I parked in a 2P Metered zone where the meter was faulty (completely out of order) - the meter was immediately adjacent to my car/parking space. I did make some effort to render it functional (I have photos and video of the meter showing that is in some kind of "back end" mode and not functional). The GCCC website where you lodge your appeal under "GROUNDS FOR REQUEST" (for appeal) includes 'Faulty Parking Meter' in the dropdown menu; by their own admission, it appears this is suitable grounds to appeal. My appeal was rejected based on "medical grounds - no emergency" (I had briefly noted in my appeal that I was parking to attend a medical APPOINTMENT), however, the grounds for my appeal were purely based on the fact that the meter was faulty, which was clearly stated and evidenced in my appeal with relevant photographs etc. Part of the response I received reads:
"Council reviews parking infringements based on medical grounds, however these requests are only considered if they relate to a medical emergency and not a scheduled appointment. Council’s officer advises that the area is clearly signed “2P METER”, indicating two hours maximum paid parking. Council advises that if a machine is not operational at the time, an alternative machine must be utilised when parking in a paid parking area."
My appeal is denied on medical grounds (which I wasn't and am not claiming), but then I am also directed to use an alternative meter when another is not functioning. On the one hand they're denying my appeal based on the grounds that the meter was faulty whilst instructing me to use another meter in place of the faulty one I am appealing in the first place.... 🧐
I queried the second paragraph in this statement regarding use of an alternative meter and asked where it is stated either on the meter (or signage); I was informed it is on neither and that it is assumed I should "know" to do this (I did not) - I actually did and have always thought that each machine operated within a certain zone and contained a certain number of parking spaces within that zone. When I asked how many streets, blocks - 1,2, 5 - it would be considered reasonable for someone to walk (say for example, all surrounding meters were non-operational) and was unable to get a satisfactory answer. I have no history of infringement notices (unpaid or otherwise); if anything, I have numerous c/c debits showing both GCCC and Brisband City Council street parking fees.
I've been told I can't appeal again:
"The City’s PIN Review Policy prescribes that a further review of this matter will not be considered. Please note that parking infringement matters are not within the scope of the City’s Complaint (Administrative Actions) Policy. Should you wish to pursue this matter further, you can put your request in writing electing to have the matter heard before a Magistrates Court. If you do, we would advise you to seek legal advice beforehand. If the offence is proved in Court you may face more cost than by paying the infringement notice penalty now. Also, if a date is set for a hearing and you don’t attend, the case
may go ahead without you."
I think it's ridiculous that I have zero right of response to the denial of my appeal aside from electing to have the matter heard in court - which I am seriously considering. Would appreciate any insight/advice. Many thanks in advance.
"Council reviews parking infringements based on medical grounds, however these requests are only considered if they relate to a medical emergency and not a scheduled appointment. Council’s officer advises that the area is clearly signed “2P METER”, indicating two hours maximum paid parking. Council advises that if a machine is not operational at the time, an alternative machine must be utilised when parking in a paid parking area."
My appeal is denied on medical grounds (which I wasn't and am not claiming), but then I am also directed to use an alternative meter when another is not functioning. On the one hand they're denying my appeal based on the grounds that the meter was faulty whilst instructing me to use another meter in place of the faulty one I am appealing in the first place.... 🧐
I queried the second paragraph in this statement regarding use of an alternative meter and asked where it is stated either on the meter (or signage); I was informed it is on neither and that it is assumed I should "know" to do this (I did not) - I actually did and have always thought that each machine operated within a certain zone and contained a certain number of parking spaces within that zone. When I asked how many streets, blocks - 1,2, 5 - it would be considered reasonable for someone to walk (say for example, all surrounding meters were non-operational) and was unable to get a satisfactory answer. I have no history of infringement notices (unpaid or otherwise); if anything, I have numerous c/c debits showing both GCCC and Brisband City Council street parking fees.
I've been told I can't appeal again:
"The City’s PIN Review Policy prescribes that a further review of this matter will not be considered. Please note that parking infringement matters are not within the scope of the City’s Complaint (Administrative Actions) Policy. Should you wish to pursue this matter further, you can put your request in writing electing to have the matter heard before a Magistrates Court. If you do, we would advise you to seek legal advice beforehand. If the offence is proved in Court you may face more cost than by paying the infringement notice penalty now. Also, if a date is set for a hearing and you don’t attend, the case
may go ahead without you."
I think it's ridiculous that I have zero right of response to the denial of my appeal aside from electing to have the matter heard in court - which I am seriously considering. Would appreciate any insight/advice. Many thanks in advance.
