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HELP: Parking Fines and being served court notices

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.

I tried to leave (parking meter) but was told I could not. The exact words used were “I’m sorry but you will have to wait”.

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


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34 Responses to HELP: Parking Fines and being served court notices
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Mysteryman Mysteryman 12:14 pm 24 Oct 11

BarNone said :

Holden Caulfield said :

I suggest you manage your parking better next time and find a spot that allows for an open ended return.

It’s called taking responsibility for your actions.

Fair enough. As a visitor, I would have thought an hour would have been long enough to transfer a licence when all documents were ready (and on the third or fourth visit, I forget). Clearly not. I should have taken a taxi, a cut lunch and a sleeping bag.

The ironic thing is that I was detained by an ACT Motor Registry pube, so an ACT motor registry parking inspector could book me. Maybe that’s on Woden’s KPIs?

You weren’t detained. They said you’d need to wait, and you chose to wait. It takes 2 seconds to say “I need to put money in the parking meter”. Had you actually said that there wouldn’t have been an issue. But you didn’t. We all know the person serving you didn’t jump the counter and cover your mouth with their hand, so why didn’t you just speak up? Or, you could have just given $2 to the girl you were with and gotten her to do it for you. Quite simple, really.

carnardly carnardly 10:31 am 24 Oct 11

why couldn’t you have given the kid a few coins and sent her out to shove some money in the meter. Or you get her to wait while you dash out.

I have no sympathy for you whatsoever – suck it up.

ExFeds ExFeds 11:04 pm 23 Oct 11

BarNone said :

ExFeds said :

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……

EXCELLENT! Thank you for your help. I will call them Monday.
5 * 🙂

BarNone said :

ExFeds said :

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……

EXCELLENT! Thank you for your help. I will call them Monday.
5 * 🙂

Happy to help…let us know how you get along

buzz819 buzz819 5:36 pm 23 Oct 11

BarNone said :

Felix the Cat said :

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?

She has a medical condition. Wasn’t possible.
And yes, I put that in the letter to them as well.

Wow, I would hate to have a medical condition that did not allow me to stand by myself for 5, but at the same time would allow me to be in charge of a 1.5 tonne piece of metal that can travel at over 100km/h.s

BarNone BarNone 1:16 pm 23 Oct 11

ExFeds said :

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……

EXCELLENT! Thank you for your help. I will call them Monday.
5 * 🙂

BarNone BarNone 1:14 pm 23 Oct 11

Felix the Cat said :

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?

She has a medical condition. Wasn’t possible.
And yes, I put that in the letter to them as well.

BarNone BarNone 1:13 pm 23 Oct 11

trevar said :

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.

OMG, some sense! I should have had that fish in my ear

BarNone BarNone 1:12 pm 23 Oct 11

Holden Caulfield said :

I suggest you manage your parking better next time and find a spot that allows for an open ended return.

It’s called taking responsibility for your actions.

Fair enough. As a visitor, I would have thought an hour would have been long enough to transfer a licence when all documents were ready (and on the third or fourth visit, I forget). Clearly not. I should have taken a taxi, a cut lunch and a sleeping bag.

The ironic thing is that I was detained by an ACT Motor Registry pube, so an ACT motor registry parking inspector could book me. Maybe that’s on Woden’s KPIs?

Holden Caulfield Holden Caulfield 12:14 pm 23 Oct 11

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 you started it.

I suggest you manage your parking better next time and find a spot that allows for an open ended return.

It’s called taking responsibility for your actions.

Tooks Tooks 9:38 am 23 Oct 11

ExFeds said :

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?

Always? What a strange comment.

trevar trevar 8:12 am 23 Oct 11

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.

Tooks Tooks 7:57 am 23 Oct 11

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.

BarNone BarNone 6:54 am 23 Oct 11

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….

Felix the Cat Felix the Cat 6:39 am 23 Oct 11

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?

ExFeds ExFeds 1:07 am 23 Oct 11

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……

BarNone BarNone 11:55 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.

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..

Henry82 Henry82 11:32 pm 22 Oct 11

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?

bd84 bd84 11:09 pm 22 Oct 11

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.

caf caf 9:56 pm 22 Oct 11

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

You need to seek the services of a lawyer.

androo 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

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