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NSW Traffic Law - Disputing Parking Fines?

Discussion in 'Traffic Law Forum' started by Derrick, 13 October 2015.

  1. Derrick

    Derrick Member

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    Hi all,

    First time poster so please forgive me if I make any mistakes.

    My partner recently received a parking fine in a residential street near her workplace. The offence was that she "parked/obstructed a driveway". She didn't notice the little fine on her windshield until the next day so unfortunately she could not take any photos. I asked her if she was sure that she didn't commit any offence and she said that she did not. I am giving her the benefit of the doubt so I wanted to dispute this for her.

    We tried disputing the fine with the local council but they won't show us the photos without charging a fee. Naturally, I felt like this was unfair as they are expecting people to obediently pay any fines they charge. If you try to dispute, they charge you as well.

    We chose to take this matter to traffic law court and have now received a letter advising the date. Unfortunately the date coincides with a planned holiday so we will need to delay the hearing. The letter also advises us to seek legal aid so hence this post. I was wondering if anyone has any experience in this matter, and could share any information with us. If you think this will ultimately result in us being fined then I guess we will have to suck in our pride and just pay it without wasting anymore of our time and stress about it.

    Thanks in advance for any comments. Cheers
     
  2. Therese

    Therese Well-Known Member

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    Hi Derrick,

    My understanding is that to Obstruct a Driveway requires parking within a certain distance of it. My suggestion would be to research your local council rules and find out how far you needed to park from the driveway not to obstruct it. Once you have found this, perhaps measure it on a driveway and see if your partner believes she broke the rule.

    If it appears you have a case, maybe you should pursue the matter at the traffic law court.

    You could get legal advice from a traffic lawyer if you really want to take things further: Get Connected with the Right Lawyer for You
     
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  3. Derrick

    Derrick Member

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    Thank you for your response Therese, I will look into the council's rules. Cheers
     
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