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....
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".
A driver must not park in a ticket parking area unless a current parking ticket is displayed
HOWEVER, subrule 6 of the same 207-3 rule is:
(6) 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
...
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:
To use the free parking time at the location where the offence occurred, you must obtain a ticket from the machine using the free parking button. These machines dispense tickets free of charge and their purpose is to identify the length of time the vehicle has been parked in the zone. A ticket must be obtained and clearly displayed in the vehicle.
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....