Should I contest my Parking fine when loading zone was blocked?
At my daughters daycare centre they have a 15 min free parking zone. Workers were constructing a new playground (careworkers happy to provide statement to this effect), and their trucks and vehicles frequently occupied this zone.
During pick up around 5.30pm one afternoon I parked on the opposite side of the road to pick up my daughter (since the free parking zone was full) and received a parking fine for not buying and displaying a ticket.
I can understand why the ticket was issued, and a request for leniency was denied, but I'm just wondering if these circumstances would justify waiving of the fine and if I should risk incurring court costs?
Hi there. Unfortunately your question was not answered sooner by a lawyer. The LawAdvisor Research Team has picked up your question and provided some general advice in relation to your situation. Remember, you still have the option of consulting a lawyer directly at any time by pressing the "Consult a Lawyer" button.
You said you have sought an internal review of the fine but it was denied. You have the option of electing to have the matter heard in court. Your request to have the matter heard in court must be lodged within 28 days of receiving the decision of your internal review application.
If you elect to go to court, you will be sent a Written Notice of Pleading, asking you to plead either guilty or not guilty. A plea of not guilty means you do not agree with the issuing authority’s claim that you committed the offence. If you plead not guilty, a later hearing date will be set for you to attend court and present your case and witnesses. The issuing authority will then present their evidence against you.
If you plead not guilty, a court will take into account everything you say about why you are not guilty of the offence. From the information provided, you may have difficulty proving that you did not commit the offence of failing to purchase and display a parking ticket. The fact that the nearby free parking was unavailable would not be a valid defence.
If you plead guilty, you can still tell the court about the circumstances of the offence, including that the free parking was unavailable. The court may take this into account when imposing a penalty, although it is unlikely to reduce the value of the fine.
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