Whether it’s a late appointment or confusion about the local area, if you drive a vehicle there’s a chance you will face a parking fine at some point or another. It can be expensive and frustrating if a fine is issued under unfair circumstances, but is it worth the effort to chase down the council and have them cancel the fine?
Leave your thoughts below to enter our MythDefied competition where you can win one of five $100 vouchers.
You are right Brendan. Appealing a parking infringement notice can be a difficult process sometimes. First off, if it’s a fair cop and you did the wrong thing, don’t bother wasting everyone’s time by appealing.
If you feel the notice is wrong, or unfair, and you want to appeal understand that an appeal takes time to prepare properly, and more time if the initial appeal is refused.
Appealing requires evidence (photos, times, dates, etc.), in a clearly laid out factual response returned before the prescribed date(s).
You have to decide the cost/benefit of whether the time and effort invested in having the infringement notice withdrawn is worth it. Sometimes it is just comes down to a matter of principle; of fighting an injustice. You also have to decide how far you are willing to take it. For example, are you willing to prepare a more detailed appeal and then spend a day waiting for your case to be heard if it goes to court?
In my case, I have fought (and won) a number of parking infringement notices. So I think it is worth it.
I’m sure the various authorities could make appealing parking infringement notices a lot smoother and fairer if they were more reasonable in the initial appeal process. It would probably save them on administrative costs, but then they would lose a lot of revenue wouldn’t they? So what are the chances?
A risk that might become more prevalent in dealing with cars that are assessed of infringing parking regulations could be Tow Away rather than posting/placing an infringement notice on a vehicle. Then you have to recover a vehicle from a Tow operator’s or Council premises/facility. It then becomes harder to argue the whys and wherefores of the offence when your vehicle is no longer there. The cost could be substainially more as well to recover the vehicle from such a place.
I am not saying in anyway that you are wrong in fighting them, in fact I agree if the fine is wrong then the person should consider their right to contest the impost. I was just remarking how Councils etc could consider more drastic options.
I fought a fine several years ago, based upon the ambiguous wording on the signage in the area. I was parking on a Saturday, and the sign was not clear about the rules that were to apply then.
Several months went by without any word back. Then one day I received a notice of the decision. To summarise:
“We think you’re wrong, but took too long deciding the case so you don’t have to pay.”
As long as there is no additional cost imposed in disputing a parking fine (e.g. interest, or an appeal fee), and you feel you have a just basis for disputing it, then I would say it is totally reasonable to put the effort in and make sure both you and your local government are fully aware of what the law means.
I would not willingly pay a fine that I felt was unjust - I would definitely appeal.
Nice rundown @meltam. We also have some advice on contesting parking fines if you ever face an unfair penalty or find unclear or incorrect signs.
An absolute doozey regarding a woman who tried to claim that someone must have moved her parked car in front of a fire hydrant.
Right up there with 'The dog ate my homework".