VIC Can Police Issue Traffic Tickets on Private Property?

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s1d3fx

Member
19 April 2017
1
0
1
I had my vehicle stopped in the McDonalds car park across the street from Melbourne airport in one of those areas spray painted with the diagonal lines through it to signify no parking in that spot. (I was in the car the entire time waiting for someone with the car on). A police officer was at the adjacent gas station and walked over and took a picture of my licence plate and then I get a $155 ticket in the mail for "stopped in a loading zone" with the legislation cited as RR 179(1).

So I took a look at the legislation and RR 179(1) defines a loading zone as "a length of road to which a loading zone sign applies" and then provides a diagram of what a loading zone sign looks like. This was not a road, it was a private car park, and there was no sign that said loading zone, just the diagonal lines through the spot to denote no parking in that area.

Please someone with more experience correct me with I'm wrong, but given the circumstances it seems to me like the legislation does not support this ticket at all? I would like to fight it but I live in Queensland and obviously can't justify flying all the way to Melbourne to appear in court or paying a lawyer to do it on my behalf as both of these options would end up costing me more than just paying this bogus ticket.

Any ideas on how to not get forced into paying an illegitimate ticket under traffic law?
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,129
958
2,894
Write to VicPol and ask for a review.

If that fails, elect to take it to court, else just pay up.
 

Ozwarlock67

Well-Known Member
16 April 2015
163
19
459
In my experience, if you object and deny and produce evidence to the contrary, they will let a matter for an interstate resident drop......especially when they know it's weak and you are determined to pursue it.
 

john20170713

Member
23 July 2017
2
0
1
I had my vehicle stopped in the McDonalds car park across the street from Melbourne airport in one of those areas spray painted with the diagonal lines through it to signify no parking in that spot. (I was in the car the entire time waiting for someone with the car on). A police officer was at the adjacent gas station and walked over and took a picture of my licence plate and then I get a $155 ticket in the mail for "stopped in a loading zone" with the legislation cited as RR 179(1).

So I took a look at the legislation and RR 179(1) defines a loading zone as "a length of road to which a loading zone sign applies" and then provides a diagram of what a loading zone sign looks like. This was not a road, it was a private car park, and there was no sign that said loading zone, just the diagonal lines through the spot to denote no parking in that area.

Please someone with more experience correct me with I'm wrong, but given the circumstances it seems to me like the legislation does not support this ticket at all? I would like to fight it but I live in Queensland and obviously can't justify flying all the way to Melbourne to appear in court or paying a lawyer to do it on my behalf as both of these options would end up costing me more than just paying this bogus ticket.

Any ideas on how to not get forced into paying an illegitimate ticket under traffic law?

Hi there, I have a similar situation there except I was at that McDonald's Loading zone. It was jammed packed with cars in that morning 8:15am something. Before I had a chance to get out of that spot after mistaken it as a valid parking spot, I spotted the policeman in patrol took a photo of my car rego & few days, sent me a hand written infringement notice.
 

Khary

Member
12 February 2018
1
0
1
I had my vehicle stopped in the McDonalds car park across the street from Melbourne airport in one of those areas spray painted with the diagonal lines through it to signify no parking in that spot. (I was in the car the entire time waiting for someone with the car on). A police officer was at the adjacent gas station and walked over and took a picture of my licence plate and then I get a $155 ticket in the mail for "stopped in a loading zone" with the legislation cited as RR 179(1).

So I took a look at the legislation and RR 179(1) defines a loading zone as "a length of road to which a loading zone sign applies" and then provides a diagram of what a loading zone sign looks like. This was not a road, it was a private car park, and there was no sign that said loading zone, just the diagonal lines through the spot to denote no parking in that area.

Please someone with more experience correct me with I'm wrong, but given the circumstances it seems to me like the legislation does not support this ticket at all? I would like to fight it but I live in Queensland and obviously can't justify flying all the way to Melbourne to appear in court or paying a lawyer to do it on my behalf as both of these options would end up costing me more than just paying this bogus ticket.

Any ideas on how to not get forced into paying an illegitimate ticket under traffic law?

"The Australian Road Rules apply to roads – and a road has a specific definition that has nothing whatsoever to do with whether the road is on privately-owned or public land.

Here’s the official definition: “A road is an area that is open to or used by the public, and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.”

That means all those other rules apply as well – seatbelts, giving way rules, havin a registered car, mobile phones, indicators, having a driver’s license, etc. And guess what? It’s not just car parks – it’s beaches like Fraser Island or Sydney’s Stockton beach, bush tracks generally. Anywhere open to the public (or even closed to the public but used for driving anyway) is basically a road."
 

Ozwarlock67

Well-Known Member
16 April 2015
163
19
459
Hi there, I have a similar situation there except I was at that McDonald's Loading zone. It was jammed packed with cars in that morning 8:15am something. Before I had a chance to get out of that spot after mistaken it as a valid parking spot, I spotted the policeman in patrol took a photo of my car rego & few days, sent me a hand written infringement notice.


Whatever the actual road rules define, this is about as low as it gets. Did you pay it as I would have elected to take it to court. Clearly this guy just wanted to reach his quota with some easy marks.
 

Adam1user

Well-Known Member
5 January 2018
572
32
2,219
hi,
Although the carpark is private property on Maccs, but it will be considered as public as the public use that area, private property is private when it is private (drive way in a person's land which is not used by public but by the person and his family/friends etc..., this is what I understood from someone's comment on my issue and it makes sense to me.
I don't advice to use the Private / Public road defense, I don't think you will get it in court. I think it will be a weak argument as the Magistrate/Judge would be interested in a defense that shows there is no risk to others and you. If you have a good driving record, then use it with the fact that you were in an new area and did not notice and therefore made the mistake and that you would be more careful in the future.

Good luck!