bobbified on 02/12/2022 - 10:33
    +3

    The fine could've only been $300 if you parked half in, half out.

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