Wrong fine?

Discussion in 'Australian Motorcycles' started by rayone, May 7, 2006.

  1. rayone

    rayone Guest

    Hi.

    I just got fined (yes on a Sunday) for:

    Fail to comply with notice in public place. Offence code: 8646.

    Have a look at the pic: http://ray1.net/ipb.jpg

    Shouldn't I have been fined for something else, like stopping in a no
    stopping area?
    Or parking on the side walk?

    Does any one know how much the "stopping in a no stopping area" fine
    would be?

    Anyway I can get away with it??

    Thanks.
     
    rayone, May 7, 2006
    #1
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  2. rayone

    rayone Guest

    Here is another pic: http://ray1.net/ipb2.jpg
    The "notice" inbetween the "No Entry" and "No Stopping" says:
    No unauthorized vehicles
    No drinking
    I think No littering

    Thanks again.
     
    rayone, May 7, 2006
    #2
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  3. rayone

    paulh.. Guest

    this is unusual?

    Well if you can convince the Magistrate that where you are parked is
    NOT the area the signage refers to you'll be fine. That is, the 'No
    Stopping' refers to the roadway, which you arent parked on. However
    I'd check first that the sign doesnt also apply to footpaths. If it
    does, you done wrong.

    paulh
     
    paulh.., May 7, 2006
    #3
  4. It depends on the local council as well as the state laws pertaining to
    vehicles parking on walkways and footpaths.. But I would say you have an up
    hill battle getting out of this one! Go to your state government web site
    and look up the legislation,, could be a lengthy task or you could try the
    Austria database http://www.austlii.edu.au/
     
    UMGUANAKICKBOODIE, May 7, 2006
    #4
  5. rayone

    alx Guest

    Yes, is there a notice saying "no parking on footpath"?

    The No Stopping would only apply if you were on the roadway.
     
    alx, May 7, 2006
    #5
  6. rayone

    Knobdoodle Guest

    If you're in Victoria I'd reckon you've got a case.
    Any other state and you're up-shit.
     
    Knobdoodle, May 7, 2006
    #6
  7. rayone

    Nev.. Guest

    Actually I think even in Victoria you'll find that the no standing
    signpost is not restricted to the roadway and is applicable to the
    footpath or nature strip there as well... but in the case at hand, I
    think that the "no unauthorised vehicles" section of the notice has been
    enforced. Because the notice obviously applies to the bricked area of a
    pedestrian mall, and he is parked on the bricked area, I'd think that
    the correct infringement notice was issued.

    Nev..
    '04 CBR1100XX
     
    Nev.., May 7, 2006
    #7
  8. rayone

    Uncle Bully Guest

    Your best bet is to go an unscrew the no stopping sign then take another
    identical photo for the court.
    You'll be surprised what you can do if there is no sign there telling you
    not to do it :)
     
    Uncle Bully, May 7, 2006
    #8
  9. rayone

    sharkey Guest

    .... and creating a nuisance?

    -----sharks
     
    sharkey, May 7, 2006
    #9
  10. rayone

    GB Guest

    That's quite clearly the northern end of Victor Street,
    Chatswood in Sydney, NSW, So I guess that puts him up shit!

    The No Stopping sign refers to the roadway in this instance.
    That street (obviously) terminates right there, and the last
    twenty-odd metres on all sides is marked as a "No Stopping"
    zone.

    (In the minds of most, exemptions seem to exist for dropping
    grandma off at the mall and dashing into the post office
    that is on the other side of that street. Chatswood is Sydney's
    second Chinatown, so there's also plenty of scope for forgetting
    how to speak English (and "you discriminate me") if challenged
    in that location.)


    I tend to agree. NSW has a (pretty dodgy in my view) "Self
    Enforcement Infringement Notice System". It's pretty hard to
    tell by looking at the ticket, 'cos the collection is done
    by the State Infringement Processing Bureau, but the infringement
    was more than likely issued by local council rangers. It
    means that you get literally thousands of barely trained
    mouthbreathing monkeys slapping tickets on anything that
    stands still without any form of accountability or responsibility
    for their actions.

    Since the new Willoughby Council chambers have line-of-sight
    vision to where that motorcycle is parked, I wouldn't be too
    surprised if the doorman stepped down from his post for a minute
    and rushed across the road to issue the infringement notice!!!
    Willoughby Council doesn't have a reputation for the degree of
    unaccountable mouthbreathedness in their rangers in the way that,
    say, Waverly Council or North Sydney Council does. To the best
    of my knowledge they don't pay bonuses to rangers who issue
    lots fo tickets the way that City of Sydney Council does either.
    As councils go, Willoughby is relatively benign (but only in
    the sense that some dodgy-enough-to-run-for-office-in-the-first-
    place creeps are more benign than others)


    Given that there is a (free) council car park at the intersection
    of that street and Albert Ave (50m to the rear of the bike as
    pictured) that pretty much always has bike-sized space available,
    a 3-hours-free-per-vehicle-per-day shopping centre car park on the
    same intersection and another free-with-purchase shopping centre
    car park about 15m away from where the bike is parked on the same
    street, I can't see the point of risking parking a vehicle in front
    of a "don't park vehicles here" in that particular location. What
    do you save, a two minute walk at best?

    Some pictures (zoom in one level makes it a bit clearer)

    Bike is parked here:
    <http://maps.google.com/maps?f=q&hl=en&q=-33.7970,+151.1824&t=k&om=1>

    Free-with-Purchase Shopping Centre car park here:
    <http://maps.google.com/maps?f=q&hl=en&q=-33.797632,151.182593&t=k&om=1>

    Council parking here: (I usually park in there)
    <http://maps.google.com/maps?f=q&hl=en&q=-33.798532,151.182797&t=k&om=1>

    Shopping centre car park here (3hr free):
    <http://maps.google.com/maps?f=q&hl=en&q=-33.798363,151.183269&t=k&om=1>


    I suppose the OP *could* have gotten away with it, but he didn't.
    I've never seen a bike parked there. I wouldn't park my bike there.

    GB
     
    GB, May 7, 2006
    #10
  11. rayone

    Knobdoodle Guest

    ....and they all got up and came back over to my side of the jail-cell...
     
    Knobdoodle, May 7, 2006
    #11
  12. Woops,,m,That should say AUSTRALIA,,, not Austria,,,,,,(mental note,,,drink
    a little less:)
     
    UMGUANAKICKBOODIE, May 7, 2006
    #12
  13. ^^^^^^^^^
    'bench'

    ---
    Cheers

    PeterC [aka MildThing]
    Before an accident, most city drivers say "****!", whereas most country drivers
    say "Hang on to this stubby, mate, while I show you some awesome driving"
    '81 Yamaha Virago (XV) 750H (work in progress)
    '01 Yamaha FJR1300

    www.dmcsc.org.au
    http://eladesom.com.au/ulysses/
    # 37181
     
    Peter Cremasco, May 7, 2006
    #13
  14. rayone

    rayone Guest

    Thank you all for your replies.

    GB: You are right on all counts. I know I did wrong, but I want to be
    fined for the wrong I really did. I went to DJ's for 5 minutes... came
    out and caught the bastard putting the ticket on my bike... I didn't
    say anything cos he was still writing something and I figured better to
    just get out of there.

    Yes I agree I should have used the free parking, but u know how it is
    sometimes... 2 minute walk can seem unnecessary.

    I too believe he was issuing the ticket in regard to the Chatswood
    council notice on the column, but that should only apply to the main
    plaza beyond that point... in my opinion.

    Any advice appreciated.
     
    rayone, May 8, 2006
    #14
  15. rayone

    Knobdoodle Guest

    Damn!
     
    Knobdoodle, May 8, 2006
    #15
  16. rayone

    Rocatanski Guest

    In Victoria I believe you can park on any footpath as long as you don't park
    in the entrance court of a building, against a building blocking access for
    the blind as they use buildings as a reference, do not impede access to
    motor vehicles, do not impede pedestrian thoroughfare and don't park next to
    a disabled parking spot. I believe all other areas are fine at least I have
    not been booked parking on footpaths next to No Standing sign in the last 23
    years.
     
    Rocatanski, May 8, 2006
    #16
  17. Looks like they can't get you for No Stopping since you're on the
    footpath. Perhaps they're saying you didn't comply with the No Entry sign.

    You're unlikely to get away with it. Easier and cheaper to cop it sweet.
    Probably just a fine and no points.

    The fine for breaching a No Stopping is pretty fierce if I remember
    correctly.
     
    Stephen Calder, May 8, 2006
    #17
  18. rayone

    Nev.. Guest

    blah blah blah... are you still going on about this...

    Nev..
    '04 CBR1100XX
     
    Nev.., May 8, 2006
    #18
  19. But have you rehabilitated yourself?
     
    Pisshead Pete, May 8, 2006
    #19
  20. rayone

    GB Guest

    wrote in @y43g2000cwc.googlegroups.com:
    Uhm, do you want me to rub it in some more. DJ's is a fifteen
    minute walk from where you parked your bike, and there's free
    rooftop parking (don't enter from the Victoria St gate though,
    'cos the whassnames under the boom gates won't detect a bike)
    1 minute's walk from the DJ's front door.

    Or did you mean GB's (no pun intended!)


    [...]
    It works like this: Since the self enforcement bullshit scheme
    came in, the councils have arranged themselves a nice little
    earner. They like that earner very much thank-you, and they're
    quite happy to fight to keep it.

    As I said earlier, I've not heard any noise about Willoughby
    Council (where you got done) but I do know that some, Manly
    for example, are prepared to fight very-bloody-hard to keep
    their little rort 'legitimised'.

    Manly like it so much that they'll bring in a top-flight
    barrister to deal with every challenge to a sixty dollar
    parking ticket. Standard practice amongst defence solicitors
    and and even Magistrates at Manly Local Court is to advise
    the punters to shut up and pay the fine - it's the lesser,
    and cheaper, of two quite nasty evils. If the punter goes on
    to fight the fine, the $250/day solicitor doesn't stand a
    chance of talking his way out from under the mountain of
    shit that the $2000/day barrister will generate, and so the
    punter gets landed with his solicitor's bill, the barrister's
    bill, whatever 'costs' the council dreams up on top of that,
    and he still has to pay the sixty dollar parking fine. It's
    not right, it's not fair, everyone in the system sees that
    and knows that (that's why even magistrates openly advise
    punters to go outside for twenty minutes and consider their
    solicitor's advice very carefully before proceeding), but
    ultimately, what the Councils are doing is legal, and they
    really cannot be stopped.

    The problem as the Councils see it is that once one punter
    manages to get a sixty dollar parking ticket overturned,
    there'll be a flood of challenges citing the first one as
    a precedent. Once that happens, their little rort is
    cracked wide open, and they need to find a new way to cover
    up what is inherently a corporate financial management (or
    lack thereof) problem. The fuckers can't manage finances
    to save themselves, so they're forever looking for new and
    exciting ways to extract cash from the punters.

    So, the bottom line has absolutely nothing to do with
    wrong or right. You have an authority who has figured out a
    nice little income stream, and they're prepared to fight
    to keep it.


    My position on the situation runs a bit like this: You
    just got a sixty dollar fine. Pay it. Then head over to
    the Bunnings in Artarmon. They sell a cheap clone of
    'Selleys Space Invaders' (an expanding insulating foam
    in an aerosol tin) for about four bucks a can. Make
    sure you get the pointy nozzle that's about the width of
    a coin slot with it...

    The way I look at it, it's gonna cost the Council at
    least sixty four dollars in labour costs alone to clean a
    tin of space invaders out of one of those new-fangled
    electronic parking meters, and it's my view that if it
    cost them more to collect the fine than they made out
    of the fine, then you won.

    (For extra bonus points, piss them about for a few months
    with a bit of letter writing campaign. You won't ever
    get off the fine, but you will help keep their costs up!)


    GB
     
    GB, May 8, 2006
    #20
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