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QLD Received Fine from Gold Coast City Council - Apply for Leniency?

Discussion in 'Traffic Law Forum' started by SandyJ, 23 October 2015.

  1. SandyJ

    SandyJ Member

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    I received a fine from Gold Coast city council for having my car parked out the front of my address with a For Sale sign inside the car against window displaying information. I never thought I was breaking the law or needed to check council website to do this.

    My living situation is that I pay accommodation board for a room under a house to the leasing tenant upstairs who does not know this law either. I think owners of the property would know this law but they and the agent have never passed the info on to us. I do not receive mail addressed to the householder, nor did I receive advice from anyone that advertising my vehicle for sale on the side of the road is illegal.

    The ticket is itself very small and would have been overlooked and lost but a visitor to our property, while my car was parked back in my yard, spotted it and bought to my attention. It is such a big penalty $117. If I don't pay, it will go To SPER Roads and Traffic QLD.

    I have lived in Qld for 4 years and have frequently seen other vehicles for sale on the side of road. My present circumstances have put me in a unforeseen stressful financial situation. A close relative recently passed away and was intestate and broke at the time of passing, so I am selling my vehicle to pay for her funeral debt. I am grieving and feel this situation is escalating out of control financially. I was put off work in June this year and have lost 2 very close relatives within 3 months. Very emotional time for my family and I, and I can't afford this penalty for a minor oversight.

    Should I communicate my situation to the council and ask for leniency to prevent a financial hardship situation? I am worried about addressing this in court and possibly incurring court costs....

    Please help.
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Sandy,

    Online Appeal - GC Council website

    You should urgently write to the Gold Coast Council in the first instance. This can be done online via the GC Council web site.

    Explain that you had seen other people doing this, and were unaware that is was against the law.

    Whilst ignorance is no excuse, try to convince them that if you had known, you would have complied with the process.... and request they please waive the fine, due to your financial hardship.

    Qld Ombudsman - complaint

    If this is not successful, you can try to take the matter to the Qld Ombudsman service, and they will attempt to put forward your case on your behalf.

    Make a complaint

    If the above fails, pay the fine, as if the matter goes to Court, you face the potential of a costs order for much higher than the fine amount against you.

    Kind regards
     
    SandyJ likes this.
  3. SandyJ

    SandyJ Member

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    Thank you such much for the help. I will act immediately.
    Have a great day.
     

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