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NSW Council Parking Fine - Plead Guilty for Court Attendance?

Discussion in 'Traffic Law Forum' started by JerryD, 11 March 2015.

  1. JerryD

    JerryD Active Member

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    Hello group,
    I need some help please.

    I was fined by Council Rangers for " camping or overnight staying
    (including in vehicles)" at Lions Park Reserve near Bega, NSW. I was driving with my wife from Melbourne back home in Newcastle. We stopped at the park at 3am due to not be able to drive anymore.

    At the park, we did see around 10 campervans, caravans & some tents.
    We did not see the council sign. In the morning at 6:30 am i did noticed rangers writing us a fine.

    I disputed it telling them 3am - 6:30am is not camping or overnight camping?

    I was issued penalty notice with time of offence from 2:55am - 6:40am. I did ask for review with OSRD but it was rejected???
    I did look at the site of OSRD and noticed, if i elect to go to court, if from it was too far "Bega" Newcastle (660km) I could ask to transfer it to my local court. Today i received Court Attendance Notice, I did ring Bega Court and was told the case can ONLY be transferred if I plead Guilty. I don't consider that I did commit any offence by taking few hours rest in the morning, less then 4 hours. Surely it's not Overnight staying or camping???

    Sorry for long story, but really need some help from this knowledgeable group

    Thank you in advance...
     
  2. Rod

    Rod Well-Known Member

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    I do not know the definition of overnight stay or camping. Even if you did not camp, chances are that you still need to somehow prove you got there at 3am else it becomes a 'he said she said' argument in court.
     
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  3. JerryD

    JerryD Active Member

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    Sure Rod,
    but in penalty notice issued by ranger it said 2:55am - 6:40am?
     
  4. Rod

    Rod Well-Known Member

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    ahh, ok missed that in your OP. That's a bonus.

    So you have your fine. What law (and section number) does it say you broke? Once you know the law, find it online and look for the legal definitions you are seeking.

    Also ask the court if you can post in your defence rather than attend in person. Also ask if the Magistrate actually reads defence papers. Have heard of examples where the Magistrate doesn't bother to read case notes.

    BTW, I don't recommend posting in a defence. Maybe time another holiday to coincide with your court date :)
     
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  5. JerryD

    JerryD Active Member

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    Hi Rod,
    fine is :
    NO camping or overnight staying
    (including in vehicles)" at Lions Park Reserve near Bega, NSW.
    To attend court (drive 660km) is not practical.
    I was seeking to move the case to Newcastle Court, NSW but was told
    by clerk at Bega Court that I would have to plead Guilty before it can be done???
    If i plead Not Guilty...it has to be in Bega Court.
    Under 4 hours in the morning shouldn't classified me as "overnight stay" or "camping"???
    Im willing to defend myself in court, but it would have to be local court.

    Please help?
     
  6. JerryD

    JerryD Active Member

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    Rod,
    description of Offence is:
    "Fail to comply with terms of notice erected by council"

    sign wording:
    " Camping or overnight staying (including in vehicles)
    is prohibited at all times in this reserve"

    thanks
     
  7. Rod

    Rod Well-Known Member

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    There should be something saying what law you have broken. Look again, if not there on the actual infringement notice, check the court papers or call the council and have them tell you what law you have broken and for the reference/section number. You have a right to know under what law you are being charged.
     
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  8. JerryD

    JerryD Active Member

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    Court attendance notice
    Law Part Code 6156

    General Penalty Notice
    Offence Code 9325

    thank you
     
  9. Rod

    Rod Well-Known Member

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    Sorry, can't help you any more. I am in Victoria and don't know the applicable law in NSW. The information you provided doesn't tell me what law they are using. Hopefully someone else can help you.
     
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  10. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    Put your resentment aside, pay the fine, and get on with your life.
     
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