 |
 | Home | Contact Us | FAQ | Search & Site Map | Link to Us |
 | Sign In | Join | Other 45 Sites in Network |
Car Forum / Australian Car Forums / General Car Topics (Australian group) / April 2004Parking ticket - how to fight?
I parked at a spot which had no parking restriction at the time. However when I returned later the same day I noticed that a new parking sign (1 hour parking) has been added and worse I also got a parking ticket. I wrote to the council concerned (South Sydney) asking them to provide me a copy of the schedule when parking signs were fixed/added in that area. I was hoping that it would prove that the sign was erected while I was parking there and that they would dismiss the fine. So far I have only received a confirmation from them about receiving my letter, but I will have to chase them up for the actual info. I also wrote to the Infringement Bureau (NSW) but because my plea was rejected by them I had chosen to have the matter heard at a local court. I have already received a court attendance order and I am expected to plead either guilty or not guilty. I believe I am not guilty. Has anyone have any experience with a similar issue? Do I stand any chance of proving the fine was incorrect? What else shoud I do? Peter Yours sounds fairly clear cut if you can get the evidence. I have recently been fined for "Failing to park correctly" in a street that I have never been in. The fine turned up in the mail. Infringment bureau says the fine stands even though I requested them to explain how I had parked incorrectly when I have never been there. Cross eyed parking inspector has probably written down the wrong rego and the real 'criminal' has thrown away the original. It looks like Bob Carr gets a $68 donation as it is cheaper then fighting. There seems to be no easy arbitator in these cases. don't just write to them, elect to goto court, those pen pushers you write to are under no authority to make exemptions unless it is a blatant mistake - yours cant be proven without evidence. so goto court. > Yours sounds fairly clear cut if you can get the evidence. > [quoted text clipped - 6 lines] > it is cheaper then fighting. There seems to be no easy arbitator in these > cases. > Yours sounds fairly clear cut if you can get the evidence. > [quoted text clipped - 6 lines] > it is cheaper then fighting. There seems to be no easy arbitator in these > cases. Hmmm... hypothetical situation - I wonder what would happen if you were supposedly parked illegally, but at the same time were caught by a speed camera some distance away - I wonder if you could use one as evidence to disprove the other. Of course it would still cost you money to fight it. personally in that situation I'd pay the parking fine (admission of guilt), then use that to disprove the speed camera. "I know it looks like my car in the photo, but your own documentation says my car was parked elsewhere at the time" > Yours sounds fairly clear cut if you can get the evidence. > [quoted text clipped - 6 lines] > it is cheaper then fighting. There seems to be no easy arbitator in these > cases. Don't they have to write the make/model of the car on the ticket? If you can demonstrate you were elsewhere at the time..... KK "Kasper Kowalski" <kasperdotkowalski@adelaide.edu.au> wrote in message > Don't they have to write the make/model of the car on the ticket? If you can > demonstrate you were elsewhere at the time..... Registration number is all that's required, and in some cases you don't even have to receive a ticket on the day. For example, Stonington (here in Melbourne) has voluntary donation officers driving around in cars taking down offending vehicle numbers, and the owners get the ticket in the mail.... c.nts. The best way out of this situation is to present the council with a stat dec (which is a legal document), whereby the signatory swears that the person and their vehicle were at another location at the time of the offence. If they *also* state that they're prepared to repeat that in court, the council will most likely drop the fine. Regards, Noddy. > The best way out of this situation is to present the council with a stat dec > (which is a legal document), whereby the signatory swears that the person > and their vehicle were at another location at the time of the offence. > > If they *also* state that they're prepared to repeat that in court, the > council will most likely drop the fine. A Stat Dec is not a sworn document. It is more of a formal statement. A sworn document is an affadavit. An affadavit must be sworn on the bible or other religious book, depending on your belief, or affirmed. I'm not saying it applies to the original poster, however when you make an affadavit, if you know it to be incorrect, you actually commit perjury with whatever penalty applies in your state. The same does not necessarily apply to Stat Dec's, although making a false Stat Dec can still get you into some trouble. "Graeme Willox" <graemewillox@tpg.com.au> wrote in message > A Stat Dec is not a sworn document. It is more of a formal statement. > A sworn document is an affadavit. An affadavit must be sworn on the [quoted text clipped - 4 lines] > necessarily apply to Stat Dec's, although making a false Stat Dec can > still get you into some trouble. The only real difference betweent the two is that one is sworn in court (or for use in court), while the other is a declaration made in the presence of a legally acceptable witness who is *supposed* to be a person of high standing in the community, for the purposes of satisfying a legal requirement. One carries just as much weight as the other in most cases, and while you don't have to "swear" when making a stat dec, you are just as legally bound by it if it's entered into evidence... Regards, Noddy. > "Kasper Kowalski" <kasperdotkowalski@adelaide.edu.au> wrote in message > [quoted text clipped - 7 lines] > down offending vehicle numbers, and the owners get the ticket in the > mail.... The police have to nominate what kind of car it was in addition to the colour. This info is contained on the Part A which is accessible to you if you want to see it (FOI). > c.nts. > [quoted text clipped - 7 lines] > Regards, > Noddy. > > Yours sounds fairly clear cut if you can get the evidence. > > [quoted text clipped - 11 lines] > Don't they have to write the make/model of the car on the ticket? If you can > demonstrate you were elsewhere at the time..... I got out of a similar parking ticket by proving that I was 20 klms away at time the ticket was issued. May not be so easy if you don't have documented proof that it wasn't you. Daryl > > > Yours sounds fairly clear cut if you can get the evidence. > > > [quoted text clipped - 16 lines] > May not be so easy if you don't have documented proof that it wasn't > you. That defence wouldn't work with any parking ticket I give out. I take digital photographs of all the vehicles reported. >>I got out of a similar parking ticket by proving that I was 20 klms away >>at time the ticket was issued. >>May not be so easy if you don't have documented proof that it wasn't >>you. > That defence wouldn't work with any parking ticket I give out. I take > digital photographs of all the vehicles reported. By the same token, hopefully with a photograph to back you up, you wouldn't get the wrong plate number in the first place. And if you did, the photograph would confirm you've got the wrong car. > >>I got out of a similar parking ticket by proving that I was 20 klms away > >>at time the ticket was issued. [quoted text clipped - 7 lines] > wouldn't get the wrong plate number in the first place. And if you did, > the photograph would confirm you've got the wrong car. I wouldn't get the wrong number plate in the first place but I can see what you mean for lesser human beings. >>>That defence wouldn't work with any parking ticket I give out. I take >>>digital photographs of all the vehicles reported. >>By the same token, hopefully with a photograph to back you up, you >>wouldn't get the wrong plate number in the first place. And if you did, >>the photograph would confirm you've got the wrong car. > I wouldn't get the wrong number plate in the first place but I can see what > you mean for lesser human beings. Not a trace of self doubt here eh! > >>>That defence wouldn't work with any parking ticket I give out. I take > >>>digital photographs of all the vehicles reported. [quoted text clipped - 7 lines] > > Not a trace of self doubt here eh! Not a sausage. [snip] >I wouldn't get the wrong number plate in the first place but I can see what >you mean for lesser human beings. Oh Great One, please excuse we huddled masses for not being perfect as thou art. ;-) Please also post the URL to the video showing you putting on your trousers both legs at once - ahhhh, on second thoughts, don't ;-))) Neil --- Neil Fisher / Bob Young Thundercords personal opinion unless otherwise noted. Looking for spark plug leads? Check out http://www.magnecor.com.au <| Neil Fisher |> did write on 30Apr2004 at 7:58:41 AM > Oh Great One, please excuse we huddled masses for not being perfect as > thou art. ;-) Please also post the URL to the video showing you > putting on your trousers both legs at once - ahhhh, on second > thoughts, don't ;-))) > > Neil Nah, surely the hair shirt presentation is the better one.  SignatureToby quidquid latine dictum sit, altum viditur Warning: All posts to be treated with a grain of salt. By Order K.K. |
Reply to this Message |
 Sign In
 Join
 My Latest Posts My Monitored Threads My Blog My Photo Gallery My Profile My Homepage Start New Thread Enable EMail Alerts Rate this Thread
|
©2009 Advenet LLC Privacy Policy - Terms of Use
This website includes both content owned or controlled by Advenet as well as content owned or controlled by third parties.