NSW Ticket Parking: potentially massive number of invalid fines

Discussion in 'Traffic Law Forum' started by peterkins, 24 June 2018.

  1. peterkins

    peterkins Member

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    Hi All,

    I have what seemed to be a straightforward issue. Inner West Council, and many others, have ticket parking areas that also have a 15 or 30 minute free period, after which paid parking is required.

    The relevant legislation is 207-3

    I was issued a fine for 207-3(1) "Park without current ticket displayed".

    HOWEVER, subrule 6 of the same 207-3 rule is:


    I was only parked for 5-10 minutes, definitely not exceeding the no-fee period, but I failed to obtain the "free ticket" from the machine in time.

    So am I missing something here? The ticket machines do say that "free ticket must be obtained", but there seems to be no legislation to support this; indeed the subrule 207-3(6) unambiguously states that the rule is not contravened.

    I requested a review from Revenue NSW, pointing out the above information. But they rejected it, ignoring the legislation I pointed out:
    I suspect that Revenue NSW will have issued tens of thousands of such fines, but I just can't see how they are legal; can they just add new conditions on the machines and signs, or does the subrule 207-3(6) apply here?

    Thanks for any advice or experience....
     
  2. Rob Legat - SBPL

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  3. Clancy

    Clancy Well-Known Member

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    Does that mean street sign can supersede legislation? You would think they would update the legislation accordingly? Or did they already?
     
  4. Rob Legat - SBPL

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    Odds are there is some provision somewhere that covers the situation.
     
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  5. Clancy

    Clancy Well-Known Member

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    Ok, then would they would have to specify that provision on the ticket? Or at least in the rejection letter?
     
  6. Nonfiction

    Nonfiction Well-Known Member

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    As I understand/read it, 207-3(6)(b) relates only to an exception (from receiving a fine) if the driver does not park in the bay for longer than the “free parking” period allows...i.e. it says nothing about there being any exemptions to actually having to display a valid ticket, if signage states...whether it be a free parking ticket or a paid one?

    207-3(1) indicates a ticket must be displayed, 207-3(3) provides a “grace” period before a ticket needs to be displayed, 207-3(6) ensures a fine is not issued erroneously (if a vehicle is not parked for a period exceeding that of any “grace period” per the signage (if any).

    Having said that...here’s a couple of interesting news article...

    Parking Fine Error
    Parking Fines are about to get cheaper for NSW drivers
     
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  7. Rob Legat - SBPL

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    @Nonfiction : Not quite. 207-3 is a parking 'rule'. 207-3(1) states you can't park unless a current parking ticket is displayed. 207-3(6) provides:

    "A driver who parks in a ticket parking area does not contravene this rule if: ... (b) the driver parks for a period not exceeding the period (if any) for which no fee is payable for parking in the area..."

    The rule is about the requirement to display a parking ticket. Subsection (6) says that the rule is not contravened in certain cases. Therefore it is an exemption from having to display a parking ticket.
     
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  8. Rob Legat - SBPL

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    @Clancy : Probably. But how many times do they just plain get it wrong? Part of the reason why 'minor' errors on tickets don't invalidate them.
     
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  9. peterkins

    peterkins Member

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    Thanks all. In my opinion, 207-3(6)(b) is clear that parking less than the free period "does not contravene this rule". Which means the whole 207-3 rule, so subrule 207-3(1) can't apply.

    My only option now is to take it to court, which I am very tempted to do. But a judgement on this would invalidate hundreds of thousands in fines, so I suspect Revenue would fight it hard. A class action, perhaps?
     
  10. Nonfiction

    Nonfiction Well-Known Member

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    I understand what you are saying but the rule says not exceeding (“if any”) ...”any” can easily be open to interpretation...if signage states otherwise and is clear.

    On principle I would say go for it...but could end up costing you more than the fine itself
     
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