NSW Parking Fines - Council Officer Entering Private Property?

[sjr165]

I recently received a parking fines from a council parking officer for having the back of my car protruding onto the footpath by 400 mm or so when the car was parked in front of our garage, in our driveway. The footpath was not blocked.

The infringement notice was issued at 9.40pm. The council officer went onto our property to place the infringement notice under the windscreen wiper. I was told that he is not allowed to go onto private property. Is this correct?

 

[Rod]

Possibly. You will need to check your local by-laws to see what rights of entry the council may have assigned to parking officers.

Keep in mind that a magistrate may just conveniently ignore the fact the officer was trespassing and order the fine to be paid anyway. Your leverage might to tell the council if you withdraw the fine, you won't pursue a trespass action against both the council and the officer concerned.

Otherwise, assuming the car was protruding from your property, accept you did wrong, pay the fine and move on with life. Note the definition of footpath might include the tiny bit of land between your boundary and where the concrete/bitumen actually begins.

 

[Tim W]

I was told that he is not allowed to go onto private property.

Says who?