Parking Infringement

[jazzlobber]

so my story goes like this....

Park in a 2p area @ 9am, its a community 2p parking area, with access to the park and tennis courts etc

anyway i park here most days (mon-fri) because i work close buy.

i then comes out at 11am to move my car to a different bay, on the same side but separated by about 6 or so cars in the same area, but obviously a different parking spot.

comes out at 1pm to move again, normally i'll then move it to a 3p around the corner but low and behold i've been done with a parking infringement for $57 bucks.

I was hit at 12:36pm, i.e. i still had about 25mins remaining up till 1pm!!!!

I was mega annoyed anyway, complained to chick on phone; wrote a letter of complaint and filled in the online form for appeal and wrote another email of complaint,

So currently i'm waiting to hear back and hoping for them to withdraw.

Council is Boroondara, east hawthorn,

anyway i thought to myself no way they can get me i parked up at 11am my work colleague saw me head off at 11am to move the car (he uses this spot too) and was done at 12:36, i thought the dude had just got it wrong, i parked in a different spot but on the same line of bays if you know what i mean.

and i'm still pretty sure i'm okay but i note its classed as a 2P area and i'm wondering if you have to move out of the area after 2P and not just move into a different bay.

I could of course say i moved the car out, went round the corner and moved straight back in and i'm legit?

anyone come across this before.

I have seen the parking inspectors before and it was usually a red mark, not quite chalk but a red mark on the top of tire on the rear right hand side wheel but i dont see this all the time.

i never noticed this on my car either this time.

I'm pissed because i believe i'm in the right and fully expect the council to tell me to F Off and just pay the fine.

any advice? has this happened to you.

If i take it to a magistrate i guess if i lose i could be up from some legal bills but i would plan to represent myself and not pay for a lawyer. Just wondering if it would be easier to pay the $57, but i'm pretty sure i'm in the right here and on principal should not pay this

 

[plusnq]

so my story goes like this....

Park in a 2p area @ 9am, its a community 2p parking area, with access to the park and tennis courts etc

anyway i park here most days (mon-fri) because i work close buy.

i then comes out at 11am to move my car to a different bay, on the same side but separated by about 6 or so cars in the same area, but obviously a different parking spot.

comes out at 1pm to move again, normally i'll then move it to a 3p around the corner but low and behold i've been done with a parking infringement for $57 bucks.

I was hit at 12:36pm, i.e. i still had about 25mins remaining up till 1pm!!!!

I was mega annoyed anyway, complained to chick on phone; wrote a letter of complaint and filled in the online form for appeal and wrote another email of complaint,

So currently i'm waiting to hear back and hoping for them to withdraw.

Council is Boroondara, east hawthorn,

anyway i thought to myself no way they can get me i parked up at 11am my work colleague saw me head off at 11am to move the car (he uses this spot too) and was done at 12:36, i thought the dude had just got it wrong, i parked in a different spot but on the same line of bays if you know what i mean.

and i'm still pretty sure i'm okay but i note its classed as a 2P area and i'm wondering if you have to move out of the area after 2P and not just move into a different bay.

I could of course say i moved the car out, went round the corner and moved straight back in and i'm legit?

anyone come across this before.

I have seen the parking inspectors before and it was usually a red mark, not quite chalk but a red mark on the top of tire on the rear right hand side wheel but i dont see this all the time.

i never noticed this on my car either this time.

I'm pissed because i believe i'm in the right and fully expect the council to tell me to F Off and just pay the fine.

any advice? has this happened to you.

If i take it to a magistrate i guess if i lose i could be up from some legal bills but i would plan to represent myself and not pay for a lawyer. Just wondering if it would be easier to pay the $57, but i'm pretty sure i'm in the right here and on principal should not pay this

Last time I took it to court the magistrate doubled the fine and added costs. Your call. Good luck.

Cheers

Shane

 

[jazzlobber]

Dude, what happened in your case?

what were the extra charges? was it a hell of alot more?

Anyone know anything about a regular 2P vs 2P Area?

i find nothing on the boroondara website or Vic Roads about this, and i've looked.

 

[eternit]

I think it all depends on if your tyre still had the chalk mark on it. If so then it would make sense for the ticket otherwise you should not get a ticket......

 

[jaycee]

I parked my scooter on the footpath outside shops. Next to a street sign and parked bicycles.

1/2 an hour later....$100 fine for parking a vehicle on a footpath. So much for riding it to work to save money by not paying for parking !

 

[Project1080]

In Melbourne they allow motorbike parking on the footpaths to promote more efficient/less impact transport in the city and ease parking problems. Top idea in my book.

I would have thought the sticker lickers wouldn't be allowed to physically touch (chalk) your vehicle nowadays. In SA they take note of your rego then come back.

Assuming you're actually in City of Perth - read clause 3.9.
http://72.14.235.132/search?q=cache...g.pdf+parking+law+wa&cd=3&hl=en&ct=clnk&gl=au

Whilst it doesn't specifically stipulate other than 1 hr, I,m pretty sure there's an amending by-law somewhere covering other time limits.

8.9 allows them to chalk your tyres.

Project 1080.

The project 10 IPs in 80 mths.

 

[Project1080]

What was I thinking Jizzlobber? You're in Vic.
Nonetheless, similar laws probably apply.

Project 1080.

The project: 10 IPs in 80 mths.

 

[geoffw]

Jizzlobber
Sorry.

You obeyed the letter of the law, not the spirit of the law.

That was short term parking. You've used it as long term parking- but just moving the car every few hours.

Even if you pay the fine you're probably better off than having to have paid the full parking for all the time you've been there.

 

[buzzlightyear]

anyway i thought to myself no way they can get me i parked up at 11am my work colleague saw me head off at 11am to move the car (he uses this spot too) and was done at 12:36, i thought the dude had just got it wrong, i parked in a different spot but on the same line of bays if you know what i mean.

and i'm still pretty sure i'm okay but i note its classed as a 2P area and i'm wondering if you have to move out of the area after 2P and not just move into a different bay.

I could of course say i moved the car out, went round the corner and moved straight back in and i'm legit?

anyone come across this before.

I have heard of this before and was explained some time ago on Jon Faine's 774 morning program by the lawyer that comes in every week. The by-laws are written to mean that when you park in a bay you are only allowed to park in between the section of car parks book-ended by the sign posts for the time nominated.

So for example, there are a row of 5 car spots, with a 2P sign posts at the first bay and another at the 5th bay. You are only allowed to park in between those signposts (not car parking bays) for 2 hours, irrespective of the free car parking bays that might be available after the 2 hours.

 

[GreatPig]

You are only allowed to park in between those signposts (not car parking bays) for 2 hours

For 2 hours over what time period? In other words, how long do you have to be away from the parking bays before you can park there again?

GP

 

[BKR]

I just got smashed yesterday. Parked in the valley to ask the water board some questions, when I returned, no car. Time 4:15 and it was a clearway after 4 Car was down the road at the towing company, cost $2 parking, $202 towing fee and a $120 fine issued at 4:10. I better ck the time before I park around there again.
jizzlobber I would just pay it and forget it, for $57 it just isn't worth wasting your time.

 

[Perp]

and i'm still pretty sure i'm okay but i note its classed as a 2P area and i'm wondering if you have to move out of the area after 2P and not just move into a different bay.

Yes, you do have to move to a different area. I'm not sure of the distance, it probably varies by Council, but usually you're not allowed to park in another bay within something like 250m.

I could of course say i moved the car out, went round the corner and moved straight back in and i'm legit?

No, that wouldn't be legit. What you're doing is not within either the spirit or the letter of the law, shifting between 2 hour parks all day. The whole point of them limiting parking to 2 hours is that they don't want people using them for all-day parking; they want the parks to be available to people using the leisure facilities.

 

[wylie]

Just pay the fine and find somewhere else to park that doesn't take up the facilities that they are providing the parking for. If you were trying to run a business and wanted customers to be able to park nearby to spend in your business and had people like yourself hogging a parking space all day, every day, would you be happy?

I once added extra money to a city meter for a second hour's parking, having no idea that this was not okay. I copped a fine and it was only when I queried it that they explained that there is a time limit, and leaving my car there for another hour and paying for another hour is not allowed.

 

[jazzlobber]

Yes, you do have to move to a different area. I'm not sure of the distance, it probably varies by Council, but usually you're not allowed to park in another bay within something like 250m.

that is interesting, can you point me in the direction that states this? 250m seems pretty defined, i'd be interested to find out where that comes from?

 

[steveadl]

I'll make some observations based on my carpark patrolled by council in SA, take from them what you will:

- They don't come out every 2hrs ie. impossible to check every car at 11, 1, 3pm on the dot - so the fine you got may be as far as they're concerned for the 9-11am slot they just got there late.

- They can come around more often and use a different method (eg. different colour chalk) to mark the cars every hour incl. some cars for a second time.

- Did you remove all evidence of the chalk mark incl. in the tire grooves?

- If you do this regularly, depending on the inspector, they start to remember cars and write down license plates, which leads me into my next point....

- In SA, technically the parking act states (according to one of the inspectors I'm friendly with) that the car must be removed from the same carparking bay/zone for a certain period of time (I think from memory it's 1hr) - so the argument of moving your car 3 spaces up every 2hrs will not get you very far in front of the council/magistrate.

- In SA if a council inspector catches you wiping off the chalk mark they can fine you on the spot couple hundred bucks from memory (this is just what the inspector said though, never heard of it happening).

- 9 out of 10 people who appeal a ticket get rejected. Heck even a customer of mine who was dropping of her elderley disabled mother for 2 mins (disabled parks were on opposite side of where her mother needed to go) had to argue the fine for months, and even when it was cancelled in the end they told her if the same thing happened again the fine would stick.

 

[softmonkey]

It never fails to amuse me how many car-shifters are simply amazed when they are caught out.

Just imagine you're a parking inspector. Not only do you have some chalk, a notepad and perhaps a whizbang car tracking gadget, but you actually have a brain and a functioning memory. You see the same people in the same cars with the same numberplates parking in the same spaces and going into the same offices, day in and day out. And then they think they can move their car every two hours and you won't notice... heh.

Don't worry, I'm on your side though. Your mistake as a social insurrectionary was in moving the car only 6 spaces away. Here's how to stick it to the man - pay for full day parking, the parking inspector fails to meet his quota and gets laid off. Woot! Yeah, that's the way I roll.

 

[The Y-man]

Here's how to stick it to the man - pay for full day parking, the parking inspector fails to meet his quota and gets laid off. Woot! Yeah, that's the way I roll.

East Hawthorn has no concept of full day parking - even if you want to pay, the few around are full by 9:00am (I know - I tried the other day when I decided I couldn't be bothered walking a kilometre throught the rain)....

Cheers,

The Y-man

 

[softmonkey]

East Hawthorn has no concept of full day parking - even if you want to pay, the few around are full by 9:00am (I know - I tried the other day when I decided I couldn't be bothered walking a kilometre throught the rain)....
Cheers,
The Y-man

Ok I do appreciate the difficulty when local governments don't think things through. Still, keeping tongue in cheek - tis a property investment forum, right?

http://www.commercialrealestate.com.au/realestate/hawthorn-east/vic/parking-space/for-sale/

 

[The Y-man]

Ok I do appreciate the difficulty when local governments don't think things through. Still, keeping tongue in cheek - tis a property investment forum, right?

http://www.commercialrealestate.com.au/realestate/hawthorn-east/vic/parking-space/for-sale/

OMG - I might just buy it for my own use! Mind you it's almost as far as where I normally park (near cnr Rathmines/Auburn Rd) to where I need to get to (Swinburne Uni - cnr Williams Rd and Burwood Rd to the left of map)

Cheers,

The Y-man

 

[ChrisBarras]

I have heard of this before and was explained some time ago on Jon Faine's 774 morning program by the lawyer that comes in every week. The by-laws are written to mean that when you park in a bay you are only allowed to park in between the section of car parks book-ended by the sign posts for the time nominated.

So for example, there are a row of 5 car spots, with a 2P sign posts at the first bay and another at the 5th bay. You are only allowed to park in between those signposts (not car parking bays) for 2 hours, irrespective of the free car parking bays that might be available after the 2 hours.

This is correct, i got fined a couple of years ago for exactly this, i had moved my car into a different parking bay and was then fined as i hadn't moved "from the area" that is what was explained to me when i call to complain.