NSW Fined by Council at Car Park - What to Do?

[crocodile]

I am not a lawyer and I don't know much about the processes, limited knowledge you can say, that is about me, but if you can obtain the video, why should you care about their brief of evidence, all you have to do is prove you did not stay more than the allowed time and you moved your vehicle, they can say what they like, as long you can prove your status of not being guilty, that is it.

Thanks.

Two reasons. Firstly, I'm entitled to it. Secondly, in spite of the video which the magistrate has allowed, they still insist on proceeding. I guess I'd like to see if they have any surprises that I haven't accounted for.

Thanks for your input.

 

[Clancy]

Thanks.

Two reasons. Firstly, I'm entitled to it. Secondly, in spite of the video which the magistrate has allowed, they still insist on proceeding. I guess I'd like to see if they have any surprises that I haven't accounted for.

Thanks for your input.

The only surprise is that they are arrogant recalcitrant idiots, and they are immune to listen to anything a member of the public has to say.... The same as all minor traffic law enforcement authorities, but then again that is not much of a surprise!

They may try some trick to have the video disallowed, because don't think for one second they are at all interested in truth and fairness!

 

[Ozwarlock67]

Let us know how you get on.

 

[crocodile]

Just back from court. Met the prosecutor and he gave me the brief. Said the council witness wasn't available so he'll ask for an adjournment. Judge asked if I objected. I said that I'd read the brief and there is nothing I dispute or wish to ask of the witness so is it necessary for them to even show up. Judge said that if I'm not arguing about the prosecution evidence then maybe you two ( meaning me and the prosecutor ) should talk about this over a cup of tea outside.

I explained to the prosecutor that I had moved the car in between the times shown on the ticket and that I have footage of it. I also asked if the council officer told him all the details of what I had already explained to them. He said no, all he got was the brief. He looked unhappy. He phoned the council and told them that they were on a hiding to nothing. Prosecutor comes over to me and says that they are withdrawing the charge. What a fat waste of time this has been.

 

[Rod]

Our justice system at work. The problem is with people and organisations (eg councils, toll companies etc) putting cases into court that don't belong there.

Keep in mind that without your work you would have been found guilty. At least the prosecutor was realistic.

And thanks for the update.

 

[Clancy]

Our justice system at work. The problem is with people and organisations (eg councils, toll companies etc) putting cases into court that don't belong there.

Keep in mind that without your work you would have been found guilty. At least the prosecutor was realistic.

And thanks for the update.

The problem is with cases going to court that don't belong there is exactly rite! And when it comes to government authorities like councils, RTA, even police, they are all public servants, and they really don't like to make intelligent decisions and hence take responsibility. They would rather pass it along to a judge to decide.

But then the problem is allot of people don't want to go to court and just pay unfair fines, so huge numbers of people are missing out on justice every day because public servants don't want to make intelligent decisions.

 

[Adam1user]

Good on you and congrats.

I think most authorities rely on people that don't want to waste their time to go to court so they decide to pay the infringement and move on with their life.

I was in one situation before and learned from it, but in future, I would be asking compensation (if I ask for review and the result of the review is negative and then gets dismissed in court). Which is the same in your situation, you should ask for compensation of your time you spent on this, as this was their incompetence. Anyway, a lesson learned....

 

[King Neptune]

I had exactly the same thing happen with a parking ticket last week - prosecutor looked over my statement, made a phone call and Council withdrew.

It's a shame Council's push these matters to the end in the hope you just give up/pay up. Costs more tax payer dollars in the end.

Adam1user - my understanding is you can only apply (and aren't guaranteed) to have professional legal costs covered; you can't claim compensation be awarded for your own time and costs.

 

[Adam1user]

I had exactly the same thing happen with a parking ticket last week - prosecutor looked over my statement, made a phone call and Council withdrew.

It's a shame Council's push these matters to the end in the hope you just give up/pay up. Costs more tax payer dollars in the end.

Adam1user - my understanding is you can only apply (and aren't guaranteed) to have professional legal costs covered; you can't claim compensation be awarded for your own time and costs.

I heard the same thing, but nothing will stop me from asking and if I can show/argue that the authority did actually waste my time and the court's time (by not resolving the matter through the review process and I'm sure that the infringement was wrong 100% - so not in all cases), maybe something will happen, fingers crossed, I am not saying it will happen but I will never know until I try or ask! I am keeping this in mind for the future.

 

[Ozwarlock67]

Good to see a win for the little guy again.