Fine Result

Here's the scene four weeks ago when I parked my cab at the rear of the Star City taxi rank to attend a nearby family wedding.

This is a deserted cab rank early on Sunday evenings, only fully active after 11pm when Sydney Airport closes. Unfortunately though I was issued with a $150 parking penalty.

Initially I took the view that yes, technically I’d breached traffic regulations by parking on a taxi rank. As such I considered any appeal useless and was prepared to cop it sweet.

However after a rousing comment from reader Smith, I gave the matter further thought and decided to give it a shot. I lodged a detailed written appeal to the issuing authority, Ministry of Transport supported with documents substantiating my explanation, summarised thus,

In trying to honour both my regular Sunday work commitment and the family obligation, I chose to use the Casino rank for security and to minimise losing further time in starting work.

As no inconvenience was caused plus my explanation was evidently reasonable, both the Transport Ministry and State Debt Recovery Office have notified me the fine has been waived. Curiously though, one offered apologies for any inconvenience caused whilst the other issued a stern warning regarding future transgressions of the law.

No matter, what the exercise demonstrates is that fair consideration is available to those deemed to have breached traffic regulations. Importantly there is flexibility in the system to treat each case on its merits. And needless to say, if you feel a penalty is unwarranted, it’s much safer to appeal with the truth than to rely on the Einfeld Defence.

Comments

[Ian]

Goodonya; I reckon yer pretty tinny though.... wouldn't buy any Lotto tickets for a while :-)

[Walter]

I don't think such a defense would work here in the States, but hey, good for you, you beat the rap!

[Lee]

Good on you, Adrian. Fair outcome. Glad to see good sense won out in the end!

[Anthony]

A couple of years back I got a speeding ticket in country Victoria. I wrote a letter to Vic Police asking them to consider waiving the fine on the basis of a) my otherwise clean driving record and b) the unlikelyhood I will visit that town again, the deterent value of the fine so diminished. It worked - the breach was reduced to a caution. It also helped that I was less than 15kph over the limit.

[PQ]

Well, colour me amazed! A couple of half hearted attempts to get off traffic infringements on my part in the past have resulted in muffled laughter and stern letters from the "authorities".

You should email Bernie Slattery and get him to give you a a good four legged investment opportunity while the good luck is holding!

[peter]

Good luck to you Adrian. I was wrong advising you not to waste time fighting it, amazing. Out of interest the week after I sent my comment I got another ticket this time in the back lane at 8am, (no parking sign). I had unloaded material, went in to see the lads and then back out to go to the parking building. I was not blocking traffic. They were still writing the ticket. I should have fought it. Well done. The owner of the business behind got three in one day for parking across his own drive.

[adrian]

Peter, sounds patently unfair. From what you've described here and earlier, it would be worth taking the time to lodge in writing a detailed and compelling appeal. Demonstrate awareness of the parking issue and your constant attempts to adhere to the regs.

Support it with stat decs from those in authority (like your client or architect/builder) who can substantiate your explanation, noting you have no other alternative by which to deliver supplies/equipment. It would also crystalise the problem to them by (respectfully) requesting advice on how you can best operate your business to their satisfaction.

If the Council has granted approval for your job, I'd be lodging the appeal with them plus a copy to the Infringement Processing Bureau requesting delayed action on the penalty until the Council decides on the appeal.

You've got nothing to lose and like I say, there is flexibility in the system to consider your case on it's merits.

[peter]

Thanks Adrian. I've already paid all the fines. I will find out if I can appeal after they are paid. My last one was really mean. The parking inspector wouldn't even talk to me. When the carpenter got his fine (I paid it) for picking up tools ($179.00) the ranger told him there was a loading Zone only two blocks away. Total waste of time re the council, they make the rules to get as much money as possible. They are limited in their rate rises so they fleece everyone they can. Easy, make a rule, fee to comply, collect the money.
Three choices. Unload on site, can't do, construction zone Cost $15K, no suitable spot and you can't park in them yourself anyway or the third option get a permit for every single delivery. Conditions; 48 hours notice required, fill out form, $64.00 fee and collect in person from the city. I've done this many times. It puts the cost of building up and is a pain. The worse thing is it is now so common for tradespeople not once in a blue moon. I'll find out if I can apeal, waste a bit of their time and money for a change. I think its a lot worse driving for a living eg taxis, couriers and delivery people.