Save Money By Legally Disputing Fines
As Seen On
My complaint is that the council issued me a ticket for parking on a verge, but the ticket stated I was on a different street from the one I was actually on.
Do you think I have a case to dispute the ticket because of the wrong information?
I think so. They may just reissue the fine with the updated details but it’s possible that they decide not to proceed.
The problem is with private companies in WA (wilsons operated) – once they have wheel jacked you – they have you over a barrel – even with very unclear signage (photos taken) they just ignore the appeals sent and you have to pay to get the wheel jack off to move your car…
Have kept the photos and corro to no avail – thinking I will need to take it to the ombudsman… next step
The ombudsman only deals with government agencies so you won’t get much help there. You could lodge a complaint against them online to the Department of Mines, Industry Regulation and Safety here – http://forms.commerce.wa.gov.au/consumer-protection/complaint
Parked car on Young Street, Wayville November last year for about 2 hours (Sat Morning), the parking signage shows 2 hours parking, this is the first time we parked on that spot, I double checked the signage before we leave. Received the fine when we back the car, the signage has been changed to temporary parking signage and not allow to park car over there.
Contacted the Unley council and received the email below:
“The temporary parking signage was not changed after you parked. All temporary signage is only changed during business hours and not weekends.”
There is another car parked there after us and received the fine as well, if the temporary signage was there, how come both drivers ignore the signage ?
I too saw this on Today Tonight and love the concept. Most people simply pay up when hit with a parking fine, even if they disagree with it. It’s been a ploy of councils for many years, knowing that fighting a comparatively small fine is not worth the cost, time and inconvenience. I’ll be promoting the site in my op/ed column.
Great idea…. Keep up the good work
Thanks Andri, you can help by telling all your friends 🙂
I would like to know about parking in a disabled zone when you have a medical condition, but no permit. Late at night in a shopping centre, which has many disabled bays, i was fined $353. I have disputed it, but council insist i pay up.
I seeked legal advice, the lawyer said its “a petty instance of the offence” as there was no demand for the disabled parking spots at the time of day. No embarrassment caused to other motorists.
I said i was purchasing food & liquid to take with my medication. I provided letter from psychiatrist to verify my condition. Im in SA.
Unfortunately, once you have asked for a review I believe the only option left is to go to court and appeal it there. That has it’s own risks though as the costs to you can increase if you lose.
Not in SA, i found theres another avenue of appeal which is Ombudsman SA. The lawyer i consulted with said not to go to court. I was also instructed by another lawyer to contact my local MP.
Below is an article, i found about my local council.
The state Ombudsman office, which mediates complaints about councils and State Government departments and agencies, said of the 59 complaints against West Torrens Council, the largest number were for parking and other fines (24) while nine were for planning and development issues.
Statewide, most grievances against councils related to unreasonable enforcement of parking restrictions (19.8 per cent), inappropriate development (8.7 per cent) and inadequate complaint handling processes (5.8 per cent).
West Torrens chief executive Terry Buss said one reason behind his council’s high number of complaints was that it actively encouraged residents to complain to the Ombudsman if they was not satisfied with the response they received from the council.
“Approximately 50 per cent of complaints in the 2015/16 year were rejected by the Ombudsman on the basis that they were deemed unnecessary or unjustifiable,” Mr Buss said
Under the Local Government Act, anyone can force an independent review of a council decision, at no cost to the complainant.
In Mr Lines’ report, Mitcham said the review process was being used to “frustrate the business of council”.
Mitcham chief executive Matthew Pears last week said the review clause was “too onerous” on councils.
“At the very least, a review should only proceed if it can be demonstrated the request for review has some merit beyond disagreeing with the final decision,” Mr Pears said.
Anyone out there in the same situation as me?
That’s an awesome find Tim, it sounds like going to the ombudsman is an option that everyone should consider if they are unhappy with the outcome of the council review? Will you be doing that?
Sure i will be going to Ombudsman SA. Not sure how it works in other states. Concurrently i recommend contacting local MP.
I made another discovery, Ombudsman SA has a 2015-2016-Annual-Report.pdf, on page 17 is of particular interest to us. (unreasonable refusal to waive parking fine) Case # 2015/10731 & Unlawful issuing of expiation notice case # 2016/02043.
You’re on a roll! Taking more cases to the ombudsman will really help put pressure on councils to do the right thing in the first place. Cases that go there are expensive for them and costs nothing for the individual. I’m going to contact the ombudsman in each state and if they accept them then I’ll add it to the bot 🙂
This fact sheet for the Victorian ombudsman has a nice summary:
When considering whether to conduct an investigation into an infringement notice, the onus is on the person who is appealing the infringement to demonstrate objectively why it would be unreasonable or unjust for him or her to seek remedy through the courts.
To park in a disabled bay you normally need to be the holder of a valid permit. The names vary by state. Having a medical condition, even with a letter from a medical professional does not allow you to park in a disabled bay but it will make getting a permit easier. They are called acrod permits in WA unfortunately I don’t know what they are called in SA
Some years ago I got a letter in the mail from a debt collection agency claiming that 9 months previously I ‘supposedly’ parked in a private car park where I had to purchase and display a ticket on the dash. They claimed that I had not done this. They wanted $85. Since I have never been anywhere near this place, I asked for proof by sending me the photo of my vehicle. Oops, they replied, there was a mistake in the recording of my rego number…Yeah, right…
Excellent website and easy way for people to help themselves from greedy Councils
Saw this tonight on channel 7 ‘Today Tonight’ in Adelaide. I think this is a great idea. Wish I’d known this before. Will put this in my phone and spread the word. Thank you to the clever gentleman who came up with this idea as I think it will help many:)
i think this will help if you feel you were cheated….as opposed to disgruntled
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