NSW Disputing Parking Fines with GPS Evidence?

Discussion in 'Traffic Law Forum' started by Sam Potts, 27 October 2016.

  1. Sam Potts

    Sam Potts Member

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    Hi,

    I was issued a parking ticket by the local council recently for overstaying allocated time (a 2P). The ticket stated I had arrived at the space at 10:14am and was given a ticket at 1:20pm. At 10:14am, I was actually at home, working and the car was in the garage. I arrived at the spot at around 12:55pm for a 1pm meeting and left at around 2:20pm (within the allowed 2P).

    I lodged a dispute with the SDRO stating that I was not there but couldn't provide any evidence at the time. The council has since uploaded photo evidence that I was there at 1:20pm, when the ticket was issued but provided no evidence of the 10:14am arrival.

    When originally lodging my dispute with the SDRO, I didn’t have evidence of my arrival time but now I have records from my mobile phone (iPhone GPS location history) confirming my arrival at 12:54pm, which I have now sent to the council. I'm waiting on their reply.

    I realise the next step is to deal with it through the courts (which I’m prepared to do if need be) but I'm just wondering who has to prove guilt here and if my GPS record is enough proof? They show that I was at home until 12:45pm and arriving at 12:54pm at the parking spot, subsequently leaving at 2:21pm and arriving home at 2:45pm. I am on the only legal driver of the vehicle as my wife has no license.

    Any help appreciated.
     
  2. Iamthelaw

    Iamthelaw Well-Known Member

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    Hi Sam,

    The council bears the onus on proving the offence and the times in which you arrived, left etc. In regard to GPS evidence (and evidence from your wife), it is definitely evidence that you may lead at the hearing.
     
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  3. Sam Potts

    Sam Potts Member

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    Thanks for the reply and title update. The council just replied this morning:

    It sounds like they might have changed their mind. Let's see.
     
  4. Sam Potts

    Sam Potts Member

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    Just to update. The SDRO cancelled the fine after a second dispute.

    I contacted the council again to see if they could cancel it there end based on the fact I had additional evidence to support my claim. They said they contacted the SDRO, but clearly didn't. I called the SDRO a week later who had heard nothing. The guy from the SDRO was actually very helpful and suggested I dispute the fine again (I wasn't aware this was possible) mentioning the council's email and additional GPS evidence. The SDRO reviewed the case again and cancelled the fine.

    It's worth noting that every time you dispute the fine, they pause the case while they review it and then depending on the outcome either cancel it or give you an additional 28 days to pay.
     
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  5. Iamthelaw

    Iamthelaw Well-Known Member

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    Good to hear!
     
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