In August 2023 I parked my motorcycle in the Sydney CBD on Bent Street in a place where motorcycles have been parking for years. The location is adjacent to the Universities and Schools Club and is recessed from the building line. The Universities and Schools club has put signs on the building saying Private Property, no parking, but they don't in fact seem to mind motorcycles parking there as every day there are circa 20 bikes parked there. I subsequently received a fine in the mail for contravention of NSW Road Rule 197 Stopping on a path, dividing strip, nature strip, painted island or traffic island. I performed title searches which confirmed that the narrow strip of land has its own specific title and is owned by the Universities and Schools Club and is therefore private land. I submitted an FOI request to the City of Sydney who confirmed that there is no arrangement between the City and the owner of the land to issue parking fines. I have sought a review of the fine by Revenue NSW and the Council and both have responded that the fine is valid on the basis that the area meets the definition of "Footpath" in the NSW Road Rules. The definition is : footpath, except in rule 13(1), means an area open to the public that is designated for, or has as one of its main uses, use by pedestrians.
I am struggling to see how land that I can prove is privately owned and which the Council itself has confirmed is not subject to an agreement that gives Council the right to manage the land meets this definition. The boundary of the land is contiguous with the council owned footpath but given the private ownership I would argue that it is not "open to the public" nor is it "designated for use by pedestrians"
I am inclined to have the matter considered by the Court and would appreciate any thoughts on the likelihood of success. In the grand scheme of things the fine ($288) is not the issue but I am not comfortable being fined for something that appears to be incorrect. Note that I walked the bike to an from the spot so I did not breach rules regarding riding on the footpath.
Thanks in advance for any comments
I am struggling to see how land that I can prove is privately owned and which the Council itself has confirmed is not subject to an agreement that gives Council the right to manage the land meets this definition. The boundary of the land is contiguous with the council owned footpath but given the private ownership I would argue that it is not "open to the public" nor is it "designated for use by pedestrians"
I am inclined to have the matter considered by the Court and would appreciate any thoughts on the likelihood of success. In the grand scheme of things the fine ($288) is not the issue but I am not comfortable being fined for something that appears to be incorrect. Note that I walked the bike to an from the spot so I did not breach rules regarding riding on the footpath.
Thanks in advance for any comments