Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

NSW Parking fine - appeal?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by lemontree, Sep 26, 2011.

  1. So I got a parking fine near my uni.

    Basically I parked at a No Parking Zone which was recently added above the old Parking zone. The old parking zone was unprofessionally 'scribbled'. The best they could do was get council or the RTA to cover it up fully as I didn't notice it.

    Is it worth appealing for? What's the process like?

    here's a photo I took of the sign:


    Attached Files:

  2. Re: Parking fine - appeal?

    Definitely worth appealing imo. Conflicting signs = automatic out
  3. Re: Parking fine - appeal?

    err dude (happy to be corrected) doesn't that say 4p from 6pm-10pm mon-fri, 8am-10pm sat/sun/pub hols?

    there's no conflict. also wrong forum
    • Like Like x 1
  4. Re: Parking fine - appeal?

    That's a lot of texta. Texta graffiti does not invalidate the signage though. :)
  5. Re: Parking fine - appeal?

    Actually it does, you are quite right. Partial but limited chance of an appeal on the basis the sign is somewhat unclear to read possibly.
  6. Re: Parking fine - appeal?

    More like nil. It's not like the relevant part (no parking during the day) has been blocked out. I'd say the only chance he has is if the sign were put after he parked there, which I doubt.
  7. Re: Parking fine - appeal?

    give it a go and plead confusion. nothing to lose really.
  8. I the accused, am the Living Soul, named Lemontree of the family of Lemonheads, have not come to testify,
    but under the Commonwealth of Australia Constitution, I do have questions your Honour.

    I object to the Parking Infringement Notice. Subject to the Privacy Act only the person whose name is on
    the Infringement Notice can any information be given and if name reversed, then no person whose name
    is not on the Infringement Notice is under any obligation to comply with the Infringement Notice.

    I object to the Parking Infringement Notice as Drivers name and or "registered owner" not included on
    Infringement Notice required by Road Safety Act 1986. The parking sign was new and not readily recognizable
    and not at a height I could read it.

    The Infringements System is based on administrative processing rather than hearing the case before a
    magistrate unlike other matters falling under the jurisdiction of the Magistrates’ Court of Victoria which
    are heard in open court before a magistrate. By calling the Infringements Court; a court, this is pointing to

    I demand the Magistrate prove to me the constitutional jurisdiction of the Infringements Court. If the Infringe-
    ments Court does not exist then do the 120 Enforcement Agencies, registered with or authorized by, the
    Infringements Court exist?

    An agency is authorized to issue infringement notices under the legislation that sets out the offence/s. I demand
    the agency, produce in this court, the document with signature and name in plain English of the person who
    signed the authorization of or for the agent, to issue infringement notices.

    I object to the parking fine, and make it quite clear your Honour, that University of Technology is a company,
    with an ABN 41 205 538 060, to produce the Title that it does own public roads and has authority to use
    parking signs and parking ticket vending machines to claim a fee to park my car.

    Though I appear to be guilty subject to allegations made by the University of Technology under the Infringements
    Act 2006, it is my right under section 92 of the Commonwealth of Australia Constitution Act to claim that I
    am not guilty subject to; the Australian Criminal Code Act 1995.

    Division 9 - Circumstances involving mistake or ignorance;

    9.5 Claim of right;
    (1) A person is not criminally responsible for an offence that has a physical element relating to property if:
    (a) at the time of the conduct constituting the offence, the person is under a mistaken belief about
    a proprietary or possessory right; and
    (b) the existence of that right would negate (nullify) a fault element for any physical element of the offence.
    (2) A person is not criminally responsible for any other offence arising necessarily out of the
    exercise of the proprietary or possessory right that he or she mistakenly believes to exist.
    (3) This section does not negate (nullify) criminal responsibility for an offence relating to the use
    of force against a person.

    Infringement Notice and Agency is the enforcement under (3) Australian Criminal Code 1995. For that reason
    no person as Lemontree, whose name is not on the Parking Infringement Notice number 91555 is under
    any obligation to comply with the Parking Infringement Notice and

    Pursuant to the Infringement Act 2006 the original notice shall be withdrawn, because I decline to be dealt
    with under these enforcement conditions. I have not received an Infringement Withdrawal Notice.

    The infringement notice is an allegation where I have to prove I am innocent of being charged for committing
    an offence where there is no damage to any property or injury or assault on a living soul. The University and
    parking officers are vexatious litigants and I demand my right to question the two plaintiffs.

    I object to the scribbled signature without one letter of alphabet visible as contempt to me and this court.
    All signatures used in any court should be readily recognizable so those present can contact that person.

    I demand true evidence together with a supporting Affidavit subject to section 79 of the;
    Evidence Act 1958.

    Evidence Act 1958 - SECT 79;
    (1) All courts and persons acting judicially within Victoria shall take judicial and official notice of -
    (a) the signature of any person who is for the time being or has at any time been the holder of any
    office to which this section applies; and
    (b) the seal of such a person or of any body or court to which this section applies -
    where that signature or seal purports to be attached or appended to any decree, order,
    certificate, affidavit, writ, warrant, summons, or other judicial or official document, and
    shall also take judicial and official notice of the fact that that person holds or has held that office.

  9. Sounds like that could get you out of basically any parking fine.

    Would that actually work, or has it been used?
  10. Justus, thanks for your efforts. Although it does sound very concrete, I do not live in Victoria :( Unless NSW and VIC have similar laws/regulations on road authority?
  11. Most of the legislation Justus quoted aside from Road Safety Act 1986 I believe is Australia wide so I dare say it would be quite easy to translate to NSW.

    Best to let some one who definitely knows answer this though just in case :p
  12. Apologies lemontree 8-[

    Fuck me, did any of you actually read the post?? Next time I'll use smilie to make it clear when I'm taking the piss :LOL:

    If you want my opinion, you have not got a leg to stand on, but that's not to dissuade you from taking it further. You have
    little to lose except your time if you forge on ahead. The sign that is scribbled out is irrelevant to you getting a PIN. The
    sign clearly says no parking Mon-Fri 8am-6pm, so I don't know what the issue is. If you received the PIN outside of those
    hours, then that's a different matter and I'd understand why OP was created.

  13. Hahahahah...I did enjoy Justus' post.

    To further dissuade you from wasting your time, the sign you took the photo of is on a public street outside the UTS Haymarket campus (Faculty of Law building, no?) It's not within the UTS campus, so parking infringements would have been issued by Council officers. While the uni might have been open to a poor student letter (on a good day, with the wind blowing in the right direction), IMHO the Council has no heart at all. Mind you, even within uni space I think all infringements are issued through the official govt system, so you were probably stuffed anyway.