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WA Parking Bay with No Parking Signs - Council Issued Parking Infringement?

Discussion in 'Traffic Law Forum' started by Wingnut, 10 August 2015.

  1. Wingnut

    Wingnut Active Member

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    Where we live there are parking bays on every street, with most houses having rear loading garages and laneways. Needless to say, most people park their cars in these bays and have done so for at least the last two years without any issues. Last week my daughter received a Parking Infringement Notice for exceeding time limit (24hrs). There are no parking signs of any kind on our street, or any other street in our neighboring suburbs. I have looked on the City of Swan website and I have read the City of Swan Consolidated Local Laws and there is no information that states these parking bays are time restricted.

    When I looked up the offence, it states the following:
    8.15 Stopping and Parking on Thoroughfares and Parking Stations Generally
    (2) No person shall stop a vehicle in a parking area or a parking station
    (b) contrary to any limitation in respect of
    (i) time
    indicated by a sign associated with the area or parking station

    My question is, as there are no parking signs, specifically ones that list day and time parking restrictions, can the council issue anyone with a parking infringement notice under Traffic Law? How can anyone be infringed for not obeying parking signs that don't exist, nor is there any local/state law that I could find that would indicate if there are no parking signs, then the default law is 24hrs.

    I have contacted the City of Swan regarding this and to date, no one has been able to provide me with any information regarding these parking bays, even the Community Safety Officer that issued the infringement notice could not tell me where this law is written that any parking bay on a residential street, where no signage is posted, is limited with day and time restrictions.
     
  2. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Sounds like a grab for cash. Push even harder and request it be withdrawn. If there's no signs, what do they base their case on?
     

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