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SA Is It Okay to Place a Fine Notice on Car?

Discussion in 'Property Law Forum' started by Dimi, 13 July 2016.

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  1. Dimi

    Dimi Member

    13 July 2016
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    Is it possible to place a notice on your car which states that if anyone attaches any objects to your car they will be fined and then enforce that fine?

    I think everyone can guess where I'm going with this one.
  2. @thelawbundle

    @thelawbundle Well-Known Member

    27 October 2014
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    As you can probably guess - there is no possibility of you being able to fine a Council for this.

    I practice in government law and see people trying to do things like this very often. Some claims can be quite entertaining, so I'm not discouraging you from trying to do this (just don't get your hopes up if you do try!).

    People often neglect much easier routes for complaining about "over-zealous" traffic officers (if that's what you're complaining about). Complaining to your divisional Councillor, presenting local ratepayer petitions for consideration at Council meetings or contacting the Ombudsman (if things are really bad) are likely to be much more productive uses of your time.

    That said, if you're parking illegally then any such action will likely fall on deaf ears.

    I do note though that if you're complaining about Council's ability to restrict parking in a certain area then consideration would need to be given to the traffic legislation that applies in your area, including your local Council's by-laws. You could raise such concerns in the traffic law forum - you'd just need to provide details of the relevant "restricted parking area" and the council area in which you live.

    Hope that helps.
  3. Rod

    Rod Well-Known Member

    27 May 2014
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    Statute law overrides common law rights. If there is legislation saying they are allowed to clamp or tow your car for a given situation, that law overrides other common law rights like trespass to goods and detinue.

    Do you really think the authorities have left a major loop hole that everyone can exploit? What sometimes happens is that people will illegally remove clamps and leave it to the authorities to work out who did the removal.

    Your notice on the car will not override the breaking of any law you may be committing with the car. Otherwise we'd all be driving around with notices saying speed cameras are an illegal tax and we're not paying and we'll fine you if you try to enforce an illegal tax!

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