Fined for Parking in Loading Zone - Whitehorse Council Melbourne

Hi all, I'm just looking for advice here regarding a parking ticket I got in October 2024.

I had a new job which provides parking so on my first day I knew I needed to park on the road before I got my parking garage access. I bought a parking ticket for an hour at 9:20am, then parked my car and displayed the ticket. As I was a bit nervous about the job etc I parked in a loading zone without noticing but I was showing my ticket on the dashboard. I went upstairs, got my access card and came downstairs to move my car.

I came down 15 minutes after parking and had a $200 ticket, the loading zone was for 30 minutes as well. I realise that I probably shouldn't have parked in the loading zone, but I was only there for 15 minutes and I had paid for a ticket so it was very obviously a mistake rather than anything sinister.

I wrote an email to the council and they flat out said hard luck, you should have checked, pay the fine. I get where they are coming form but I was expecting (silly me) something more along the lines of, " we see you tried to pay for your parking and as you were only there for 15 minutes, we'll wipe it this time, be more careful next time.

Should I suck it up and pay or take it to court? Feel like I'm trying to take on the big man on behalf us battlers who occasionally make a mistake. If I take it to court I'll be asking for my $3 back of course.

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Whitehorse City Council
Whitehorse City Council

Comments

  • +14

    If I take it to court I'll be asking for my $3 back of course.

    good luck

      • -1

        You sound like you're fun at parties 🤮🤮🤮🤮🤮. You seriously need to go outside and touch grass. It's the new year and this is the attitude you start with? Lol

        • Well said TrumpisKing

      • Up voting you

      • +4

        I think you might be confused. Askbargain is not the OP, and is not looking for advice on parking fines.

        You may have mistakenly replied to the top comment instead of adding your comment to the post. To add a comment to the post, scroll to the bottom of the comments and there's a text box. Hope this helps.

      • You're absolutely correct, but running into the legion of (profanity) who think speed limits, (and oh, I don't know, mask mandates) shouldn't apply to them. Because they're smart, you see. Oh, and special.

    • -6

      I hope OP does take this matter to court
      I wanna know how much more the judge increases the fine for wasting the court's time.

      Next OP will be asking if they should appeal the decision of the fine being increased to $1000

      • +10

        12 posts in this thread, you obviously feel very strongly about the OP. Did they offend you in some way?

      • +1

        are you OK mate

        • +3

          I’m glad I read this thread last night, before HeWhosAChoad contaminated it

    • -7
      • Seriously, WTAF is wrong with you?

  • +44

    just pay it and move on with life.

  • +38

    The fine is the punishment for occasionally making a mistake. Paying it is what us battlers do.
    You can take it to court, waste everbody’s time, and they will take the evidence you have admitted here as conclusive that you parked illegally.
    There isn’t a “I was trying to do the right thing, but stuffed up” defence.
    Ironically, you would have been legitimately using the loading zone, had you not paid for parking, and you drive a suitable vehicle.

    • -6

      OP should also consider that the judge has the option of INCREASING THE FINE where the judge considers the applicant is wasting the court's time.

      This could be over $1,000!

    • +1

      Ironically, you would have been legitimately using the loading zone, had you not paid for parking, and you drive a suitable vehicle

      No, he would not have been legitimately using the loading zone, he may have gotten away with it, but he would still be illegitimately using it.

      • +4

        Yes, he would have legitimately been using the loading zone.

        There are no restrictions on what you are doing while in the loading zone.
        The restrictions are on the type of vehicle

        Loading Zones
        Loading zones may only be used by authorised vehicles that deliver or pick up goods, services or people. These vehicles include taxis, buses, trucks, vans, utilities and other vehicles used for delivery who have permanent signs fixed to both sides of the vehicle. Note: magnetic signs are not permitted.
        https://www.whitehorse.vic.gov.au/living-working/parking/par…

        • There are no restrictions on what you are doing while in the loading zone.

          Notably, this is wildly incorrect.

          Actual law : https://www.legislation.vic.gov.au/in-force/statutory-rules/…

          Section 179 on page 229 onwards outlines the various restrictions on what you may do in a loading zone. "Just parking", for instance, isn't one of them, for any of the approved vehicles. You generally must be dropping off or collecting goods or passengers, respectively.

          • @Ademos:

            Notably, this is wildly incorrect.
            Actual law

            It's funny you'd say that when you then link to the "actual law" that's been superceded by 12 versions and 4 years.

            Section 179 on page 229 onwards outlines the various restrictions on what you may do in a loading zone

            And it's up to the council to enforce those rules.
            Council make no indication of the vehicle use only the type of vehicle (probably to avoid unnecessary confrontation)

            You should have also noticed that the actual law makes no mention of signage however council specifically states that

            magnetic signs are not permitted.

            Because that's how they have decided to enforce the law.

    • Too late to take it to court

  • +48

    "I was nervous so I did something illegal" is not as solid defence as you think it is.

  • +16

    parking ticket I got in October 2024

    This is why we have a New Year, so we can leave our mistakes behind us and move forward.

    • -7

      Usually 21 days to challenge or elect to take the matter to court.
      Not 3 months!

  • +7

    $200 is a cheap mistake. To err is human.

    Whitehouse

    Whitehorse

    • +2

      Trojan horse !

  • +12

    Doesn’t matter if you were nervous, you parked somewhere you shouldn’t have and got a justified fine

  • +17

    I guess I have my answer… suck it up and pay it.

    • +2

      Great. How's the new job by the way?

      • +4

        Pretty good apart from working for free for a day…

        • -1

          Were you late on day 1 or do you start at 9:30?

          • +4

            @MS Paint: nuh not late, was told to come in late on day 1

            • +6

              @todervico: Standard practice imo, get the newbie in 9:30/10 so the people showing them around have time to get set up

      • 100%. A lot of people love this kind of forum crap for their entertainment. Everyone is on the popcorn

      • You seem to have a lot of free time…

  • +3

    Make sure to leave a 1 🌟 star Google review.

    • +2

      haha yeah that'll show them!

  • +2

    Hi all, I'm just looking for advice here regarding a parking ticket I got in October 2024

    My advice is pay it asap (should've paid it ages ago) and be more diligent in future.

    /thread

    Pretty sure this has happened to most drivers

    • +1

      Yep! I always thought loading zones were OK to stop in briefly, but no, in Vic it’s no standing, even to let a passenger off. Pinged by a camera, read the rules, paid up, “school money”.

      • Never seen a loading zone camera - where was it?

        • +1

          Glen Eira council. Opposite a railway station. One camera across the road, another on a nearby post. Only spot where you can drop someone off for the train. Must make them a fortune.

  • +6

    Take it all the way to the Supreme Court I say.

    It's the vibe and, uh… no, that's it.

    • I'll make sure I hire Denis to represent me

    • +4

      @Dennis Denuto - fire up that photocopier

      • +3

        Fax him your stat dec. Get it in before he switches his phone-line to his Pegasus dial up account. He's due to update his MySpace page.

  • +3

    Expense it to your new employer, that will teach them a valuable lesson.

  • Unless you've got a commercial vehicle id say youd be better off paying and moving on.

  • What happens if you don't pay a council fine?

  • +15

    I parked in a loading zone without noticing…

    And that is all they will need to read. Pay the fine and dont park in loading zones.

    but I was only there for 15 minutes

    So, you were parked there for 50% of the allotted time? It doesn't matter if it was 1 min or 29 mins. If you parked your car there, got out of it and walked away from it, it was parked. The ticket is for "parking" not "how long you were parked."

    so it was very obviously a mistake

    Yeah, I highly doubt that. I have a feeling this is more like "I'll only be here for a minute while I run up and get the garage pass."

    I wrote an email to the council and they flat out said hard luck

    Yes, because of the information I quoted in the first line of this reply.

    Should I suck it up and pay or take it to court?

    100% take it to court… That's a great way to blow even more money on something you are guilty of.

    Feel like I'm trying to take on the big man on behalf us battlers

    Gawd, I think I threw up in my mouth a little. You're not a "battler" fighting a "big man"… You are an "illegal parker" suffering the "consequences of their actions".

      • -2

        You shouldnt have made this post in the first place
        What did you expect as a response from everyone?
        What a waste of time for a $3 fine

        • I'm allowed to seek others opinions, isn't that the whole point of the forum?

          I don't know what I expected, but it has unanimously be to suck it up and pay it so I will.. This isn't something I deal with everyday (I don't know the law or is others have been let off for making stupid mistakes before) so peoples opinions have been very useful and most have been constructive

          Its a $200 fine, not $3… the $3 is the amount i paid for my ticket that became useless after the fine, i was just being catty trying to get my money back seeing as my ticket wasn't taken in to consideration.

    • -4

      You didnt mention the fact that if taken to court, the judge would view everything exactly the same way you have outlined and probably significantly increase the fine to something Op would be truly sorry about.

      And add some more for not paying the fine on time

      • +1

        As I mentioned above I was seeking peoples opinions before actually taking it to court… the opinions (most of them) have been helpful in stopping me from doing it

  • +1

    NGL the judge won't care that it was your first day and you paid for a ticket.
    This is in the same league as "i had my newborn with me and was flustered"
    Sympathy won't go far.

    If you parked in a loading zone it's pretty open and shut.

  • They are pretty good at issuing fines for loading zones, high risk strategy. Just pay it and move on.

    • -5

      it wasn't a strategy, it was an honest mistake

      • +5

        it wasn't a strategy, it was an honest mistake

        How could you mistakenly park in a loading zone?

        • People make mistakes? I just figured it was a 1hour park like the rest of the street.. I realise I made a mistake

      • +5

        And due to the fine, you are more likely to not make that mistake again in future. Thus the point of penalties.

      • +2

        yes, conveniently right outside of where you work

        Just give it up

        You made one mistake already

        This post is your second mistake

        • -1

          It was my first day, I've never parked there before and as I stated i just parked, went upstairs and got my garage pass

          I have decided to pay it as I have already stated but I will respond to people as that is how forums work

          I disagree, the post and most peoples responses have helped me

          • -1

            @todervico: Read here:
            https://online.fines.vic.gov.au/translations/introductions/E…

            Your significant delay in paying this legitimate fine may have resulted in a significant increase in the amount payable.

            Usually you have 21 days to either pay the fine of elect to take it to court

            Its now been 3 months.

            How many reminder notices have you received so far?

            • +1

              @HeWhoKnows: That's not how it works, if you challenge a fine it gets put on hold until they respond to you… I have until the 10th of january as it took them about 2 months to respond. I've paid it now

    • But its amazing how many "entitled" people think a loading zone is "COURTESY PARKING SPACE" where you can park to have a coffee or do your shopping.

      Too bad for all the shops waiting on a delivery.

      • But they are such convenient spots to park.

      • -3

        I am not entitled, I made a mistake… I didn't park there deliberately, I paid for a ticket, displayed it on my dash and parked in the wrong spot, the 1 hour park next to it was free….. Yes, it was stupid

        • You're entitled. You didn't make a mistake.

    • in port phillip some signs “excluding public holidays” for free parking , need to work out sometimes what is or isn’t public holidays if you work all the time, seems it’s holidays published by vic government. regardless if you celebrate australia day or not, or easter or christmas on religious grounds.

  • I would be interested to see how you go asking for a refund of the $3.00 parking you paid.

    • -1

      to be honest after reading all these responses its not gonna be worth it.. I like a bit of a fight and I really thought I had something to stand on but apparently not. Just sucks legitimately paying to park your car, making a mistake and then having it worth nothing but owing the council 200 bucks

      • +1

        I'd demand the parking ticket money back, and put it towards the fine, given it was invalid in their eyes, and it is what their main case revolves around.LOL

        • -1

          yeah I agree, the 3 bucks is just annoying me now.. it's like paying a bully to hit you less hard

          • +2

            @todervico: Nah, it's like being told that the bullies likes to sit in this one spot, and dont sit there unless you're a bully… then crying to everyone else because you got your lunch money stolen while in the bullies spot when you were told not to sit there unless you were a bully…

            • @pegaxs: I'm not crying… just trying to get out of paying $200 for a 15 minute honest mistake.. as stated above, I'll just have to pay it

      • If you decide to own and drive a car, its going to cost you in many ways.

      • "I like a bit of a fight and I really thought I had something to stand on "

        It seems because you felt so "entitled" ???

        You either parked there deliberately because it was convenient (as many other drivers do)
        OR
        You failed to obserbe a directional sign

        The law states that you must observe all directional signs, whether for parking or in traffic.

        The onus is on YOU and YOU only

        no excuse for "I made a mistake" or "I didnt know"

        This is where you come across as "entitled"

  • -2

    They probs have CCTV monitoring their higher fine $$ bays and as soon as they get an alert, they race around & cash in.
    Local govts are parasitic organisms, but the unfettered powers they have won't favour you in court.
    Whatever a parasite on a parasites arse is, is what parking inspectors are.
    Neg away

    • yeah they are like hawks in Box Hill, I reckon they hide in the bushes. Lets just say that I have learnt an expensive lesson in Councils needing take more money from us on top of rates

      • +5

        Parking fees and fines subsidise rates. If we didn't have fines the rates would be higher.

        • -7

          A local govt employee could not have said it better.

          You should keep saying that until it comes true.

        • +1

          I don't think so, rates have been steadily going up and a few of the councils out here actually have surpluses. It's a money grab and they have way too many of these people patrolling the streets, I've seen people park and within 5 minutes they have a chalk line on their tires… And in the street where I work there are always car parks so its not like they are freeing them up for other people

          • @todervico: If there are always available parks, why would anybody be parking illegally (apart from being nervous of course)

            • -1

              @SlickMick: Because they feel "self entitled"

              I see this every day where I have coffee……

              People parking in clearly marked loading zones whilst they have thier coffee.

            • +1

              @SlickMick: Like I've said i didnt see the sign and just thought it was a 1 hour park like the other ones… people make mistakes

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