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Disputing an Infringement in the Magistrates Court & Disabled Parking in the ACT

By Malteser - 23 March 2012 51

I’m considering going to the Magistrates Court to dispute a parking infringement issued to me. Now before you all blast me and tell me to pay up, don’t waste taxpayers money, don’t be a tightarse etc I want you to know I’m not doing an “Dr Enfield’ or anything needless like that (I pay any other fines etc). However, there are very important principals and issues associated with this fine that are making me want to fight ‘The Man’.

I believe I provided sufficient evidence to the Delegate of the Road Transport Authority to dispute the fine, however a withdrawl of the infringement was not granted (twice).  Ok, so there may not be an option for the Delegate to withdraw my claim under the Road Transport Act 1999. I don’t know.  I do know I want to take this further, I am just worried about costs (not $loaded$ unfortunately).

This is where you come in dear readers, have others out there not been granted the withdrawal of a certain traffic fine and successfully disputed the case in court? Or perhaps you thought you had a strong case, went to court and were ordered to pay the fine and the additional costs. I’d actually like to hear from those people and if it is worth going to court or in hindsight would you have just paid up?

Also, what do you think about disabled parking in the ACT town centres? Do you think there are sufficient disabled parking spots that are easily accessible for those in wheelchairs? Do you think some spaces should be restricted in terms of time limits to free up availability throughout the day? Do you think there needs to be more signage to direct drivers to other disabled spots that may not be in the immediate vacinity? There have been a number of ACT Government reports on this subject, I’d just like to hear from readers especially those that use disabled parking either for themselves or for disabled family membres, friends etc

What’s Your opinion?


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51 Responses to
Disputing an Infringement in the Magistrates Court & Disabled Parking in the ACT
Malteser 4:44 pm 23 Mar 12

HenryBG said :

keepitup said :

There’s a maroon Mitsubishi Magna that parks all day every day in one of the four disabled parking spots behind the ACT Govt Shopfront at Woden. Disability or not, I reckon if you can hold down a full time job you can pay for your parking like everybody else.

Yeah – I was in Woden the other morning and while I waited, I saw two drivers pull into the disabled carparks before sauntering into the building for their day’s work. Free parking for them, and no parking at all for anybody wheelchair bound who might have needed to attend an appointment or meeting.

I think disabled spots should be time-limited.
I also think they should stop handing out disabled cards to every malingering Tom, Dick and Harry and reserve them for people who have significant mobility issues, ie, wheelchair users.

You’d think, at the very least, if you decide to use the disabled badge and are quite able to walk more than 200 metres, you’d just use a regular carpark. You can still park for free, but at least you are not taking up a disabled spot for people with severely limited mobility that really, really need them.

And also, while I’m on the topic about parking. People who must always have pole position in a carpark, including sometimes disabled (as these are always pole position) please think. You are going shopping (probably for hours), trapsing around each shop and lugging bags – do you really need to be in the closest car park to ensure you only have to walk 10 metres the shopping centre entry? When in actual fact you’ll probably be walking a couple of kilometres inside anyway. What’s a few extra metres….?

I’ve always thought that really odd, and lazy.

Malteser 4:32 pm 23 Mar 12

BD84 – I don’t know if I’d ever say [i]massive[i] over supply, but there are some locations with free disabled parks the majority of the time.

But then places in Woden, like around the Philip Health Centre, Library and the Gov Shopfront, never have car parks free and I’ve noticed these are taken up for the entire working day by people who work in Woden, rather than the people who need to visit these places during business hours. Disabled people need to work, but disabled people also need to get to appointments etc. Tough call.

Cross – Good advice. Thank you. I’ll go along to one of the court sessions. If I achieve nothing, at least I might come away with an interesting story from the hearings.

Chop71 haha yes, I’ve already imagined my Denis Danuto-esque spiel.

HenryBG 4:09 pm 23 Mar 12

keepitup said :

There’s a maroon Mitsubishi Magna that parks all day every day in one of the four disabled parking spots behind the ACT Govt Shopfront at Woden. Disability or not, I reckon if you can hold down a full time job you can pay for your parking like everybody else.

Yeah – I was in Woden the other morning and while I waited, I saw two drivers pull into the disabled carparks before sauntering into the building for their day’s work. Free parking for them, and no parking at all for anybody wheelchair bound who might have needed to attend an appointment or meeting.

I think disabled spots should be time-limited.
I also think they should stop handing out disabled cards to every malingering Tom, Dick and Harry and reserve them for people who have significant mobility issues, ie, wheelchair users.

Pork Hunt 4:01 pm 23 Mar 12

And then there’s the female security guard who parks her car with a disabled sticker in the disabled spot behind Penrhyn House in Woden and quite ably walks to her work place somewhere amongst the skyscrapers….

cross 4:00 pm 23 Mar 12

I think all you can do is turn up to court on the nominated day with or without a solicitor and plead your case to the judge.Go along one day and sit in to see how it works ,ask the court staff for advice on procedures etc.
I,ve seen one guy get off going through a stop sign and others have had an offense proved but no conviction recorded.
If you think you have a good case go well prepared and well documented but I think the figures for a successful result in these matters is less than 2% of cases going to court.
Personally I would like to see more people defending themselves on some issues that would ordinary not see the light of day because of the huge expense involved and I believe some officials that had out infringements know this very well.

Chop71 3:58 pm 23 Mar 12

is it just the ‘vibe’ or have you nutted this out in ‘the pool room’. I mean what would ‘Mabo’ do?

keepitup 3:46 pm 23 Mar 12

There’s a maroon Mitsubishi Magna that parks all day every day in one of the four disabled parking spots behind the ACT Govt Shopfront at Woden. Disability or not, I reckon if you can hold down a full time job you can pay for your parking like everybody else.

HenryBG 3:28 pm 23 Mar 12

Disabled parks are often clogged up with able-bodied drivers mis-using an elderly family member’s disabled card.

bd84 3:28 pm 23 Mar 12

It’s a bit of a mix. Some wheelchair spots should be made shorter stay, but then people will argue that they shouldn’t rush out to move their car. There are people who incorrectly use their permits, mostly I think using permits from relatives when they are not using it. There are locations with too few disabled spots, and other places with a massive over supply where they are never used and have been put in just because there’s a guideline somewhere saying they should be there..

Malteser 2:54 pm 23 Mar 12

EvanJames said :

I am always puzzled that the conveniently-located disabled spots are allowed to be occupied, for free, all day. What about teh other disabled who need convenient accessible spots to transact business or attend appointments etc?

I agree. Everytime I’ve required a disabled park to take my father to a certain appointment at a health centre the disabled parks are taken up for the entire day. I think this is great for the disabled people who work in the town centres, but not so good for disabled people who need to go to the town centres for only for business, shopping or appointments. It’s a nightmare. They perhaps should make some of them only 2 hour or so limits.

Watson 2:41 pm 23 Mar 12

I don’t use disabled parking myself, but a friend of mine spent considerably more on getting her car fitted with a wheelchair lift at the back than she would have if she would’ve chosen the more standard side opening option because she said disability parks were usually all taken around malls and other popular destinations. So she had to be prepared to park in standard spots where she would not have the space to get a wheelcair out on the side.

buzz819 2:40 pm 23 Mar 12

Sgt.Bungers said :

Are you able to provide a bit more information regarding what happened?

“Excuse me Ma’am, just the fact’s”

Malteser 2:39 pm 23 Mar 12

Sgt.Bungers said :

Are you able to provide a bit more information regarding what happened?

I’m a bit reluctant to (just for privacy reasons), but if you think it would help with receiving advice I guess I could.

EvanJames 2:39 pm 23 Mar 12

I am always puzzled that the conveniently-located disabled spots are allowed to be occupied, for free, all day. What about teh other disabled who need convenient accessible spots to transact business or attend appointments etc?

Sgt.Bungers 2:25 pm 23 Mar 12

Are you able to provide a bit more information regarding what happened?

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