HELP: Parking Fines and being served court notices

BarNone said :

I had naively thought that someone here might know what to do, however it seems that, for the most part, this forum is filled with assuming whingers….

Well not filled completely… dominated perhaps, but not filled! Just as you were dominated by a pube: the first lesson one learns when living in Canberra is that public servants are sub-human and must be reminded who’s boss occasionally. A bit of yelling, while generally frowned upon in our society, is often the most helpful thing you can do in that kind of environment. Though not noted the Hitchhiker’s Guide, modern bureaucrats fear outpourings of bile. Now that it’s too late for yelling to do any good, I think you need a lawyer, as caf said.

It may be cheaper to pay the fine, but I may even be inclined to pay more and have my day in court.

I had naively thought that someone here might know what to do

Unfortunately not. I just pay my parking fines when I get them (and it’s my fault), rather than spend hours figuring out a way to get out of it.

caf said :

I would suggest that asking here for legal advice is merely compounding your folly.

You need to seek the services of a lawyer.

Yes, perhaps, although i disagree with the word folly.
You had to be there, I really tried to argue with the officials there (three of them at one point) about leaving and coming back. They really didn’t let you get a word in edgewise
I had naively thought that someone here might know what to do, however it seems that, for the most part, this forum is filled with assuming whingers….

There were the two of you at the Shopfront, yourself and the 17yo girl you were helping to transfer the licence? Couldn’t ONE of you slipped outsde to put more money in the meter?

ANSWER!!!!!!

If a matter is elected to be heard in court for a summary offence and the service of a summons was not forthcoming, i.e. wrong address, the matter will be an exparte hearing (no defendant present).

THIS IS WHAT YOU NEED TO DO!!!!!!

Being a summary offence, simply apply to the court (Magistrates) for a rehearing. An application will be granted, if made within a reasonable time, and you attend for this hearing to state your case to the Magistrate (“your honour”).

They will most likely grant the re hearing. Then, when you are in the witness box, you can request an order for costs to be awarded due to the incompetence of some members in the justice system.

If in doubt, call the courts yourself. They will most likely direct you to the appropriate forms to complete and away you go……

toriness said :

come on. you’re blaming the registry for not only your parking ticket (when the fact is that you were free to be there/leave any time you wanted!) AND the fact that all correspondence was sent to the postal address YOU provided them with?? if you wanted to dispute the parking ticket, you should have done so within the timeframes stated on the back of the ticket when you got it – and you knew you got it on that day.

Yes. I was directed to stay. No option, no choice, no chance ot argue. Perhaps I have waited in line another hour?
Yes. I disputed the ticket that day, got their name details, faxed it and the receipts showing times to the Parking office.
Yes. The “address’ on the DISPUTE form was where i was staying. Temporarily. Its not my nor my vehciles formal adddress, so the “outside the guidelines” letter, then the Registered mail wasn’t picked up for the Court Summons, and then the Court Outcomes (several) all apparently arrived several months later.
Burn money on a lawyer. $300 an hour?

Why can anyone be taken to court over and over for the same thing, its just plain revenue raising.

I guess you Canberrans have to pay for your governments monumental Gungahlin Drive f#ckup somehow..

caf said :

You need to seek the services of a lawyer.

You have to be joking. You think you’ll end out ‘on top’ if a lawyer helps recover $300?

It doesn’t look like you have a valid excuse to beat the ticket nor for not paying to overdue charges, and it’s your responsibility to make sure it goes to an address where you reside. Why it got to a court date “without knowing” is a bit confusing, given you would have had to correspond with them further by electing to go to court which would have taken a couple of months. If you didn’t pay you will get the “your licence will be suspended” notice well before you ever be required to rock up in court.

You should have just paid it when you received the original knock back. The payment details are on the back of the notice. Pay it now.

I would suggest that asking here for legal advice is merely compounding your folly.

You need to seek the services of a lawyer.

toriness said :

come on. you’re blaming the registry for not only your parking ticket (when the fact is that you were free to be there/leave any time you wanted!) AND the fact that all correspondence was sent to the postal address YOU provided them with?? if you wanted to dispute the parking ticket, you should have done so within the timeframes stated on the back of the ticket when you got it – and you knew you got it on that day.

+1

come on. you’re blaming the registry for not only your parking ticket (when the fact is that you were free to be there/leave any time you wanted!) AND the fact that all correspondence was sent to the postal address YOU provided them with?? if you wanted to dispute the parking ticket, you should have done so within the timeframes stated on the back of the ticket when you got it – and you knew you got it on that day.

“1. I was directed by an ACT Motor Registry to remain there. “

very public servants have any authority or right to tell you what to do.

Tooks said :

3. I did not receive the notices until AFTER the court date and therefore was not given the opportunity to either be present or dispute it.

I’m a bit confused. If you received a parking ticket, then all the instructions and your rights are printed on the back of that ticket. Why has it gone this far?

Tooks, why always confused?

BarNone said :

Dya know how hard it is to get a stat dec signed for a 17 year old that has just arrived from overseas?

Not very hard – take 17yo and passport (as ID) to a Police Station (they’re open 24/7) ask for a Stat Dec form, fill it out and then sign in front of the Police Officer who witnesses the signature. Easy.

3. I did not receive the notices until AFTER the court date and therefore was not given the opportunity to either be present or dispute it.

I’m a bit confused. If you received a parking ticket, then all the instructions and your rights are printed on the back of that ticket. Why has it gone this far?

Watson said :

Having to provide proof of residence to get an ACT licence also doesn’t sound over the top.

How does a 17 year old living with her mum provide proof of residency? Easy: via a stat dec. Oh wait a minute, you have to be an ACT resident to certify they are who they say they are. Even myself as an Australian Citizen could not do it. Dya know how hard it is to get a stat dec signed for a 17 year old that has just arrived from overseas? They would not accept her birth certificate and her mothers lease agreement.
As I said, three trips, probably 5 hours, for a licence transfer. And then a parking fine.

Umm said :

The shop front staff would not have denied your request to put money in the
Meter, they may have advised you that driving with invalid license/rego was a risk for you however…

Them: “You’ll have to wait.”
Me: “But I have to..” (interrupted)..
Them: “No you will have to wait.”
If the ACT government official who deals with licenses and registration TELLS you to wait, I wait.
Sort of have to actually get to the end of the sentence to have that discussion, and they weren’t letting me do it.

Umm said :

Unless you can prove you provided updated address details to Canberra connect you will have a hard time proving you are not responsible for your illegal parking fines.

Ummm, it was a friends daughter, not me, and I was visiting from the Northern Territory. NT plates, NT Licence. The ACT courts sent all the letters and paperwork to a house I was staying in for a couple of weeks down in Batemans Bay.

So back to the question: Whats the process to go through, who do I have to see. Parking Review? Where are they? Since it is already subject to a court order, what can they do.

if you ask me, adding on three court cases for a $70 parking fine is just revenue raising, and a WOFTAM. The outcome is the same regardless.

The shop front staff would not have denied your request to put money in the
Meter, they may have advised you that driving with invalid license/rego was a risk for you however…

Unless you can prove you provided updated address details to Canberra connect you will have a hard time proving you are not responsible for your illegal parking fines.

p1 said :

All else aside, if you have the court notice with a delivery date after the court date you would have a pretty good argument to avoid any late fees applied by the court.

Completely agree. (Unless there’s another notification method)

Wanda said :

Sadly there isn’t much you can do, as ACT has most archaic road regulations in the Nation, that’s why we have the highest rate of unlicenced drivers and unregistered cars (per capita) on the road. I wonder when this inequity and sheer neglect will be addressed?

I also learnt this the hard way, I’ve been told that Woden is the busiest Canberra Connect shopfront in the ACT(seriously overloaded!) Until this waste of life has been addressed, since the availability of Woden parking places and times is abyssmal, it seems if one has to visit Canberra Connect in Woden, then catching a bus/or getting a lift, with a good book in hand is the best way to reduce cost and stress.

Or else, pop over North of the Lake

Huh? What is archaic about the registration or licensing process? Or if parts of it are archaic how does that justify that many unlicensed drivers and unregistered cars on the road? Renewing your rego or licence is a pretty straightforward process I would have thought. Having to provide proof of residence to get an ACT licence also doesn’t sound over the top.

All else aside, if you have the court notice with a delivery date after the court date you would have a pretty good argument to avoid any late fees applied by the court.

Sadly there isn’t much you can do, as ACT has most archaic road regulations in the Nation, that’s why we have the highest rate of unlicenced drivers and unregistered cars (per capita) on the road. I wonder when this inequity and sheer neglect will be addressed?

I also learnt this the hard way, I’ve been told that Woden is the busiest Canberra Connect shopfront in the ACT(seriously overloaded!) Until this waste of life has been addressed, since the availability of Woden parking places and times is abyssmal, it seems if one has to visit Canberra Connect in Woden, then catching a bus/or getting a lift, with a good book in hand is the best way to reduce cost and stress.

Or else, pop over North of the Lake

dixyland said :

You should probably just read the paperwork you’re complaining about. The relevant letters usually tell you in specific detail where to go to find out information and/or what steps to take. If it is not already too late, call Parking Review and explain the situation. Between those steps it should provide a solution for you, though it may not be a solution you’re happy with.

There is only a limited time available for you to contest the fine. If indeed they broke the rules by sending it to the wrong address, you do have a case for not paying the late fees.

I don’t see how you could contest the original fine though. It doesn’t matter where you were when the meter ran out. It is your responsibility to put enough money in or go move your car. They did not restrain you there I assume, so you could have left to put money in the meter (or move your car to somewhere you could park for longer) and joined the queue again on your return.

You should probably just read the paperwork you’re complaining about. The relevant letters usually tell you in specific detail where to go to find out information and/or what steps to take. If it is not already too late, call Parking Review and explain the situation. Between those steps it should provide a solution for you, though it may not be a solution you’re happy with.