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parking offence at Hospital Road, Sydney CBD

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by norm79, May 14, 2010.

  1. I had meetings at Sydney CBD this morning so I parked the bike at Hospital Road (4 hours meter parking) at 8:30am, occupying a car spot (so no double parking with cars). When I came back and picked up the bike at 10:30am, there was a ticket on the bike, saying I "Park after meter expired". The ticket was issued at 9:03am.

    So I rang Sydney city council and asked if the rule has been changed that motorbike now has to pay for meter parking. I was advised Hospital Road parking was looked after by Royal Botanic Garden Trust, who does not seem to use the same rule of Sydney council. Ok, I then then rang RBGT who confirmed that was the case.

    So an ordinary person like me how the hell I know about these boundaries when there is no warning signs. The lady on the phone suggested me to summit a claim in writing so they can consider the case, which i will do.

    Any body has such experience lately? I hope the other riders know about this so they do not have to deal with the same situation.
  2. Do a search, there was a thread a while back. Don't think it had a happy ending.
  3. B@astards. Take it all the way man. That's unacceptable.

    It's like one road saying you can't ride a bike without wearing 4 helmets, and the other road you only wear one.

    That's so damned pathetic!
  4. hehehe always replies with negativity - yes very famous in this forum anyway,
    write a letter they will wave it.
    I got a fine for parking the car at aldi store (never knew yo need a ticket)
    no boom gates nothing. after shopping $88 fine on the windscreen. wrote a letter no more need to pay...
  5. If you go to the City of Sydney website and download the map of parking locations, you'll see that it is clearly defined in the area that is covered.

    They need to update the map to exclude the roads covered by the botanic gardens.
  6. Got the letter back yesterday, no "leniency" so I still have to pay or select court hearing which I am tempting to do. Has anyone gone through the process before? Will it take a day only or longer? If the result is still not in my faviour, do I have to pay extra cost? What will be the success rate? Thanks.
  7. If there is no signage as you stated and you have photographic evidence, then take it all the way to court.

  8. If you elect to go to court, before you are given a date it will be looked over, at this stage often trivial cases are overturned to save wasting a judges time (this is as I understand it). Meaning if you've been rejected and opt to go to court, they may just call the bluff and let you off.

    I'd get the details of whoever issued it, get the fine $ in 5 cent piece form, and sledge hammer it up there arse.

    Utter bullshit.
  9. Have you clicked on these links? It'll look great when you show up in court with this info. Seriously....
  10. perfect! to court you should go! =D>
  11. Court sometimes can "pay" to go to :)

  12. Thanks for the advise everyone. Yes I have printed out the parking map, and will try to take some photos on the signages. Will go all the way!
  13. Sadly you're out of luck.

    Schedule 2 of the Royal Botanic Gardens and Domain Trust Act lists the lots that comprise the Botanic Gardens and The Domain. The last lot listed for The Domain, Lot 1824 DP 841390, covers pretty much all of Hospital Road.

    You can verify this by going to http://lite.maps.nsw.gov.au, select Lot/DP and enter the lot and plan number. It will bring up a satellite map of the location with the boundary of the lot shown in red.
  14. I reckon you've still got a good case. You can represent yourself and it should be fairly straightforward.
  15. I don't think he is outta luck if there's no signage to state otherwise re: parking.
  16. That will only go to establishing that it is illegal to park there - rather than negating him being a victim of the Sydney City council deceit/poor attention to planning.
  17. And what exactly would that case be?

    The fact that the OP was parked in that particular location at the time stated on the ticket is not in dispute. The only thing that seems to be in dispute is whether the location in question is under the authority of the City of Sydney (in which case the OP has no case to answer) or the Royal Botanic Gardens and Domain Trust (in which case he's sh1t out of luck and will have to pay up).

    As I pointed out in my last post the land on which Hospital Road sits is vested in the Botanic Gardens Trust. Furthermore the Royal Botanic Gardens and Domain Trust is a "declared organisation" under Schedule 3 of the Road Transport (Safety and Traffic Management) Regulation 1999, defined as follows (emphasis mine):

    Being a declared organisation under that regulation means that it is classed as a parking authority (see the Definitions for the regulation), and can therefore establish, operate and enforce its own metered, ticket or coupon parking scheme.

    The OP can certainly try his luck in court with a "mistake of fact" defence, but given that the prosecution can point to the regulation I just quoted he may have a hard time winning. If I was him I would pay up and consider it a (somewhat expensive) lesson learnt.

    As a side note there is actually a (what appears to be untimed) motorcycle parking area on Hospital Road near the State Library. Because it isn't under the authority of the City of Sydney it doesn't appear on their maps, but I went for a run through there on Friday night and noticed the signs and this Google Maps image would appear to confirm it.
  18. Since when has the City of Sydney deceived anyone? They've said that so long as you comply with the time limits on the signs you can park your motorcycle for free in the areas that they have authority over. The fact that Hospital Road is not under their authority is not their problem.

    Furthermore, the map published by the council (and which everyone seems to be treating as gospel) has the following disclaimer:

    In other words: we think it's right, however if it's not you're on your own... but feel free to tell us that it's not right.

    Edit: The council also publishes this map showing the areas where the council has metered parking in place. If you look closely you'll notice that Hospital, Art Gallery and Mrs Macquaries Roads aren't included in any area - which means that the City of Sydney does not have any parking meters in that area.
  19. I've parked on that road, twice, and wasn't booked. It shits me to know that i was illegally parked.

    This is why i park on the footpath. If i'm gonna get booked it's not going to be because of some stupid farking territorial pissing contest.