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NSW Parking Infringement - Car Park Signboard Said "Hot Spot Parking Only"

Discussion in 'Traffic Law Forum' started by DrDennis, 1 September 2015.

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  1. DrDennis

    DrDennis Member

    1 September 2015
    Likes Received:
    State that the parking infringement was incurred: NSW
    Issuing body: Uni Campus security
    Current Drivers Licence Details/relevant restrictions and/or history: P2
    Alleged Offence: Parking in restricted parking area
    Ticket issued? yes

    I parked in the bay of parking areas at a university car park. The signboard at the entrance of the parking bay states "Hot spot parking only" and below "fines apply". I parked there for 10 minutes to go into the university to return a library book. I came out to a security issuing my car with a parking fine. I spoke to the security officer and explained that the signboard said "Hot spot parking" and it didn't state any permit required at the entry sign. He showed me a signboard inside the parking bay that stated "Hot spot parking permit only". There are only two small signboards inside the parking bay showing these permit signboard.

    Is it legal to fine a car parking in a parking signboard at the entry of the car park stating "hot spot only" and be vague about the requiring a permit at the entry of the car park and then have small signboard inside the carpark stating that "hot spot permit only"?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi DrDennis,

    Whilst this does seem unfair, I'm not sure its illegal, and to be honest I'm not sure how you would go fighting it. There are some old car park cases which establish that a car park must provide actual notice of the terms upon entry into the car park - however this admittedly dealt with cases of paid car parking facilities where you are issued with a ticket as you enter and a contract is formed between carpark and entrant and I'm not sure it could be extended to this situation. However, you could attempt to fight it on the basis that you were not sufficiently notified of the terms of parking and therefore cannot be penalised for failing to observe them.

    Good luck!
  3. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    Ask some 4th year law students on campus!?

    Suspect you don't have a defense. Sign said hot spot parking permit only. By not knowing what hotspot parking is, it can be inferred you knew you didn't have the relevant permit. Chalk it down to experience. You took a risk, didn't pay off. Pay up.

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