How do you fight an infringement???

[Merlin]

Just wondering, can anyone tell me (or direct me in the right direction) on how I go about fighting an infringment notice in NSW, issued by Blacktown City Council?

The other morning my girlfriend dropped me off at Seven Hills train station (in my car). Anyway she pulls up outside the front, and stopped at a pedestrian crossing to allow someone who was about 20 metres away to cross. While this was happening I jumped out of the car (it was a no stopping zone) and went and got my train. As Im walking off I see to parking cops taking down the rego. Two weeks later I recieve a $226 fine for the heinous act of "stopping on or near a pedestrian crossing". According to the fine I have two options - 1) Pay, 2) Elect to take to court.

Just wondering what can I do besides going to court? Can I write a letter to someone?

I was just going to pay cause i thought it would be like $80 or something, but $226 is a big slug in the pocket! :mad:

[Speedy Gonzales]

What a load of crap.


I would take it to court, fair enough if your car is parked for a period of more than 5 mins, but briefly just to drop some1 off at a train station? Overzealous wankers by the sounds of it.

Read the post Speedy. Parking cops, NOT Police!!!!!

[jsttry]

There should be a contact number on the infringement notice. Contact them and ask if it is possible to sign a stat dec explaining the situation. That's what I did when fined for parking in a loading zone. I described that the sign wasn't visible and was given a pardon.

[Devil CV8]

I'd suggest that AN offence has occured but wether its your GF's offence or yours depends on a few things.

Option 1. I take it your GF was still in a traffic lane and had stopped to let a pedestrian cross and you took the oportunity to exit the vehicle. In this scenario you GF could argue that she didn't intend for you to leave the vehicle and there was no way she could stop you. This would suggest that she hasn't commited an offence. You on the other hand by exiting a vehicle in a traffic lane may have committed an offence... J walking maybe... Maybe one of the officers on this forum could give a "off the record" piece of advice.

Option2. Your GF pulls over in a no stopping zone to let you out... No outs with this one, she is guilty of stopping in a no stopping zone.

Option 1 is the only way I can see any grey area...

[kaniSS-81]

Thats rediculous mate, fight that one to the end..


I think the courts have like a $60 fee or something when you fight the fines not to sure.... but dont cave in and pay the fine.... thats just plain stupid.

:box:

[Merlin]

Devil CV8 - it is a mixture of Option 1 and 2.

How about Option 3 - My GF pulls up at a pedestrian crossing, which just happens to be in a no stopping zone. I take the opportunity and exit the vehicle. The vehicle was stopped for maybe a few seconds, and there were pedestrians about (peak hour at a busy railway station).

PS - what gets me is that the fine was NOT for "stopping in a no stopping zone", but for stopping "on or near a pedestrian crossing". We clearly stopped about a metre BEFORE the crossing, and there were pedestrians about.

PPS - jsttry - thanx 4 the advice but there is no phone number on the notice.

[Devil CV8]

Devil CV8 - it is a mixture of Option 1 and 2.

How about Option 3 - My GF pulls up at a pedestrian crossing, which just happens to be in a no stopping zone. I take the opportunity and exit the vehicle. The vehicle was stopped for maybe a few seconds, and there were pedestrians about (peak hour at a busy railway station).

PS - what gets me is that the fine was NOT for "stopping in a no stopping zone", but for stopping "on or near a pedestrian crossing". We clearly stopped about a metre BEFORE the crossing, and there were pedestrians about.

PPS - jsttry - thanx 4 the advice but there is no phone number on the notice.
Sorry, that doesn't make sense.... Was she in a normal traffic lane or did she pull over to the gutter? If in a normal traffic lane when she stopped (for no pedestrians) option 1 can still apply, she was being polite and about to let someone cross.

[VeeTee346]

I know this station well, and seen plenty of drivers cop it by dropping off in the no stopping zones.. though I know you didn't do this, option 1 applies here.

But I think the central point they'll argue is that you had essentially stopped proper because a passenger got out of the car.. regardless if anyone was crossing and the car couldn't move anyway.

You'll know next time where to drop off where there's always space - simply drive into the ground level of the multi deck car park and plonk yourself wherever you want! Only a couple more steps to the station ramp.. that's what I used to do to avoid the infringement nazis..

[Beej]

Because it is a council parking fine I would suggest writing a polite but concise and firm letter is the best first option. As well as the circumstances, make it clear in your letter that if not resolved you do intend argue your case before a magistrate. I have done this a couple of times to get out of really crappy/unfair parking fines I have recieved from council parking nazi's where I live, and have been let off.

If you do go to court remember it is usually easier for the magistrate to let you off if you plea "guilty with exuse" rather then "not guilty" - but it would depend on the exact working of the offence and your story etc. At least that's what my solicitor told me when I took a speeding fine to court many years ago (in NSW).

Cheers,

Beej