NSW Disobey No stopping Sign

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Brandon Pham

Member
27 February 2020
3
0
1
I got a parking fine $268 from" disobey no stopping sign". I write a review letter to NSW service and get rejected. Should I take this case to court?
My argument is
My vehicle is off the road. It’s as close as possible to the house. On your photos you can see other vehicles is free to move. My work is putting up a roller door at the back of the house is not different from other tradie parking near traffic light fixing Speed Camera and they didn’t get fine when parking on side road. So I believe my business was treated unfairly and incorrectly.
I unload the door under owner permission, and remain with vehicle at all time. The right business can bring goods to their shop even if you don’t give them room and signs cannot override existing right enjoyed by landowners.

I need an advise if this is good enough to go to court.
Thank you
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,452
513
2,894
Gold Coast, Queensland
lawtap.com
Let me break this down, accepting that I can't actually see what you did and I'm only going off what you said:

"My vehicle is off the road. It’s as close as possible to the house" - You only get fined if you are on the road. I'm assuming your reference to 'off the road' as meaning 'not on the middle bit where the cars usually drive'. If you're on the paved bit between the two gutters (or similar) - you're on the road.

"On your photos you can see other vehicles is free to move" - This supports my thoughts above. Being 'free to move' is not the the only consideration for a 'no stopping' area.

"My work is putting up a roller door at the back of the house is not different from other tradie parking near traffic light fixing Speed Camera and they didn’t get fine when parking on side road." - It is completely different. If you were performing work for Main Roads or Council which had relevance to the road conditions it might be similar - but that's not the case. In any event, just because someone else is not fined (rightly or wrongly) has no bearing on whether you get fined.

"So I believe my business was treated unfairly and incorrectly" - Nope.

"I unload the door under owner permission" - This is irrelevant, see below.

"remain with vehicle at all time" - Also irrelevant. It was a 'no stopping' area. The rule is you may not stop your vehicle for any reason.

"The right business can bring goods to their shop even if you don’t give them room and signs cannot override existing right enjoyed by landowners" - Any such right (which I'm not aware of off the top of my head) would be common law at best, and doesn't overrule the legislated road rules - even if it extended out from the boundary of the landowner's property.
 

Brandon Pham

Member
27 February 2020
3
0
1
Let me break this down, accepting that I can't actually see what you did and I'm only going off what you said:

"My vehicle is off the road. It’s as close as possible to the house" - You only get fined if you are on the road. I'm assuming your reference to 'off the road' as meaning 'not on the middle bit where the cars usually drive'. If you're on the paved bit between the two gutters (or similar) - you're on the road.

"On your photos you can see other vehicles is free to move" - This supports my thoughts above. Being 'free to move' is not the the only consideration for a 'no stopping' area.

"My work is putting up a roller door at the back of the house is not different from other tradie parking near traffic light fixing Speed Camera and they didn’t get fine when parking on side road." - It is completely different. If you were performing work for Main Roads or Council which had relevance to the road conditions it might be similar - but that's not the case. In any event, just because someone else is not fined (rightly or wrongly) has no bearing on whether you get fined.

"So I believe my business was treated unfairly and incorrectly" - Nope.

"I unload the door under owner permission" - This is irrelevant, see below.

"remain with vehicle at all time" - Also irrelevant. It was a 'no stopping' area. The rule is you may not stop your vehicle for any reason.

"The right business can bring goods to their shop even if you don’t give them room and signs cannot override existing right enjoyed by landowners" - Any such right (which I'm not aware of off the top of my head) would be common law at best, and doesn't overrule the legislated road rules - even if it extended out from the boundary of the landowner's property.
01.jpg
Can it be an emergency stop? I can't find any other way that I can Unload that roller door but not stopping there ?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,452
513
2,894
Gold Coast, Queensland
lawtap.com
That’s not an emergency, even if an emergency stop was permitted (which I haven’t considered). As for how you’d unload, there’s two of you. You park where you are permitted to do so and carry it.
 

Brandon Pham

Member
27 February 2020
3
0
1
I understand your point but I never see two people carry the roller door on shoulders and go around on the streets. This 4m long roller door is about 95kg. If I hire a fork lift they would still give a ticket to the fork lift. So I still don’t know what to do if I have same situation in future.
The rangers have no heart they can just demands me to leave.