So you have received a council parking fine? This page gives you some hints and options on how to dodge council parking fines. Although my website was orginally setup to answer questions about private parking fines, I continue to get a lot of questions from people about council parking fines. Hence I have created this page that deals with council parking fines. It is not as detailed as the pages on private parking fines, but it is a start for people who have no idea of their options when they receive a council parking fine.
Your first option is to seek internal review. All councils have an internal review or appeals process where you can write to the council, explain your situtation, and ask for them to withdraw the fine or change it to a warning. See austlii. It is important to realise you will not be successful in your internal review just because you cannot afford the fine. There is no means test in the internal review of council parking fines. You need to have some meaningul special circumstance as to why you think you should not be fined. For example, the parking sign was obscured in some way could be a meaningful reason. A medical emergency or vehicle breakdown could be another reason that may be accepted by internal review. It helps of you evidence or witnesses to verify that circumstances caused you to commit the parking offence. Another common reason for seeking internal review of council parking fines is faulty parking meters. Was there a number on the meter or sign nearby with a number you could call to report the faulty meter? There is also provision in the internal review process for homeless, mentally ill, or drug addicted people to have their fines withdrawn. Note that if you are intending on seeing a lawyer to fight the council parking fine in court if your internal review is unsuccessful, then it is important to see the lawyer prior to seeking the internal review, since your application for review may make your case worse.
In the City of Sydney and other parts of NSW, appeals are handled by the Office of State Revenue. Requests for review can be sent to State Debt Recovery Office, PO Box 786, Strawberry Hills, Sydney NSW 2012.
In Queensland, if the council rejects your application for internal review of a Council Parking Fines, you can then apply to the Disputes Commissioner for review. The Queensland Disputes Commissioner has the power to order the withdrawal of all Council Parking Fines if its office feels this is warranted.
In Melbourne Victoria, 2 out of 5 parking fine appeals to council succeeds. Read more ...
And in South Australia, more than a quarter of drivers who appeal against Adelaide City Council parking fines are successful, denying council coffers almost $1 million a year. Read more ...
In Brisbane, council's disputes commissioner dealt with 1960 fines in the 2011/12 financial year, 24 per cent of which were waived. Read more ...
In Sydney NSW, 20 percent of appeals are successful. Read more ...
Your second option for council parking fines is to nominate another driver. If another driver was driving your car when you received the council parking fine, then you can nominate the driver who was driving at the time. The council will withdraw the fine from your name and issue it to the driver you nominate.
Finally, if you wish, you have the right to take council parking fines to court. If the court finds in your favour, the fine will be withdrawn. However, if you lose the case, then you may have to pay court costs and the council's legal costs as well as the fine itself.
Your final option is to pay the council parking fine.
Get this free app for you smart phone that tells you when a parking inspector is on his way to your car http://www.parkpatrolapp.com/
Councils are increasing turning to technology to reduce the costs of enforcing their parking rules. It is only a matter of time before this technology becomes widespread in the private parking industry. At this stage, there are two main technologies used by councils to issue council parking fines:
1. Licence Plate Recognition Technology in a roving council vehicle.
Council officers drive a vehicle fitted with a camera and computer to monitor parking restrictions and issue parking fines with their city boundaries. The camera is affixed to the front passenger's window and the computer is secured in the rear. The vehicle is clearly marked with words such as "MOBILE PARKING PATROL" on each side. As this vehicle passes vehicles parked in restricted zones, a photograph is taken of the licence plate of these parked vehicles. The date, time and exact location of the parked vehicle is recorded by the computer. When the parking time limit for the area has expiried the LPR vehicle again patrols the same parking zone. All the vehicles parked in the zone will have their license plates photographed again. The LPR computer comparies the image from the first patrol to those on the second patrol. It will then abe able to establish through photographic evidence if a vehicle has remained in a the same parking zone for the specified period of time. Should your vehicle exceed the prescribed time limit of a restricted zone a council penalty notice may be placed directly on the vehicle by the council parking officer, or alternatively the council parking fine penalty notice may be posted to the owner of the vehicle.
2. In ground sensors
The in-ground sensors are installed beneath the ground under each parking space in a zone that the council wished to mintor. The sensor records when a vehicle moves in and out of a parking bay, and sends a message to the nearest council parking inspector when a motorist has overstayed the time limit by five minutes. The council parking inspector then attends the site and issues a council parking fine penalty notice to the relevant vehicle.
An in-ground sensor is a device that is buried underground beneath each parking space in a zone that the council wished to mintor. The sensor records when a vehicle arrives and departs from a parking bay. Once a vehicle has overstayed the permitted time limit in a parking pay, plus a grace period of five minutes, a signal is sent from the sensor in the bay to the nearest parking officer’s hand-held device. The parking officer will atted the site, check to see if a parking offence has occurred, and then afix a council parking fine penalty notice to the relevant vehicle.
Q1. Does the council parking officer need to have photos to prove the council parking fine?
A1. No, they do not need to have photos. They usually do these days, but they can proceed to court on the basis of the parking officer's sworn statement saying that he/she saw the parking offence being committed.
Q2. I didn't pay the fine on the first letter I received for a council parking fine, now the fine has gone up with admin fees - do I have to pay the increased amount?
A2. Yes you do if you were the driver. However, if you nominate another driver, the nominated driver recives a fine for the orginal amount minus the admin fees.
Q3. The council parking fine I received had an error on the description of my car. Do I have to pay this fine?
A3. No you do not have to pay it. You can either seek internal review and the council will withdraw it. However, after they withdraw it, the council will most likely re-issue it with the correct details. Or you can take it to court and the court will find in your favour. However, they council will then either re-issue the fine with the correct details, or they might even present you directly to court with the new details.
Q4. Can I get fined if just a small part (e.g. 6 inches) of my car buts into a no-standing area?
A4. Yes, you can get a council parking fine if any part of your car whatsoever buts into the no-standing area.
Q5. What's the situation with council parking fines and in-ground sensors?
A5. Councils are taking these to court, but are having trouble winning these cases when they are properly defended.
Q6. Is moving my car from one parking spot to another sufficient to restart the timer on a 2 hour parking spot?
A6. No, moving your car in itself is not sufficient. You need to move your car out of the parking zone, not just the parking spot. To do that you have to cross an intersection or go past the last sign for that parking zone and then stop in a different parking zone. If you merely park in a different spot in the same parking zone then you are still liable to receive council parking fines if you overstay the hourly limit.
Q7. I am stopped in traffic, and waiting for the traffic in front of me to move forward. I am right next to a no standing zone. Can I be fined for stopping in a no standing zone.
A7. No, you cannot be fined in that scenario, as you are not actually parked. Being stopped in traffic is the one defence there is to being in a no-standing zone.
Q8. Can I receive a parking fine for parking in and across my own drive way?
A7. Yes you can be fined in the situation. You are not allowed to park in or across any drive way, including your own. If your car is parked in the driveway entirely in the boundaries of your own private property then you cannot be fined. But if it buts out onto the footpath or you are parked on the crossover (i.e. between the nature strip and the curb), or you are parked on the curb in front of any driveway, then you can be fined. Read more here ==> driveway parking fine.