QLD Traffic Infringement Notice Issued Despite No Signage?

Discussion in 'Traffic Law Forum' started by Natalie R., 15 August 2018.

  1. Natalie R.

    Natalie R. Member

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    Hello,

    We were issued a Traffic Infringement Notice for parking on Chisholm Road in Carrara a couple of weeks ago. The Infringement Notice states the offence as ‘015 - Stopping on a road or areato which a no stopping sign applies’, and the fine issued is $163. I walked up and down the length of the street on which we were parked and there are no sign indicting parking there was prohibited.

    I took photos on the night of where the vehicle was parked, and I returned at daylight the following day to double check if I had missed seeing any signage. There is no signage so I took the liberty of taking many more photos of the street for my records as I’m hesitant to pay a fine when no such offence was actually committed. I am not court room savvy and so my question is this...

    Is it a drawn out procedure, or difficult to contest the fine as a self represented party?

    Thank you.
     
  2. Rob Legat - SBPL

    LawTap Verified

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    I suggest writing to Council first and asking them to withdraw it in the basis of no signage. Check first, however, that there was no temporary restriction in place - Chisholm Road is in the vicinity of Metricon Stadium, nd there may have been ‘game day’ rules in effect. I wouldn’t suggest taking this to court, as it will likely end up costing you a lot more than $163 all things considered.
     
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  3. Natalie R.

    Natalie R. Member

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    Thank you kindly for your swift response. Before I posted my message on this site I diligently did my homework and read the Traffic Management Act, and also the Rules as well as Local Laws noting the relevant Metricon Stadium area map which is marked ‘Schedule 1H - Stadium Residential Traffic Area’. The street I was parked is not within the shaded grey area, and having not yet conducted a distance enquiry in Google maps would guestimate that I was approximately two kilometres (by road -not as a crow flys) from the shaded restricted area.

    Hmmm I suppose all I can do is print the photographic evidence I have and write to the GCCC addressing the situation and request a review of the fine issued, and hope for the best.
     
  4. Pete_B

    Pete_B Member

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    I did a Google Map search for Chisholm Rd & just fluked finding a sign indicating that part of it is within the Metricon Stadium Traffic Area (MSTA), with no standing during event days--see the attached image. This type of sign may not have been visible from where you parked--you are "expected" to know they exist :-/ [Brisbane has a similar setup with its inner city area :-( ] Note that If it wasn't an event day, or you were outside the MSTA, check that there was no yellow "no parking" line on the road--there are no explicit signs associated with this.

    As an aside, I successfully challenged a speeding fine because the zone wasn't compliant with the relevant traffic regulations.

    [​IMG]
     
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