Is there anything more annoying than a parking fine? Does your heart skip a beat when you see one? 5 mins late and your $140 poorer… It’s funny how a tiny piece of paper can get you so fired up…
Parking has become a major problem for all Australians and we want to do something about it. Besides introducing a new and exciting way to park your car, we want to educate Australian drivers on the pitfalls of parking and what to look out for. Where better to start than parking fines then. Parking fines can be very expensive and in many cases unjustifiable. So it’s important to understand your rights before you pay.
Probably the biggest offenders in unfair parking fines are our good old friends the local Council. Did you know that close to 20% of Council parking fines are waived on appeal in Australia? The reason is that parking inspectors get lax sometimes and forget to record all the correct details. Also, parking signs that are hard to read or obscured can mean that you’re not at fault. The best thing to do if you receive a fine is take a photo of the car, the surrounding area and the sign itself. If the parking bay had a meter, take a photo of this as well.
Once you have all the evidence you need, you can file a claim with the Council. Most Councils have online application forms or phone numbers you can call to get the ball rolling. Make sure you provide a clear explanation for the reason you failed to comply with the restriction e.g. your car broke down; plus any evidence e.g. photos or mechanic quotes in the event of a car break down. This evidence if important and can help you avoid having to get into a long drawn out saga to get the fee waived.
If the Council does not waive the fine on these grounds, and/or they have not provided a clear reason for rejecting the appeal, it’s worth taking the Council to court if you feel you’re in the right and can afford the procedure. It’s important to note, that if you go to court and the Council wins, you will most likely have to cover the cost of the legal proceedings plus the original fine. If you win, you get the satisfaction of knowing you were right, and the Council will have to pay.
Another common area for confusion around parking fines is private car parks. These are the majority of car parks that drivers will use when parking off street. The two biggest brands in Australia are Wilson and Secure to give you a sense of what parking we’re talking about. It’s important to distinguish a private car park, as there have been recent court cases where the Judge has agreed that ‘fines’ issued on these premises are not legally binding.
In reality, these private car parks have no legal authority to ‘fine’ offenders, but they issue these fines in the hope that you will just pay them anyway. The private car parks claim that by entering the premises and parking your car, you’re entering into a legal contract. So where is this contract? These are the signs on the entrance with all the Terms and Conditions in the 2 pt font. You know the signs that you would need a set of binoculars to read. If you do get a fine at a private car park, it’s best if you contact the company and dispute the penalty.
We hope this helps if you’re wondering what to do when you get a fine. Ultimately, the best way to avoid a parking fine is to book parking with Parkhound. Because you can book parking for as long as you need, extend when you want to, and take advantage of our reminders and notifications, there is no reason to stress about getting a fine.