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Challenging My First Parking Ticket. [vic]

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by mugen86, May 10, 2008.

  1. Yes (won)

  2. No

    0 vote(s)
  3. Yes (lost)

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  1. Ok so the other day I went to uni to meet with some friends... I knew the meeting wouldnt take very long so I parked my bike close to where we were meeting. One hour later I come back to discover a roll of thin pink paper inserted on my dash. To my horror, once I unfolded the slip of pink paper I discovered that it was a parking fine for $66 (see Fig 2).

    The slip of paper claimed I had infringed rule 208(1)(8) of the Road Safety Act (Vic) 1986 -- "Unreasonably obstructing the path of vehicles/pedestrians."...

    Ok lets see now... "obstructing" is defined by the dictionary as to "prevent or hinder" movement. "Hinder" is defined as to "create difficulties for (someone or something), resulting in delay or obstruction". Clearly, there is a gap wide enough to fit 2-3 pedestrians walking along the path side by side... there is also a large enough gap between the bike and the empty bins to fit another person (see Fig 1). Additionally, the bike was parked, and intended to be parked for 1 hour from 9:15 to 10:15 in the morning when there is very little pedestrians walking around because (a) there aren't many classes in the morning, (b) nobody shows up to 9am classes and (c) the bike was parked when the people who do show up should have been in class.

    Even if the bike was obstructing pedestrians, it would have not been unreasonable, considering all of the circumstances mentioned above, to do so.

    So then I immediately forwarded my arguments onto the local council (who deal in this area) and I hope to either receive a formal letter of apology or to see them in court :). It has been almost a week and they havn't contacted me yet.

    Fig 1. How bike was parked.

    Fig 2. Fine... :evil:

    [Insert abusive verb here] parking inspectors, you'd have to be a serious t0sser to book somebody for $66 10 minutes after they park their bike. Yes parking inspectors are needed to prevent cars blocking pedestrian pathways, and yes they probably wouldn't do their jobs properly if they didn't get commissions, but I think the job seriously requires people who arent complete d!cks that get off on causing grief (ie. booking peniless full time students working part time to support themselves) and have a sense of conscience or empathy. [/rant]

    Has anyone here challenged a parking ticket and won? Post any stories you would like to share.
  2. FWIW I wouldn't park there.

    Thats a fair whack of footpath you are obstructing.

    Why not park it near the pylon so the person who has to move the bins can do so without having to pick those bins to the right of your bike up over his head
  3. You know I didn't think of that since I was late for the meeting and I didn't want to ride too far up the footpath... but all those bins are the same, so I doubt the person would in fact require the bin that is to the right of the bike. And those bins were empty so it would have taken no effort at all to tilt/wheel them from the side or even the front.
  4. FWIW i wouldn't have parked there either, but, all things considered, i would definitely be challenging that fine!!! I think its a bit harsh considering the circumstances....
  5. The first thing I thought when I saw the pic was "If I had to bring those bins in, I'd be shitty about the bike."

    You could have parked anywhere along that path so parking in front of the bins was a tad silly. I would have parked either end of the bin line so a)the bin boy could bring them in without aving to go around the bike., and b)so my bike wasn't scratched by the movement of bins.
    The other bonus of parking at either end of the bins is that the parking inspector can't accuse you of obstructing the path because the uni believes the bins are ok in that position. :wink:

    I'm not having a go at you, but just pointing out why it wasn't a great place to park. :)

    My best advice for you is to pay the $66 and consider it a lesson in how to assess the parking options. :)

    My second best advice is to contest but only if you scrap point 'a', 'b' and 'c' from your arguement. We all know no-one goes to 9am classes but the fact is, they are entitled to do so and should have access. They should also have unobstructed access to class even if they're late. Most universities issue their own fines so to appeal on those grounds would be silly. You're safest defense is that the path isn't unduely obstructed.

    If they deny the appeal on your point that the path is clear enough, then you could ask why. If the bins aren't an obstruction, then why is your bike? What is the required gap to be left for pedestrians in cm? I don't like your chances but any defense based on the apathy of uni students (while quite true), will go totally unheard. :)
  6. I should add that I've stuffed up the poll results. :oops:
    I said I haven't contested a parking fine but later remembered I have.

    In 1998 I was fined in the residence (red) parking at Deakin Uni in Geelong. I had a red permit from the Burwood campus (the permits were all campus permits, not campus specific). I worked for the residences at the time and was in Geelong on business. During that year, the Geelong campus had introduced allocated parking spaces for residents (wasn't the case when I lived there) and my rego didn't match that spot. I went to the office to challenge the fine and it was immediately deleted on my request. So yes, I guess I was successful. :)
  7. I recieved a ticket on my car, for being parked over time limit. Took photo, and wrote a letter explaining that the car has a priority parking permit which was overlooked by the meter man. Got a letter back after 2 weeks, saying "Don't do it again", I filed it as a reference to peoples laziness.

    I would of parked at the end of the bins.
  8. you shouldve parked it over against the wall, so its leaning into the wall.
    good luck with it.. :grin:
  9. For a start, I would never have parked my bike up againt those bins like that. All it takes is one twit and the bike goes over.

    Also, I would never park the bike up against the wall either, as it would then make it difficult for a vision impaired person who uses a cane. I would much rather leave the wall free and open.

    I would have parked it up the other end of the bins. I wouldn't have cared about riding too far along the footpath.

    However, what is done is done. Good luck with the appeal.

    Also, I wouldnt use the argument of a poor Uni student, etc, etc as far as they are concerned, if you are that poor, then should use better judgement, etc, etc.
  10. We've established that it wasn't the best spot. However, it is plainly obvious, sans tape measure, that a standard wheelchair chan get through.

    Vicroads suggests a different measurement-
    Using this guideline (Not actual law, but a vicroads public guideline), your bike satisfies these requirements as well. Challenge it. (And if it comes to court, use the brochure - Vicroads has an interest in publishing the right information)
  11. You should pay the fine. You parked the bike such that it is almost to the centre of the pathway , so you have obstructed the path for pedestrians.
    The parking ranger would also not know that you intend to be only one hour, to say they are a tosser for booking you after 10 mins of you leaving bike , who is to say you didn't intend to leave bike there all day.I myself got booked twice this week for parking my truck illegally in the sydney CBD , total $264 , I knew where I was parking , I was doing my job , parking ranger was just doing there job.
  12. I would have parked further up between the bollard and the pylon, and I would have turned the bike around so it leaned away from the path rather than into it.

    I'm with Seany, pay the little fine and learn about picking your spot better, but it is a tough call given the amount of space still available imho.
  13. Yeah ,pay the fine and consider yourself lucky you can park on footpaths at all.
    If i parked like that in my town the bike would end up IN the bin! :p
  14. As everyone says, I wouldn't have parked there. But I can understand why you parked there, LaTrobe is such a freaking big uni, if you parked anywhere where you are supposed to park, you'd have a 15 min walk just to get to the Agora. Isn't there bike parking like 50 metre-ish further up near the WLT? Under the walkway?
  15. Re: Challenging My First Parking Ticket.

    Almost a week!

    Have patience, the wheels of government move slowly, a response could take a month or more
  16. go and talk to someone in the student union. they don't want bikes parked on campus but depend on road laws to enforce it.
  17. It is illegal to park a motorcycle next to or against a building, as it obstructs the vision impared, who use the wall for guidance. He would have been rightfully fined if he parked that way.

    I also wouldn't have parked exactly there, more from worrying about the bike. However, you are legally parked, according to the Victorian rules, so stand your ground. Any fine is on record, and you don't want that if you can avoid it.

    EDIT: Payment is an admission of guilt (I think it even says so on the fine notice), so don't pay it. But don't let the payment become overdue without a resolution. Make sure you get a resolution well before the due date of the fine.
  18. That looks like Latrobe university and there are areas where total access is required due to people on wheelchairs and such.
    It looks to me like you parked in an area where total access is required.
    There are designated parking bays for motorcycles everywhere and I'm pretty sure no one car or bike is allowed to be parked where you put your bike.
  19. Although that would only be enforceable if it was sign posted as a "no motorcycle parking on footpath", according to the guidelines.

    Did you check the area for such signs mugen86?

  20. The university is not actually public property as far as I understand it and they don't have to put up no motorcycle parking signs. They own the footpaths. Similar deal to Federation square, the Crown precinct etc.
    They do use local enforcement officers though.
    It may be an idea for mugen86 to ask for clarification at the admin centre.

    EDIT: took another look at your picture, you bike should not even BE in that area as you have entered a restricted area where only internal traffic sanctioned by the university is allowed.
    LaTrobe uni are very STRICT about these types of infringements.