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VIC Boorondara parking fine for using naturestrip?

Discussion in 'Politics, Laws, Government & Insurance' started by Firefly, Oct 20, 2012.

  1. Hi guys,

    I'd like some advice. I got booked for parking on the naturestrip of my home street (residential area).

    I thought that bikes were exempt from this law? There is a specific exemption for bikes in the Road Safety Act.

    Any advice on approaching this issue would be appreciated.

  2. I'd take a photograph of your bike parked exactly where it was, showing that it was not an inconvenience and did not obstruct, hinder or prevent the free passage of any pedestrian or other vehicle. Then I'd write to your local council including the photograph and the copied section from the rules, pointing out than an error has clearly been made, and asking that they withdraw the ticket.

    I'd do it respectfully, in writing, and probably take it in by hand and ask to speak to the head of rules enforcement or whatever that department is called.
  3. Post up the photo too.
  4. These guys are absolutely cut throat. Not a fan at all.
  5. [​IMG]


    This is *exactly* where the bike was parked when the ticket was issued. I haven't moved it yet.
  6. take the pic and the infringement with the legal documentations to the council office. the bike looks perfectly parked there
    • Like Like x 2
  7. and post the details of the smartass who booked you for that.
    so we can know all about his sad pathetic life.
    • Like Like x 3
  8. i would be fighting that one ..council first see if you have any joy .post their reply
  9. I don't think your aloud to park on nature strips in most councils, foot path would have been ok. Really makes no sense as its better for pedestrians if ur on the strip.
    Good luck with it hope u win the fight
  10. failing them binning the ticket fall over in the crack going back to your bike and sue them ...LMFAO
  11. ****ing clowncils.
  12. Lodged the online objection.

    Thanks for all the help guys!
  13. What you think and what is fact are two different things. Read the post quoting the law at the start of the thread.
    • Like Like x 2
  14. Local Councils may also have their own bylaws which may have more restrictions that the general federal / state laws (e.g. local liquor bans).

    So before you try and appeal it, you should read up on the local bylaws.
  15. The legislation above overrides any rules that they might want to make.
    • Like Like x 2
  16. Except in this case, the legislation specifically permits motorcycle parking. To make a bylaw which is different, would mean it would need to override the state legislation. Councils can't do that.

    They can have more restrictions, however they can not make a local bylaw contravening state law.
    • Like Like x 3
  17. Pretty ridiculous fine tbh, you're out of the way.. not blocking the pathways from pedestrians etc.. not parked in an obnoxious spot like in front of someones gate.

    whoever issued you the fine needs a swift kick up the arse.
  18. What was the infringement for exactly (as in did it say nature strip)? There could also be a minimum distance required that you need to keep away from a Telecom pit...
  19. I used to work for Boroondara (not as a parking monkey so please don't hate me). I can tell you as an ex-insider, that if you write in politely with that photo citing the exact rule that's been posted here, then you have a 99% chance of having it withdrawn. They won't listen to you over the phone or face to face, you have to put it in writing. The golden rule though is to be nice. They deal with hundreds of angry people everyday. It's the nice ones that stand out from the crowd and get the extra attention. I can tell you that yes... they definitely do withdraw fines on a very regular basis.

    Also, not that I doubt you in any way, but the parking monkeys also take a photo when they issue a fine. In this case it won't make any difference though. Parking monkey has made an error. He probably doesn't know about the bike exemption.

    Also, it can take several weeks to get a response. Make sure you give them a few days after sending the letter, then give them a phone call to confirm that they've received it. Once they've received it, the status in the system will show up as 'Appeal', the due date will no longer be applicable and the onus is then on the council to get back to you with a reply.

    There can only be two outcomes: 1. They withdraw it. (most likely in this case). 2. They reinstate the ticket and you get another grace period to pay up or dispute it.

    My advice is definitely dispute it. The very worst result is that they say no. There's no penalty for appealing.

    Either: Att: Local Laws, Private Bag 1, Camberwell, 3124
    Or: Att: Local Laws boroondara@boroondara.vic.gov.au

    Good luck.

    (PS: Don't refer to him as parking monkey... he is a Local Laws Parking Officer... even though he is a monkey ;))

    Edit: I missed the part about you lodging an online complaint. I'll leave this advice here for everyone though.
    • Like Like x 1