1 June 2011

Parking Infringement .... Help!!

| tuneman
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At the end of a 1/2P bays on Hibberson St in Gungahlin, the bay nearest to Ernest Cavanagh St has at some point been switched to a no-stopping zone. The markings on the road are still visible from where it was a timed bay. Admittedly, there is a no stopping sign (which I didn’t see) and was therefore delighted to come back to a $174 infringment notice.

Within the area, and notably on the same street, any variations to the parking restrictions (such as loading bays, disabled spaces etc) are all differentiated from the timed zones (with yellow marked bays etc) so to have a time restricted marked bay still visible on the road which is actually now permitted as a ‘no stopping area’ is both confusing and contradictory.

I wrote to ‘parking review’ with pictures and that have decided not to withdraw the infringment notice. I’m left therefore to decide whether to go to a magistrate or pay the fine… just not sure what to do? Any advice, experience shared greatly appreciated!

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Elizabethany7:55 pm 11 Jul 12

Jethro said :

I wonder how many people are aware that the old ‘5 minute’ zone at Kippax next to the bus stop is now a loading zone? Judging by the fact it is still always full of cars, not many.

Considering how many times in the past fortnight I have seen inspectors there, I’m going with quite a few by now. It must be easy making quota there.

I wonder how many people are aware that the old ‘5 minute’ zone at Kippax next to the bus stop is now a loading zone? Judging by the fact it is still always full of cars, not many.

it unfortunate you recieved a lot of negative comments..
i totally understand your arguement,i drive for work and have come across two loading zones which have the same sort of thing, one with a no stopping sign & loading zone paint, and the other with a loading zone sign & bus stop paint, i dont understand why they do not cover the road paint while they are at it as it is is confusing, if the sign got ripped down then people would do what the road paint says so i dont get why they dont do them at the same time..

Pay the fine. The people who reviewed your infringement must have considered everything before making their decision. Its not worth further heartache

ConanOfCooma said :

tuneman said :

If you had the intelligence to comprehend my initial post, you would understand the fact that I was disputing a conflict between the road markings and a sign.

As a result of a follow up email, they have agreed to withdraw the infringement – thank you to those of you who gave useful advice!

I’d say the person lacking intelligence is the one that can’t read signs!

What, do you want them to get down and scrub that white paint off for you?

Yes.
While I don’t have an opinion either way (without actually seeing the situation described) I think one dose of $174 would easily buy some black road paint and pay for the the 20mins it would take someone to paint over any incorrect markings on that spot. Surely the revenue should be used correctly – at least to clarify any so-called confusion in regard to that fine (did I read correctly that two people had had this problem in that location?).

Anyway, the OP got their fine retracted, so i’m not sure why people are still tutt-tutting them after this is known?! Move on, nothing to see here….

wildturkeycanoe6:11 am 08 Jun 11

For those who want to disregard the white dotted lines, have a look at the GDE right now on approach to the Barton Hwy overpass and tell me what would you do. There are white reflectors following the seam of the tar and white dashed lines painted alongside. The two rows of lane indicating markers have a gap between that varies from a few millimetres to a metre or more. Which one is considered the centre lane?When two vehicles collide I’d love to hear the outcome from the insurance companies.
By the way, good on ya for winning the case. Beyond reasonable doubt!!!! Woo hoo!

canberralocal11:42 pm 07 Jun 11

tuneman said :

ConanOfCooma said :

If you ran over a child because you didn’t see them, do you think you should be let off for that, as well?

If you had the intelligence to comprehend my initial post, you would understand the fact that I was disputing a conflict between the road markings and a sign.

As a result of a follow up email, they have agreed to withdraw the infringement – thank you to those of you who gave useful advice!

Well played!

creative_canberran11:02 pm 07 Jun 11

Road markings are made to last, they can’t always be changed promptly.
Those signs are prominent and can tell you all sorts of things not conveyed by line markings anyway. They may have changed the parking time limit for example. The point is you didn’t read the sign and ignorance of the law is no excuse.

If they retract the fine, then it is as a courtesy and no reader should take it as an endorsement that ignorance absolves you of responsibility.

ConanOfCooma10:46 pm 07 Jun 11

tuneman said :

If you had the intelligence to comprehend my initial post, you would understand the fact that I was disputing a conflict between the road markings and a sign.

As a result of a follow up email, they have agreed to withdraw the infringement – thank you to those of you who gave useful advice!

I’d say the person lacking intelligence is the one that can’t read signs!

What, do you want them to get down and scrub that white paint off for you?

ConanOfCooma said :

If you ran over a child because you didn’t see them, do you think you should be let off for that, as well?

If you had the intelligence to comprehend my initial post, you would understand the fact that I was disputing a conflict between the road markings and a sign.

As a result of a follow up email, they have agreed to withdraw the infringement – thank you to those of you who gave useful advice!

luther_bendross8:21 am 02 Jun 11

If it was me, I’d just pay it. But considering you’re not me, then I think you should go to court. That way you go through all that stress to save youself $174 and I get maximum LULZ.

wildturkeycanoe6:18 am 02 Jun 11

Gosh you people are cruel.
The point of this thread isn’t so much that the person was parked incorrectly, but that the spot had conflicting indicators. Yes there was a recently erected sign saying no parking, but at the same time had white dotted lines to suggest where the vehicle should be parked. If they have a roadwork sign saying 40km/h and then the existing 80km/h sign visible just after it with it’s temporary green hessian bag ripped off in the breeze, would you do 40 or 80? If there is contradiction and room for error or confusion, why should we be penalized for the government’s mistake?

Ive disputed parking infringements, especially as i try to park legally. where ive been caught out have been due to very confusing or recently changed signs and parking periods.

Write a letter – not an email.

If the signage is confusing, tell them. Take photos to support your case.
Draw a map and explain why you were confused. Recommend how they can make it less confusing.

Sometimes it works. It has for me.

As long as there is a sign for the designated area, they will ignore any markings on the road. You said there was a no stopping sign. That’s all that matters to them. You’re best off paying it.

Rawhide Kid Part311:44 pm 01 Jun 11

If your right and there’re wrong, then you’ve got nothing to worry about. However if there’re right and your on the side of erring, watch out.

I was stung this week too Tuneman and am about to dispute the fact that there was no sign erected, no visible lines and not obstructing traffic and not pinning another vehicle in to get out.

10.00am starts/shifts are difficult as most parks gone two hours beforehand.

Thinking of catching the bus a few days per week instead.

I aim to take photos and pop them in the chronicle to see how many other poor blighters over the years were and are stung over the same spot – ie in a carpark, no visible lines, no sign and no obstructions.

Best wishes with your appeal – forget all the negative remarks – when these people are caught out, seeth and dont moan for fear of being hypocritical, a more unhealthy outcome for them.

troll-sniffer said :

Locking up my trusty horseless carriage, I stride purposefully towards my destination, where I arrive refreshed and stress-free 5 minutes later.

Apart from having a chuckle, I almost instantly pictured this:
http://knowyourmeme.com/memes/strutting-leo-leo-strut

troll-sniffer12:50 pm 01 Jun 11

This little black duck has learnt to rort the system, and if you listen very carefully kiddies, I’ll let you into my dastardly secret.

When approaching a shopping centre or any other area of buildings with the likelihood of pay parking, and more often than not, its attendant traffic hassles, I employ the devious ruse of just parking in the first spot I see within 5 minutes walk of my destination. Occasionally this means being in a 2 hour zone, mostly it means the parking is not controlled.

Locking up my trusty horseless carriage, I stride purposefully towards my destination, where I arrive refreshed and stress-free 5 minutes later. Meanwhile, cars that have roared past me as I strode the footpath are still milling about in confusion hoping to get a spot 20 metres closer than the one they just passed by.

Following my business dealings, I stride single-mindedly back towards my car, and during those long 5 minutes of striding, I await with anticipation the opportunity to drive away, unencumbered by a procession of cars and traffic lights that are faced by the lazy sods i have left behind.

Try it, once you get used to putting one leg in front of the other to get somewhere, it all seems so natural, almost as though our evolution had prepared us for the task.

phil m said :

I drove to Melbourne last year and was parked for all of 45 minutes before receiving a fine.
I thought I was parked well within a 1P zone around midday, the sign said 1P 7 – 11 PM. And I parked in a gap with a few other cars also in the same zone.
Turns out there was another sign above that one that said No Stopping 7 AM – 7 PM. Across the road was all 1P and each way down the street were meter parking.

I wrote them a nice letter and said I was interstate and I am not used to all these confusing signs and I legitimately thought I was parked in a 1 hour zone. But they wrote back and said we don’t care pay the money.

So I just paid the money by the due date.
True story.

Had more or less the same thing happen to me, except it was in the UK, was likely 3x more expensive, involved an A4 sign on a wall 2 parking spots down, having the wheel clamped and having to physically hand over the money before the clamp was removed.

Unsurprisingly the response from the council was that they quite liked my hundred quid, and didnt want to return it.

I think you should go to the magistrate and add some additional court costs to your fine, just for being a wiggling little fine-avoider.

Pay the fine. Pay more attention next time.

tuneman said :

Greta said :

Same happened to me. It rained the day I parked there and I didn’t realize that it is now a non parking spot because they sort of got rid of the white lines but in rain it looked like they were still there – I ended up paying the fine. I also complained to the ACT traffic guys so this wouldn’t happened again. Looks like it was a waste of time.

That’s interesting Greta, how long ago was that? Have you still got the paperwork?

No, sorry. I just sent an email to an address which was either on the infringement note or on an ACT government website. Can’t remember as it was last year… Paying the $174 really hurt, only soup and bread for us that week. Even cried a few tears, but it most probably taught my son who was in the car with me at the time a few lessons.

Greta said :

Same happened to me. It rained the day I parked there and I didn’t realize that it is now a non parking spot because they sort of got rid of the white lines but in rain it looked like they were still there – I ended up paying the fine. I also complained to the ACT traffic guys so this wouldn’t happened again. Looks like it was a waste of time.

That’s interesting Greta, how long ago was that? Have you still got the paperwork?

Same happened to me. It rained the day I parked there and I didn’t realize that it is now a non parking spot because they sort of got rid of the white lines but in rain it looked like they were still there – I ended up paying the fine. I also complained to the ACT traffic guys so this wouldn’t happened again. Looks like it was a waste of time.

My belief is that while you might have some luck in having an infringement withdrawn for overstaying your parking limit*, parking in areas like “No Stopping” zones are a different kettle of fish. These are marked as “No Stopping” for a reason, and it’s often for safety reasons.

* i’ve had one withdrawn in these circumstances. I swapped cars with my parents once and parked in a pay-and-display. The stupid slope on their cars dashboard caused the ticket to fall off the dash. I wrote a letter, along with a copy of the ticket, and they withdrew the fine.

In this case, you’re just gonna have to wear it.

I drove to Melbourne last year and was parked for all of 45 minutes before receiving a fine.
I thought I was parked well within a 1P zone around midday, the sign said 1P 7 – 11 PM. And I parked in a gap with a few other cars also in the same zone.
Turns out there was another sign above that one that said No Stopping 7 AM – 7 PM. Across the road was all 1P and each way down the street were meter parking.

I wrote them a nice letter and said I was interstate and I am not used to all these confusing signs and I legitimately thought I was parked in a 1 hour zone. But they wrote back and said we don’t care pay the money.

So I just paid the money by the due date.
True story.

Pay the fine… You’ve aleady written to them… Unless your unemployed on welfare (no offense meant to people who are unemployed on welfare) is your time really worth so little that a $174 fine is worth a day off from work where you either don’t get paid or you lose out on a day of annual leave?

Besides you may go through the expense of taking the matter to court to end up in exactly the same (or worse) position than had you simply paid the fine in the first place.

ConanOfCooma said :

If you ran over a child because you didn’t see them, do you think you should be let off for that, as well?

+1. And as JJ said, just pay the fine.

Pay the fine.

Pay more attention in future.

ConanOfCooma9:30 am 01 Jun 11

If you ran over a child because you didn’t see them, do you think you should be let off for that, as well?

wondering1239:17 am 01 Jun 11

Im so over these posts! You parked in the wrong spot -not seeing something doesn’t excuse you being in the wrong. Pay the fine and get over it!

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