NSW Ticket Parking: potentially massive number of invalid fines

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Clancy

Well-Known Member
6 April 2016
973
69
2,289
@Clancy : Probably. But how many times do they just plain get it wrong? Part of the reason why 'minor' errors on tickets don't invalidate them.

But a judgement on this would invalidate hundreds of thousands in fines, so I suspect Revenue would fight it hard

Minor errors dont invalidate tickets, plus a question of revenue.... hmmm not looking good for the OP in my opinion.
 

WAbloke

Active Member
14 October 2018
13
0
31
Hi All,

I have what seemed to be a straightforward issue. Inner West Council, and many others, have ticket parking areas that also have a 15 or 30 minute free period, after which paid parking is required.

The relevant legislation is 207-3

I was issued a fine for 207-3(1) "Park without current ticket displayed".



HOWEVER, subrule 6 of the same 207-3 rule is:




I was only parked for 5-10 minutes, definitely not exceeding the no-fee period, but I failed to obtain the "free ticket" from the machine in time.

So am I missing something here? The ticket machines do say that "free ticket must be obtained", but there seems to be no legislation to support this; indeed the subrule 207-3(6) unambiguously states that the rule is not contravened.

I requested a review from Revenue NSW, pointing out the above information. But they rejected it, ignoring the legislation I pointed out:


I suspect that Revenue NSW will have issued tens of thousands of such fines, but I just can't see how they are legal; can they just add new conditions on the machines and signs, or does the subrule 207-3(6) apply here?

Thanks for any advice or experience....

Sounds to me like the purpose of the free period is to lure people into overstaying so the council can take to court.