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Car Forum / Australian Car Forums / General Car Topics (Australian group) / May 2008

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Parking fines ...

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the_dawggie - 19 May 2008 05:27 GMT
Just about anyone can issue them legally. Just noticed
a notice in my apartment block on the notice board that
even a strata manager can.
George W. Frost - 19 May 2008 08:06 GMT
> Just about anyone can issue them legally. Just noticed
> a notice in my apartment block on the notice board that
> even a strata manager can.

Sounds like a bluff, probably issued by an owner of a unit who has had their
parking impeded,
They can only issue a notice of parking misuse to the owner of the unit who
misuses the parking guide lines,
then if that fails, I believe it has to go to an owners meeting to resolve,
If that fails, then the agent can take the owner of the unit to court for a
small amount
most courts would find that it would be too trivial a matter to proceed any
further and would advise mediation out of court
the_dawggie - 19 May 2008 08:52 GMT
> > Just about anyone can issue them legally. Just noticed
> > a notice in my apartment block on the notice board that
[quoted text clipped - 9 lines]
> most courts would find that it would be too trivial a matter to proceed any
> further and would advise mediation out of court

Nope. It will be issued. Same with security gaurds in
a work carpark.
Noddy - 19 May 2008 09:11 GMT
"the_dawggie" <the_dawggie@hotmail.com> wrote in message
news:51b58b9f-06a5-43f4-affb-

> Nope. It will be issued. Same with security gaurds in
> a work carpark.

Cool.

Let them issue all the tickets they like and wipe your arse on them. They'll
have to sue you to get any money *if* they have the legal right to do that
in the first place.

--
Regards,
Noddy.
the_dawggie - 19 May 2008 09:24 GMT
> "the_dawggie" <the_dawg...@hotmail.com> wrote in message
>
[quoted text clipped - 8 lines]
> have to sue you to get any money *if* they have the legal right to do that
> in the first place.

They are the real deal. State recovery folk will issue
you you with a "sorry" if they are pinheads - however
it's work for folk who need work I guess.
George W. Frost - 19 May 2008 10:18 GMT
>> "the_dawggie" <the_dawg...@hotmail.com> wrote in message
>>
[quoted text clipped - 14 lines]
> you you with a "sorry" if they are pinheads - however
> it's work for folk who need work I guess.

Wasn't there an article on TV a while ago about parking on private land and
the owners wheel clamping?
and wasn't it found that it was illegal for them to clamp the wheels?

If that be the cfase, then it would be illegal also to issue parking
infringment fine notices
mathewm@sNOSPAMdf.lonestar.org - 19 May 2008 13:31 GMT
> Wasn't there an article on TV a while ago about parking on private land and
> the owners wheel clamping?
> and wasn't it found that it was illegal for them to clamp the wheels?

It's been illegal in NSW for years.

Having a mate show up with a petrol grinder would probably be a good
incentive for whoever put the clamps on a vehicle to take them off anyway :P
Atheist Chaplain - 19 May 2008 14:36 GMT
>> Wasn't there an article on TV a while ago about parking on private land
>> and the owners wheel clamping?
[quoted text clipped - 5 lines]
> incentive for whoever put the clamps on a vehicle to take them off anyway
> :P

A mate is a Locksmith and he was at a nice restaurant in Sydney, in the
"Customer Only" car park and was clamped, he went back inside to the
restaurant and told them that they had clamped the wrong vehicle as he WAS a
paying customer, they rang the "Contractor" who did the clamping and he said
he would still charge them $50 to remove it, so he did what any locksmith in
his work vehicle would do, he pulled out his trusty petrol Stihl angle
grinder and cut the thing up into tiny pieces and took it back to the
restaurant and told them to give this back to the clamper when he returns,
hopped in his car and drove away :-)
to this day he has heard nothing else from this incident.

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God made me an atheist. Who are you to question his wisdom?

Atheist Chaplain - 19 May 2008 10:21 GMT
>> "the_dawggie" <the_dawg...@hotmail.com> wrote in message
>>
[quoted text clipped - 14 lines]
> you you with a "sorry" if they are pinheads - however
> it's work for folk who need work I guess.

the point you seem to be missing in all this dawggie is that they have no
STATUTORY power to issue a parking fine that is LEGALLY binding. they can
issue fines until the cows come home, but unless they want to take you to
court to collect, and if its a trivial amount, the return my not be worth
the effort.
the best they can do is issue a notice of breach of some building regulation
but if you want to fight it in court, you might find they have SFA power to
enforce it.
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God made me an atheist. Who are you to question his wisdom?

the_dawggie - 19 May 2008 13:04 GMT
> >> "the_dawggie" <the_dawg...@hotmail.com> wrote in message
>
[quoted text clipped - 23 lines]
> but if you want to fight it in court, you might find they have SFA power to
> enforce it.

At work I was once issued the real deal by a security guard,
had the serial number on it and state debt recovery folk
knew all about it.
atec77 - 19 May 2008 13:31 GMT
>>>> "the_dawggie" <the_dawg...@hotmail.com> wrote in message
>>>> news:51b58b9f-06a5-43f4-affb-
[quoted text clipped - 21 lines]
> had the serial number on it and state debt recovery folk
> knew all about it.
Thats because it was crown land being a uni , on private property they
have sfa authority
Athol - 20 May 2008 02:44 GMT
> At work I was once issued the real deal by a security guard,
> had the serial number on it and state debt recovery folk
> knew all about it.

I remember that, not long before my father stopped working there, the
University of Newcastle signed some form of agreement with OSR such
that their parking officers did a training course and were then able
to issue official RTA type parking infringements for vehicles parked
within the university grounds.  I think that there was a side-effect
of making the roads within the grounds "public roads" for the purpose
of traffic law, allowing police to patrol and issue TINs within the
grounds.

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Athol
<http://cust.idl.com.au/athol>   Linux Registered User # 254000
I'm a Libran Engineer. I don't argue, I discuss.

the_dawggie - 20 May 2008 03:16 GMT
> > At work I was once issued the real deal by a security guard,
> > had the serial number on it and state debt recovery folk
[quoted text clipped - 8 lines]
> of traffic law, allowing police to patrol and issue TINs within the
> grounds.

It was only recent here in the last few years. They used to
have their own fine system and refusal of entry. I got busted
for parking with an expired permit. It didn't bother me and
I knew my permit was expired so I paid it. There was another
incident where the students used up the staff parking areas
as well as the shared area so I parked in a reserved space.
I gave them a serving over that as the gatekeeper went to
sleep or for a coffee break and didn't put out a "casual
paid parking closed" sign. I expect they got a lot of complaints
on that one.
the_dawggie - 20 May 2008 03:07 GMT
> > "the_dawggie" <the_dawg...@hotmail.com> wrote in message
>
[quoted text clipped - 31 lines]
> had the serial number on it and state debt recovery folk
> knew all about it.

And I'll add to that, if you go talk to the security office,
they will tell you to GAGF or at best to state recovery
folk. Same with council rangers.
Atheist Chaplain - 20 May 2008 03:29 GMT
>> > "the_dawggie" <the_dawg...@hotmail.com> wrote in message
>>
[quoted text clipped - 42 lines]
> they will tell you to GAGF or at best to state recovery
> folk. Same with council rangers.

and I will add to that, if you shove a court summons up their nose and then
tell them to GAGF I'm sure the back-pedalling would generate smoke.
I have taken our local Council Rangers on before, they are bound by the same
laws as the rest of us.
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"Calling Atheism a religion is like calling bald a hair color."
Don Hirschberg

Atheist Chaplain - 20 May 2008 03:26 GMT
>> >> "the_dawggie" <the_dawg...@hotmail.com> wrote in message
>>
[quoted text clipped - 29 lines]
> had the serial number on it and state debt recovery folk
> knew all about it.

but you don't work from home, so my point still stands. I would be willing
to bet that your building manager has no statutory power to issue a valid
parking infringement notice that involves the collection of a fine base
penalty, regardless of what your body corporate says. They prey on the fact
that most people will take the easy option of paying instead of taking the
matter further.

Signature

"Calling Atheism a religion is like calling bald a hair color."
Don Hirschberg

Noddy - 20 May 2008 05:02 GMT
> but you don't work from home, so my point still stands. I would be willing
> to bet that your building manager has no statutory power to issue a valid
> parking infringement notice that involves the collection of a fine base
> penalty, regardless of what your body corporate says. They prey on the
> fact that most people will take the easy option of paying instead of
> taking the matter further.

Spot on.

--
Regards,
Noddy.
Casper - 19 May 2008 08:47 GMT
> Just about anyone can issue them legally. Just noticed
> a notice in my apartment block on the notice board that
> even a strata manager can.

Issue away - but how do they ensure payment?

Guy I know works at brisbane hospital - issued $250 parking fine by security
staff - auto deducted from salary over X weeks.
Noddy - 19 May 2008 09:09 GMT
> Issue away - but how do they ensure payment?

Yep. Big flaw in their plan.

--
Regards,
Noddy.
George W. Frost - 19 May 2008 10:23 GMT
>> Just about anyone can issue them legally. Just noticed
>> a notice in my apartment block on the notice board that
[quoted text clipped - 4 lines]
> Guy I know works at brisbane hospital - issued $250 parking fine by
> security staff - auto deducted from salary over X weeks.

The parking rules would have been issued to him for employees parking on
hospital grounds when he started,
parking on hospital grounds is usually reserved for surgeons and some
patients.
You didn't explain what your friends job is at the hospital, other than
"works at the hospital"
Is he a cleaner , a nurse , a canteen attendant, a pen pusher or a surgeon?
Casper - 19 May 2008 11:31 GMT
>>> Just about anyone can issue them legally. Just noticed
>>> a notice in my apartment block on the notice board that
[quoted text clipped - 7 lines]
> The parking rules would have been issued to him for employees parking on
> hospital grounds when he started,

no doubt - he just thought it was fluff and bluster.

> parking on hospital grounds is usually reserved for surgeons and some
> patients.
> You didn't explain what your friends job is at the hospital, other than
> "works at the hospital"

didn't think anyone would be interested ;-)

> Is he a cleaner , a nurse , a canteen attendant, a pen pusher or a
> surgeon?

isn't it ironic, as in so many areas of life - those who can most afford to
pay, don't have to.  Surgeons/Consultants get the best spots at no charge -
this includes access to these spots for personal use (ie to attend sporting
or other events).  The balance of power is easy to understand of course.
George W. Frost - 19 May 2008 13:23 GMT
>>>> Just about anyone can issue them legally. Just noticed
>>>> a notice in my apartment block on the notice board that
[quoted text clipped - 16 lines]
>
> didn't think anyone would be interested ;-)

It would have explained things clearer

>> Is he a cleaner , a nurse , a canteen attendant, a pen pusher or a
>> surgeon?
[quoted text clipped - 4 lines]
> attend sporting or other events).  The balance of power is easy to
> understand of course.

Not necessarily, the parking spots reserved for surgeons has got nothing to
do at all with how much money they make, it all has to do with availibility
of a car park close as possible to the hospital when they get called out at
all hours of the day or night, so they can get there as soon as possible
without any delay.
If you were on the operating table waiting for the surgeon to show up and
were told that he couldn't get there because he cant find a parking spot ??

But they usually get the close free parking spots because they donate their
services to that corporation or hospital, or sporting club or whatever, in
return for the parking spot, meals, whatever.
 
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