NSW Fined by Council at Car Park - What to Do?

[crocodile]

My workplace fronts onto a council off street parking area. There is room for about 30 cars. When viewed from the street, 15 car parking bays are on the left and another 15 on the right. The bays on the left are timed parking for 2 hours from 9am to 6pm and those on the right have no time restriction.

I parked in the timed zone at around 9:45am, unloaded my car, made one or two calls to customers, made a cup of tea and then moved my car to the other side of the car park. Directly opposite and a total of about 10 metres away. Around 2pm I moved the car back to the timed area to reload some heavy equipment into the car ( My front door is directly outside ). Went inside to pack up my computer and shut the windows. When I returned to the car I had a ticket under the wiper saying that I had overstayed the time limit. Alleged offence between 10:14 and 14:08.

I emailed the council and explained what actually happened. Their only response was to send me a photo of a chalk mark on my tyre. I emailed them again and reiterated my position and pointed out to them that the car had only travelled a total distance of 10m and back to the same position so of course the chalk wouldn't rub off. Needless to say they were not interested and my only option was to have it heard in court.

The ticket is only $110, far smaller than the cost of taking a day off and paying the costs of any witnesses. May I ask you the following:

1. If I choose the court option, what chances do I have in recovering the cost for the day and the cost of bringing witnesses?

2. Is it normal practice for council to force the court option knowing that most people would just pay up and not bother?

3. Are there any other avenues except wasting an entire day in court?

Thanks for a great web forum by the way.

 

[Rod]

1. <10%. Though you could get lucky and catch a Magistrate on a rare good day.
2. Yep
3. Pay the fine.

 

[Rob Legat - SBPL]

Perhaps consider the position of the tyre chalk as well. Normally the tyres are marked on the top. What position was it in when they took a photo of it?

 

[crocodile]

Perhaps consider the position of the tyre chalk as well. Normally the tyres are marked on the top. What position was it in when they took a photo of it?

Thanks Rob, chalk on the top. Perfectly reasonable I think. I moved the car 10m forward into the untimed area. I moved it back 10m later to load my work equipment.

 

[Clancy]

What you have to realize is, traffic law is fundamentally different to criminal law in one key area - you are guilty unless proven innocent, that is how the system works. So anytime you are innocent but cannot prove it, that's just tough luck, pay the fine.

 

[crocodile]

What you have to realize is, traffic law is fundamentally different to criminal law in one key area - you are guilty unless proven innocent, that is how the system works. So anytime you are innocent but cannot prove it, that's just tough luck, pay the fine.

At last, a hearing date has been given as 5th April. I was very fortunate that next door's security camera has video footage of the entire day including the council officer and the times I moved the car. Just wondering if anybody knows how I obtain the brief of evidence. I tried the council but they just fobbed me off.

 

[Adam1user]

At last a hearing date has been given as 5th April. I was very fortunate that next door's security camera has video footage of the entire day including the council officer and the times I moved the car. Just wondering if anybody knows how I obtain the brief of evidence. I tried the council but they just fobbed me off.

Your situation seems tricky - if you have evidence to support your case go to court, in rare cases that the court would rule the other party to pay compensation (this is what I heard but I may be wrong).

As for the security camera, was that owned by a business or private person? I heard if it is by business, you may need a court order or other legal method (not sure of the terminology) to obtain the video footage. If private, I think you can ask directly.

I think your case is hard to prove, unless you provide the video footage, as the change of the chalk position picture may not be enough, as it could be explained that a person moved the vehicle a bit (say 10cm) and therefore the place of the chalk has changed.

In my opinion, you don't have a strong case (unless you get the video footage) and you may pay the court fees in addition to the fine.

Good luck.

 

[Rod]

What kind of hearing? (Mention, directions, contest).

If it is only a mention and you are pleading not guilty then not much will happen and you'll have time to get the brief of evidence before the next court date.

Alternatively you plead guilty and ask for a section 10 dismissal due to exceptional circumstances.

Which way you go depends on whether you get hold of the video, and whether you want to plead not guilty on principle. It is up to you.

 

[crocodile]

What kind of hearing? (Mention, directions, contest).

If it is only a mention and you are pleading not guilty then not much will happen and you'll have time to get the brief of evidence before the next court date.

Alternatively you plead guilty and ask for a section 10 dismissal due to exceptional circumstances.

Which way you go depends on whether you get hold of the video, and whether you want to plead not guilty on principle. It is up to you.

It came up for mention last Friday. I pleaded not guilty. The magistrate was OK with me bringing the video of next door's security camera. I have a hearing date set for the 5th April. I\

asked the regulatory officer at the council for the brief of evidence but they weren't very nice and fobbed me off. Since I'm not a lawyer, I don't really no what I have to do to get it. If anybody out there knows I'd appreciate a heads up.

Thanks

 

[Adam1user]

It came up for mention last Friday. I pleaded not guilty. The magistrate was OK with me bringing the video of next door's security camera. I have a hearing date set for the 5th April. I asked the regulatory officer at the council for the brief of evidence but they weren't very nice and fobbed me off. Since I'm not a lawyer, I don't really no what I have to do to get it. If anybody out there knows I'd appreciate a heads up.

Thanks

I am not a lawyer and I don't know much about the processes, limited knowledge you can say, that is about me, but if you can obtain the video, why should you care about their brief of evidence? All you have to do is prove you did not stay more than the allowed time and you moved your vehicle. They can say what they like, as long you can prove your status of not being guilty, that is it.