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NSW Parking In A Loading Zone Fine

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Lucanos, Apr 1, 2011.

  1. Hey Guys,

    Just wondering whether anyone has had any success dealing with a situation like this (and thereby figure out whether I should wander in and have my arguments heard rather than take the fine up the tailpipe).

    Out the front of the office I was working in, there was a marked "Motor Bikes Only" parking space which myself, and about a half dozen other riders, regularly parked in.

    One morning, I park beside all the other bikes, thinking everything is rosey. I come out of the office a few hours later to find that every single one of us had a ticket attached. I opened the envelope, thinking I was seeing things, and read the ticket which stated I had committed the offence of "Stop in a Loading Zone".

    I look up and find that, indeed, we were all parked in the Loading Zone. Why, you may ask? Because a f**king van was parked in the Motorcycle Spot. Evidently, the first rider had presumed that the van was legally parked (in the normal parking space which is adjacent to the Motorcycle Spot on one side) and so had parked in the next available spot, again, presuming that it was the Motorcycle Spot (when it was actually the Loading Zone which was on the other side of the Motorcycle Spot).

    And, of course, having the mob mentality, the rest of us riders saw one of more bikes parked in a spot which we thought was the bike spot and all got done.


    I took a pile of photos and sent in a letter explaining the situation and the fact that I, and the rest of the riders, had parked in good intentions, believing that we were in our allocated spot, and that the offence had only occurred because of the offence committed by the van parked in our spot.

    No dice. Got a letter back from the State Debt Recovery Office stating that they were unable to show leniency in this case.

    I also had a closer look at the pictures, and the Loading Zone sign which was behind the spot is at an angle meaning that, when I got off the bike, it was side-on to me and the sign at the other end of the zone is obstructed by a tree. Not sure whether I should look at the regulations regarding the display of the signs to see if they are compliant or not.

    Anyway, anyone had any similar bad luck? I know that, objectively, I did the wrong thing and did, indeed, commit the offence, but it just bugs me that I thought I had parked legally. Plus a fine of $143 is a good chunk of that day's pay....
  2. Just pay the fine, and move forward, you'll be more at peace.
  3. They have a responsibility to have signs clearly displayed and you have rights. Stand up to them. The infringement nazis are getting away with far too much. Also see if you can find out whether the van got a ticket for being in the Motor Bike only parking. On the other hand, once you pay the pain goes away.
  4. yup, what aaahhh said. if van got ticket or not, and also that standing up is good. however, if you pay it, you never gotta think about it again.

    they do make it that way for a reason - making money.
  5. wish i got one of those...i was 1" out of the loading zone and into the no stopping...got the no stopping fine and the extra $60 above the loading zone!
  6. geez... i got majorly ripped off by Hornsby council when I parked "within 10m of a T-intersection". No signs of course, just one of those rules you have to know.

    $216, tyvm

    In regards that van, I wonder if it's something they can enforce.. like a 'parents with prams' spot.
  7. +1 to paying the fine and moving on.

    There's been many cases on here that appear more unjust then yours and few people have successfully gotten out of a parking fine.

    It's just not worth the stress.

    I think next time I get an unfair parking fine I'm not even going to bother with the 60c it costs to send a letter to request a review.
  8. Funny thing was I mentioned the van being parked in the Motorcycle Spot in my initial letter - the response from SDRO actually says "Privacy legislation prevents us from commenting on the other vehicles you identify as being in beach of the road rules.".
  9. I am sure that, if I am responsible for reading the signs, then the council is responsible for making the signs readable. If the sign cannot be read without parking illegally (ie parking and then stepping off the vehicle to walk around and check the sign) then there is a problem with their placement, is there not?
  10. You ****ed up. Pay the fine and move on. Everyone has done it.
    As the operator of a registered vehicle, the onus is on YOU to ensure you comply to relevant rules and bylaws and the sign is clearly visible, as you have already figured out you parked illegally.
    Get out of the mentality of nothing ever being your fault and your life will flourish.
  11. Court: "Did you park in a marked loading zone?"
    You: "Yeah, but a van wa..."
    Court: "Irrelevant. Is that it?"
    You: "But the sign is illegible"
    Court:"But you can read them well enough to know where the Bike Only parking is?
    You: "Yeah"
    Court: "Stop wasting the court's time, pay up and get out of my court"
  12. That's it, you you stopped your bike to get off and read the sign they'd probably try and ping you for standing in a no standing area.

    I keep reading the replies in this thread and cannot for the life of me see where you have shown anyone clarification of the local laws, re: parking signs
  13. Your argument here is invalid.
    I knew roughly where the Bike Only parking was. I did not check at the time I parked the vehicle. It was only after receiving the infringement notice that (being off the bike at that time) I checked the signs which, if I were on the bike, would not have been visible.

    I would have to echo "blocka"s comment here - If you had provided a link to an online document detailing the regulations (see, they might "help me") rather than an airy-fairy reference to "Australian Standard" (of which there are plenty, applicable to nearly every aspect of our day-to-day life making that reference as vague as it is unhelpful), then I, and blocka, would have had something to refer to.

    Instead, you seem to assume that everyone else has read the same material and understand the same shorthand references as yourself.

    I am sure you think you are being helpful and sharing information, but having looked at your history on this forum, the threads you have participated in and the content of your comments, you are anything but. I would guess that you are a lawyer (although that is doubtful as lawyers tend to appreciate people questioning "rules"), a judge (although that is even more doubtful as judges would not partake in these discussions), a police officer (again, doubtful as your comments do not sound as well constructed and supported as an officer would), or a wannabe.

    Be helpful, be respectful, be silent, or be gone.
  14. Lucanos, the leg factory just called.
    Unfortunately, they've got nothing for you to stand on...
  15. Have a look at Sean Hardy's website. He is a traffic law specialist. I think you will find that this is not the case.

    I think I heard a few site members spitting out there beer/wine/juice/water/other after reading that last bit. :LOL:
  16. Doing my own search of Austlii because I couldn't find any copy of the Australian Standard.
    According to the Road Transport (Safety and Traffic Management) Act 1999, all it does is state to obey the sign if placed there and outlines what the sign needs to look like, whether it's visible or not is not mentioned. So it could be facing the sky but you still need to know what it says and obey it.
  17. Damn I love posts like this......

    His post (whilst perhaps abrupt) is far from "invalid".
    His point is 110% correct.
    NOT seeing the sign, in a majority of cases, WILL NOT FLY as an excuse.
    By extension therfore your "point is invalid".

    I'll give you points here for trying. A link would have been better.
    The rest of the paragraph is just B/S.

    Actually, some of his posts are very helpful and of an extreemely high standard.
    I haven't seen you post enough to decide on what standard yours are yet.

    He's not.

    Correct, a judge would not post, and FYI, police are very careful about posting too. I do however disagree about "as well constructed and supported as an officer would".
    You haven't read police correspondence obviously. Justus writes at a much higherv standard as a rule.

    Now, if you are going to try and insult someone at least make it clear and logical. A wannabe what?
    A wannabe Lucanos? A wannabe police officer?

    Last time I looked this was an open forum, and guess what, you aren't a moderator!
    He has as much right to be here as anyone else, maybe more than some.

    So how about you: "be respectful, be silent, or be gone"?
  18. Yea found that site, but it seems they want you to pay up to $200 to look at a PDF file of the australian standards.