WA Are Parking Fines a Criminal Offence?

Discussion in 'Traffic Law Forum' started by WAbloke, 14 October 2018 at 6:13 PM.

  1. WAbloke

    WAbloke Active Member

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    My parking fines has been set down for trial closer to Christmas.

    How do I get disclosure from the council? How do I ensure I get it before the trial date? Do I have to nominate the items I want?

    Do I get an opportunity to talk to the mag about the prosecutions costs? if so when? I want to cross examine someone from the council about their cost claims. How do I know who to nominate to ask these questions of?

    I want to summon the parking inspector who wrote the ticket; for cross examination. What happens if they are unavailable for whatever reason? e.g. they may have left the council be on holiday or sick, etc?

    If the parking inspector is no longer employed by the council is that grounds for asking for the case to be dismissed? if so how do I do that?

    Can I quote case law (court cases) from other Australian states, in WA courts?

    Is a parking fine a criminal offence or a civil offence. Documents I have received from the court are refer to the WA Criminal procedure act.

    Sorry for the big list of questions but I have not been able to find these answers anywhere, the mags website, legal aid et al and so on.

    Thank you
     
  2. Adam1user

    Adam1user Well-Known Member

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    You need a lawyer to answer your questions and I am not a lawyer.

    From my understanding and experience, if you don't have strong proof or a strong reason (such as it was an emergency [medical etc...] that you needed to park in that area, you should accept it and live and learn, if you want to dispute it in court, it may cost you more than the parking fine itself as it will include the fine, penalties etc...

    Just be careful.

    I know it is annoying but this is one of those things that you have to let it go. I paid my fair share of parking fines, example I parked in an area where others parked I got fined while others did not. Nothing I can do. I paid the fine and got on with my life.
     
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  3. WAbloke

    WAbloke Active Member

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    What you have said I have been told many times by my family but I am going to fight it on principle and do my bit to clog up the courts.
     
  4. Rob Legat - SBPL

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    If one of your aims is to ‘clog up the courts’, then from both a professional and ethical viewpoint I am not going to help you. You’re effectively wasting public time and money to be a nuisance.
     
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  5. Adam1user

    Adam1user Well-Known Member

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    Your statement does not show any maturity.

    As Rob said, you will be wasting other's time and there is one more advice I was going to give you but due to your attitude, I will not, so learn the hard way!
     
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  6. WAbloke

    WAbloke Active Member

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    Technically it should be very easy to get off any fine because no law since the late1970's has received royal assent from the queen as required by Clause Sect 58 Royal assent to Bills Of the Commonwealth of Australia Constitution.

    The mag tells me the Commonwealth of Australia Constitution does not apply within the legal system because of court decisions all the way up to the High Court of Australia saying so.

    I have no doubt there has been such decisions because they would have either been lent on to make such rulings, or they did it willingly, to protect those who have usurped the Commonwealth of Australia Constitution.

    Creation of the thing called the "Australian government' or the "Australian parliament' were never created with the consent of the Australian people via Section 128 of the constitution which says " that any proposed law to alter the Constitution must be passed by an absolute majority in both Houses of the Commonwealth Parliament. If passed by both Houses, it is submitted to a referendum at least two months, but less than six months, after it has been passed by Parliament"

    Did we; the Australian People ever vote in a referendum to create the "Australian government' or the "Australian parliament'?

    Funny thing is though is that even though the high court as ruled the Australian constitution does not apply in Australian courts, the high court judges themselves cling to section 71 of the Constitution, to justify their power and their terms and condition's of employment.

    How can it be that, according to the high court, the commonwealth constitution does not apply in the judicial system but the high court relies on Section 71 of the constitution for their own existence and continuance ? - what a joke.

    It would all be funny if it wasn't a case of naked tyranny being perped upon the Australian People by Gough Whitlam et.el. - probably get banned now.

    Lawyers can't have this getting out can they?
     
  7. Rod

    Rod Well-Known Member
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    Parking fines are not covered under Federal law.

    States retained many of their own lawmaking powers deriving from the British Colonies.

    And read s58. s58 doesn't require the Queen's signature.

    Forget the 'freeman' rubbish.
     
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  8. WAbloke

    WAbloke Active Member

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    Forget the 'freeman' rubbish. - whats 'freeman?

    And read s58. s58 doesn't require the Queen's signature. - who said it did? the queens assent is given by a proclamation certificate.
     
  9. WAbloke

    WAbloke Active Member

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    Covering clause 5 says:

    Commonwealth Of Australia Constitution Act - Clause 5

    This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queen's ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth.

    Exactly which parts of this or any other clause; says that the constitution does not apply to courts in Australia?
     
  10. Rod

    Rod Well-Known Member
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    Sorry, I'm not going to explain more. You keep moving the goalposts, from criminal law, to s 58, to s 5 to something else next.
     
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