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HELP: Parking Fines and being served court notices

By BarNone - 22 October 2011 34

I need some advice.

I went to the Woden Shopfront for my friend’s 17 year old daughter, who was transferring a licence from overseas. Having already been in there twice to get knocked back because she needed proof of residence, we put in the paperwork.

Then the fun started.

We had to wait at the counter.

After an hour ad a half, and a “data fix”, we finally left, only to find a parking ticket.

I went back and complained, they apologised, gave me the forms and faxed it over for me. They needed an address on the letter, so I used a place down the coast as a C/- of.

Then things get more interesting.

The letter saying there was “no provision in the guidelines” and pay up went to that address. So did the registered letter saying come to court. Funnily enough the AusPost registered letter notification is dated AFTER the court date. Then they have sent two “you didn’t pay, so we have charged you more”, letters finally with a “you cant drive in the A.C.T. any more”.

My problem is this:

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

2. The notice was served to an address OTHER than my licence/vehicle registration address, this cannot possibly be legal?

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 strongly disinclined to pay the now $300.

If anyone has any suggestions on how/who to engage please let me know, I have no idea where to start…

Thanks

What’s Your opinion?


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34 Responses to
HELP: Parking Fines and being served court notices
androo 8:22 pm 22 Oct 11

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

toriness 6:39 pm 22 Oct 11

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.

steveu 5:48 pm 22 Oct 11

“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.

ExFeds 5:20 pm 22 Oct 11

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?

Siren 5:15 pm 22 Oct 11

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.

Tooks 4:02 pm 22 Oct 11

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?

BarNone 2:50 pm 22 Oct 11

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.

BarNone 2:46 pm 22 Oct 11

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.

Umm 2:09 pm 22 Oct 11

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.

Henry82 1:10 pm 22 Oct 11

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)

Watson 1:04 pm 22 Oct 11

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.

p1 11:56 am 22 Oct 11

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.

Wanda 11:37 am 22 Oct 11

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

Watson 9:36 am 22 Oct 11

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.

dixyland 9:03 am 22 Oct 11

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.

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