Wrong fine?

*applause*


GB

 

And are you moral enough to burn villages and eat dead burnt bodies?

---
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

 

Try taking your 88 year old handicapped mother for her hearing aids near
there ( there is one handicap space and a 1/4 hr space there (always full))

 

Sad but so true.

 

If only there was an OPSM shop there!

 

Hash Brownies?

 

So go with a $5000 a day barrister followed by 2 senior $1000 a day
'council assisting'


G-S

 

Counsel

 

GB wrote:

They up the fine if you take them on and lose. It'll be more like $260.

 

Fair to comply with notice in a public place is not a fine that is
issued underthe Road Transport Genreal Act (Australian Road Rules). It
is issued under the Local Governement Act. The fine can only be
written when specific signs are in place that prohibit certain
activities, one of which is the parking or driving of vehicles so long
as it is not a road related area.

In my opinion, you fail to meet these requirements as:
a) the signs can only be placed in a mall, park or reserve, and you
are clearly outside the mall. The signs have to be of a prescribed
type, Council name, the Act that is enforced and endorsed by the
General Manager from memory to name a few...
b) you are on a footpath which leads up to the mall which is covered
under the definition of footpath under the Australian Road Rules, and
not the Local Government Act

ARR:
"footpath, except in rule 13 (1), means an area open to the public
that is designated for, or has as one of its main uses, use by
pedestrians.
Note. Rule 13 defines road-related area."

Local Government Act:
"632 Acting contrary to notices erected by councils

(1) A person who, in a public place within the area of a council,
fails to comply with the terms of a notice erected by the council is
guilty of an offence.

Maximum penalty: 10 penalty units.


(2) The terms of any such notice may relate to any one or more of the
following:
(a) the payment of a fee for entry to or the use of the place,
(b) the taking of a vehicle into the place,
(b1) the driving, parking or use of a vehicle in the place,
(c) the taking of any animal or thing into the place,
(d) the use of any animal or thing in the place,
(e) the doing of any thing in the place,
(f) the use of the place or any part of the place.
(2A) However, a notice:
(a) must not prohibit the drinking of alcohol in any public place
that is a public road (or part of a public road) or car park, and
(b) must not prohibit or regulate the taking of a vehicle into, or
the driving, parking or use of any vehicle in, any public place that
is a road or road related area within the meaning of the Road
Transport (General) Act 2005.
Note. A council may establish an alcohol-free zone under Part 4 of
this Chapter for a public place that is a public road (or part of a
public road) or car park (or part of a car park).
(3) The terms of a notice referred to in this section may:
(a) apply generally or be limited in their application by reference
to specified exceptions or factors, or
(b) apply differently according to different factors of a specified
kind,
or may do any combination of those things"

Therefore, you should be guilty of Stop on path in built up area which
is a $75 fine rather than the $110 fine they have hit you with.

They've given you the wrong fine. Beauty is, they can't double dip,
cancel the old fine and write a new one.

I'd write a letter to the council. Probably won't go too well, but, if
you are polite in it and point out these facts and supply your photos
as evidence, the fine should be cancelled.

Otherwise, if you have the time, go to court. You'll have a very good
chance there as long as you take the info with you. amgistrate won't
know the difference, but if you give them the wright information, they
will make the right judgememnt call and find in your favour.

As for City of Sydney, there is no bonus system and all monies spent
by any council is a matter of public record that anyone can check out
any time. Don't blieve everything that Naomi tells you on Today
Tonight...

Good luck with it anyway!

 

Oops.


G-S

 

infra73

U da man!

I greatly appreciate your post, u've given me the confidence to fight
this one. Last time I got fined for "Stop on path in built up area" for
parking under a tree!... it was $60... Crows Nest.

Thank you all again, I have my answer.

 

Actually, no. They *lower* the fine if you plead. It's in the
sentencing book, there's an automatic discount for pleading guilty
at the outset and not pissing the court about for a wide range
(if not all) offenses.

GB, so yeah, I should have said 'forty dollar fine'.

 

wrote in @e56g2000cwe.googlegroups.com:

I'm pleased to see that you've chosen your words carefully.
You have *your* answer, ie: the answer you wanted. You most
certainly do not have *the* answer. If it were my money, I'd
consider carefully just how much I'd paid for 'infra73's
'advice' before I actually acted on it, but each to his own.

Good luck with those $2000/day barristers.


GB, do barristers come that cheap these days? It's been a long
time since I hired one (and thankfully even longer since I
had a fool for a client <grin>)

 

OI! This is Usenet! You're supposed to rip JL a new one for
being such a bloody pedant, not ('oops') concede to his greater
spelling-fucking-authorotah!


GB, I suppose, he did save me the trouble of correcting you...

 

Well yeah, but if I do it all the time it tends to lose effect, so my
sneaky plan is to go 'oops' a couple of times then really surprise him
when I finally rip him a new one

Yes Madame...


G-S

 

Advice comes free. You are not required to have a Barrister in a Local
Court. You can speek on your own behalf. Local Courts have a Lawyer on
hand to offer you free advice anyway. (which I would HIGHLY recommend
going to see).

The council has an agreement with the NSW Police to use their
prosecutor who is not a lawyer or barrister, and that prosecutor will
be running at least 20 cases that day alone. How much fore thought do
you think he is going to put into your case?

Best case scenario would be the fine to be dismissed. I doubt you
would get costs awarded for you as you were still technically breaking
the law for being parked on the footpath.

The magistrate may however make the council pay for court costs for
getting it wrong in the first place and wasting evrybodies time.

They court couldn't give a Section 10 (case proven but no penalty) as
the offence is the wrong one to start with (hence forth you could not
be held liable for court costs).

So, if you have a spare day and you want your voice to be heard. Go to
court. Will not cost you anything but the train ticket there.

Just remember, the magistrate doesn't know every law under then sun,
so they just interpret the evidence presented to them.

 

I went to court to contest a $60 did-not-stop because I didn't see the
cop signal me. I was found guilty and they increased the fine to $260.

 

Probably a $200 dickhead penalty for arguing about a $60 fine.

Nev..
'04 CBR1100XX

 

Hope you put that money you're not paying the fine with into a high
interest bearing account. 150-200% should cover things.

Nev..
'04 CBR1100XX