NSW No stopping parking fine - Case for wrongly issued fine?

[Lucaslly97]

Context:
I was issued a fine for stopping in the no-stopping zone which I was unaware of.

Bullet points (which I believe is my defence), thanks for any advice in advance:

• Photo evidence provided cannot show the licence plate at all or confidently show any detail of the car apart from the car being the same colour as mine.
• Photo evidence is too far away to show the car is indeed stopped in the no-stopping zone. Both photos are taken in the same minute (no second timestamp). So solid evidence of time is not distinguished between the 2 photos.
• I might be doing a U-Turn and took longer than the ranger's subjective opinion? The road is a dead end, so to leave the area, you will need to do a U-Turn.
• The car might be broken down or driver might be investigating/suspecting something wrong with the car and stopped to investigate. I cannot remember (or I might not even be driving the car) because the ranger never came into contact and had been taking a photo from so far away. So apart from the time stamp (which is only accurate to the minute), many things could have happened. I.e. It does not take >1 min to switch drivers (can't nominate someone even if I know others can be driving my car that day) and we can't tell exactly where the car is (no front view of the vehicle to triangulate precise location).
• Since time wasn't illustrated here, the car could also be moving hence no offence.
• The endpoint for the previous 2 points is that the photo taken is so far away (~25m) and I have not been communicated by the ranger + no printed notice on the car on that day, so I argue that the ranger couldn't even accurately witness if my car is actually the car in question.
• Photos are unable to capture traffic conditions that stop a safe U-turn maneuver from happening immediately or without stopping.

I am going to see if I can get a better-quality photo and come back here to upload them.

 

[Tim W]

I am going to see if I can get a better-quality photo and come back here to upload them.

No, don't do that.

If you still have time, either court elect the notice, and
risk a conviction, a fine, and costs, or,
pay the fine, have it all be over, and move on with your life.

 

[Lucaslly97]

No, don't do that.

If you still have time, either court elect the notice, and
risk a conviction, a fine, and costs, or,
pay the fine, have it all be over, and move on with your life.

Hi Tim,

Thank you for your time. I am planning to request a review and probably not bring it to court.
At least I will try and know I've tried, but I believe I did not stop unreasonably in the no-stopping zone.
I am just waiting to make a U-Turn if I remember correctly, but this level of detail from their evidence is driving me nuts.
They told me they are not obligated to provide evidence to convict me but doesn't this mean that whoever they got on their ticketing phone will be 100% assumed to have breached the law with no room for human error as an explanation?

 

[Tim W]

Understand that neither your ignorance about what the traffic signage was
nor your mere belief, however firmly held, are evidence.

Your only option - and only in court - is to raise reasonable doubt that the vehicle was not stopped - that is, somehow in motion - at the moment the pic was taken.
What evidence do you have of that?

 

[Lucaslly97]

Hi Tim,

Not aiming to be argumentative but wouldn't you agree then that this is like guilty until proven innocent? This way they don't require proof to incriminate me. They (Revenue NSW) even told me that they don't need photos; just their word will suffice.

What can stop them from randomly ticketing people to fill a quota or relieve their stress because they got cussed out earlier?

What would you do if you were a defence lawyer for this case? Does social standing add credibility to "opinions and beliefs" in court if it was my word against theirs?

Thank you so much for your time. Even if I don't win this case, the law involved still always interests me.

 

[Tim W]

...wouldn't you agree then that this is like guilty until proven innocent?

No.
Remember, you expressly have the option to have the matter dealt with by a court.
It is in court where the presumption of innocence and the criminal burden of proof operate.

This way they don't require proof to incriminate me. They (Revenue NSW) even told me that they don't need photos; just their word will suffice.

Perhaps you misunderstand.
They (constable, ranger, Parking Officer, etc) need a reasonable suspicion that the offence took place. Once that exists (as it seems to exist here), they have a basis to issue the infringement.
Think of the Infringement Notice as an allegation. You expressly have the option to defend it in court. Or, you can pay the fine and have it all be done with.

What would you do if you were a defence lawyer for this case?

I could well say something like what I said above.

Does social standing add credibility to "opinions and beliefs" in court if it was my word against theirs?

No

 

[Lucaslly97]

Thank you for your time, Tim.

Just re:

Your only option - and only in court - is to raise reasonable doubt that the vehicle was not stopped - that is, somehow in motion - at the moment the pic was taken.
What evidence do you have of that?

The only evidence they have is two photos, I don't know why but I feel like you'd need a video to show a car that is not moving i.e. any image in the photo will be stationary (excluding blurred images as proof of something moving really fast) regardless if it is moving or not.
If these photos aren't what the court will use as proof, then the only evidence left is the ranger's word. Why is it that we need to try and raise reasonable doubt my vehicle was not stopped? The ranger should raise evidence (something other than the photos) to back up his words.

I do understand that if the above is the reality, then rangers wouldn't ever be able to fine people because they never take videos. However, there seems to be something that I don't know, perhaps the court always takes their word as fact? and I can only challenge these things with a medical emergency or my vehicle is broken down?