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QLD Local Council Parking Fines - To Fight or Not to Fight?

Discussion in 'Traffic Law Forum' started by MickPelican, 6 November 2014.

  1. MickPelican

    MickPelican Member

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    Hello,

    Last week I was given a parking ticket ( parking fines) for overstaying a 2 Hour max parking bay, however it had not been two hours, I was just going to move my car as I have been fined before and as I got to the car the parking inspector was there with the already taped fine to my windshield.

    I asked him why I had a ticket as it had not been two hours and he said the time I was marked was 1054am. Where in fact it was 1135am when I parked (approx). He verbally indicated several times that it was 1054 and that I was wrong and were lying.

    I opted for the local council appeal process and after several emails of no response I finally received contact to which they denied any wrong doing and that the ticket inspector was in fact correct.

    Now here is my question, is this worth pursuing in court as I do feel very wronged?

    If it is, what are my chances of success and should I spend money on a lawyer? The money is not as much an object as it is being accused of being a liar. And what is the possible outcome if I were to lose? I have several witnesses that are willingly to sign statutory declarations in my defense stating that my car was not parked on the street before 1130am.

    Any advice anyone has in Queensland parking ticket appeals under traffic law, I would really like. I know it's a trivial matter but I just feel that this was an overzealous attempt to revenue raise, and I caught him in the act.

    Regards
     
  2. MickPelican

    MickPelican Member

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    Oh I forgot to add, in addition to denying the wrong doing the councils local manager informed me that the Time of the Ticket infringement stated 11:13am - 135pm. Differing from the time of 1054am I was told in person when questioning the officer. The time my watch read after my confrontation with the officer was 130pm by my count.

    I am not sure if this is greatly relevant but if it is I hope it helps.
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Mick,

    You can fight the ticket if you have evidence showing that you entered the parking bay at 11.30 (or thereabouts) and you received the ticket within 2 hours. If you do not have evidence backing this up it would not be worth fighting in court about it. Also, ask the inspector what evidence he has to indicate that you arrived at 10.54.

    The inspector will, conversely, need to produce evidence that you arrived in the bay at 10.54 (or thereabouts). The inspector (council) bears the burden of proof so if you believe they cannot produce this proof, then you may have a chance in disputing the ticket.
     
  4. CathL

    CathL Well-Known Member

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    Hi Mick,
    I’ve had experiences where I’ve appealed and lost as well, so I can empathise with your situation!

    While I agree that it sounds like you have reasonable grounds to fight the parking fine, at the end of the day, you need to weigh up the cost of the parking ticket vs the cost of a lawyer and court lodgement costs. Is the next step the Magistrate’s Court or is there another stage in the disputes process before going to court? (E.g, like http://www.brisbane.qld.gov.au/laws-permits/complaints-fines/how-dispute-fine).

    Its likely that the time and effort of taking this to court would run into the several hundreds of dollars and so, I would take the emotion out of the decision and make a call based on cost. If you lost at court, then you may be ordered to pay the council’s fees in defending against your claim.

    Hope that helps and good luck.
     
    Sarah J likes this.

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