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NSW Parking Infringement and Annulment - What to Do?

Discussion in 'Traffic Law Forum' started by morgan carr, 24 March 2016.

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  1. morgan carr

    morgan carr Member

    24 March 2016
    Likes Received:
    In summary,

    I have a parking infringement of $185 from November issued at centennial parklands. I received the first letter but not the reminder. I was waiting for the reminder as I wanted to go to court to challenge the traffic infringement notice.

    At the time, I'd expect the reminder I received the enforcement order plus an additional $50 extra. (Let's leave the debate for excessive additional costs out of this until there's a class action).

    So now I cannot go to court.

    In response, I sought an annulment and asked for this to be referred to court. I have photographic evidence from the time clearly showing the sign was blank. (sun damaged and totally faded).

    The SDRO wrote back saying this is the remit of centennial parklands but essentially they say you're guilty. End of story. I should mention that they did say in order for annulment you have to fulfill one of the criteria. i.e. why I didn't reply sooner, for example, health reasons, etc. I have never claimed anything other than I am not guilty and the need for a fair trial.

    My question simply is, at this stage, is there any other course of action I can/should take to get this before the local court, all I want is my day in court. I will not pay $235 for a crime I did not commit. They note I have 14 days to effectively offer one of criteria they listed in the rejection of the annulment (health/misadventure) etc.

    Actually, what would the definition of misadventure be in this case?

  2. Phildo

    Phildo Well-Known Member

    1 November 2014
    Likes Received:
    Learn the difference between a privately owned carpark and one that is run by a government authority (ie council).

    "Fines" issued in privately owned carparks aren't legally enforceable.

    Have a read through:
    Private car parking fines - Consumer Action

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