Parking Fine
I received a parking fine for parking in an unlisted alleyway behind my cafe. The infringement was for failing to leave 3 metres of road for other vehicle to pass. The street location on the infringement is listed as council lane, however, we were not able to find that this lane listed in landmarks Victoria. The laneway is no more than 3 metres wide and is a dead end lane and I don't believe it fits the definition of a road as it is not used for motoring vehicles and has the back entrances to many restaurants open directly onto the laneway. Is it a good idea to contest the fine?
Hi there. It is certainly possible that the parking fine may have been incorrectly issued. If you can prove this, you may not be required to pay the fine.
The regulations which deal with parking offences generally
are called the Road Safety Road Rules
2009, which can be found free online via www.austlii.edu.au. It is
not entirely clear which rule the council has relied on in issuing you with this
fine. It is advisable that you contact the council directly and ask for the
legal basis for the fine. In addition, often councils have their own process
for review of fines. If your council is unable to provide a legal basis, or
they can and decide that you do not have a good enough argument to void the
fine, it is possible to contest the parking fine in the Magistrates Court.
Court is a stressful and expensive option, so it is only recommended if you
believe that you have a persuasive argument which would render the fine void.
If the court finds in your favour, the fine will be withdrawn. However, if you
lose the court may decide that you may have to pay the council’s costs.
Suggested way forward
If you do decide to take the matter to court, and would like some more advice, you can use LawAdvisor to find a lawyer in your area who is experienced in infringements. By pressing the "Take Action" button through LawAdvisor - which opens in October - we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of service.
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