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Offline anotherforumuser

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First thing I would do is write a letter to the council asking for a copy of the photograph to see what evidence that they have. Do not tell them why you want it or admit being there. Just ask for a copy of the photograph. If they cant provide it they have a problem. You are allowed to pull up in a school zone as long as you arent double parked.

If you dont remember what the sign says you should be able to use google street view to look it up.

It is illegal to park in a bus zone. Check and see if you were in an actual bust stop area or just a private school bus area. It is not illegal to stop in a school zone, only illegal to double park in a school zone.
http://www.rta.nsw.gov.au/roadsafety/children/schoolroadsafety/index.html

Legally, all council fines are illegal as stated by the Attorney Generals office, July 8 2010. The constitution of Australia doesn't recognise local government so they dont have the constitutional authority to issue fines. You would win it in court with a barrister but it may not be economically viable.

AFU Dodger Legal services. part of the DeShonki and DeShonket group of legal services.




Offline mondi

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Just have to look up the RTA list of offenses:

Quote
Rule 183 (1) Stop in bus zone (school zone) Fine level - 5 Fine - $265 Demerit points - 2



http://www.rta.nsw.gov.au/rulesregulations/downloads/0711_demerits_parking.pdf



Offline TEZZA

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[quote author=anotherforumuser link=topic=10726.msg169017#msg169017 dat
Legally, all council fines are illegal as stated by the Attorney Generals office, July 8 2010. The constitution of Australia doesn't recognise local government so they dont have the constitutional authority to issue fines. You would win it in court with a barrister but it may not be economically viable.

AFU Dodger Legal services. part of the DeShonki and DeShonket group of legal services.
[/quote]

We have one of their Franchised branch offices up here in Brisbane
Liar and DeShonkey



Offline KV

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First thing I would do is write a letter to the council asking for a copy of the photograph to see what evidence that they have. Do not tell them why you want it or admit being there. Just ask for a copy of the photograph. If they cant provide it they have a problem. You are allowed to pull up in a school zone as long as you arent double parked.

If you dont remember what the sign says you should be able to use google street view to look it up.

It is illegal to park in a bus zone. Check and see if you were in an actual bust stop area or just a private school bus area. It is not illegal to stop in a school zone, only illegal to double park in a school zone.
http://www.rta.nsw.gov.au/roadsafety/children/schoolroadsafety/index.html

Legally, all council fines are illegal as stated by the Attorney Generals office, July 8 2010. The constitution of Australia doesn't recognise local government so they dont have the constitutional authority to issue fines. You would win it in court with a barrister but it may not be economically viable.

AFU Dodger Legal services. part of the DeShonki and DeShonket group of legal services.

Yea i will check the sign tomorrow..but i don't understand if they are illegal...why are they fining..why do they have parker inspectors...doesn't make sense

Are the laws in VIC the same as NSW? Or this is for Australia as a whole?



Offline mondi

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This is not a council fine, it has been issued to you by the council but they can withdraw it and have the police issue it to you and you will then be hit with the 2 demerit points as well.

This is a State government fine not a local government fine but issued via the local council.



Offline mondi

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You will most likely find that the school has complained about this and the school is being targeted at the moment.


Happens here all the time, and yes the rules are pretty much the same down here.....


 



Offline KV

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Oh now i get it...well said...i guess ill just have to pay the fine then...  :irked:



Offline dkabab

nothing new... the missus got one about 6 years ago dropping her brother off too school.
cant remember whether she paid it or not.



Offline anotherforumuser

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This is not a council fine, it has been issued to you by the council but they can withdraw it and have the police issue it to you and you will then be hit with the 2 demerit points as well.

This is a State government fine not a local government fine but issued via the local council.

The council cant withdraw it and have the police re- issue it unless it was originally recorded by an authorised member of the Police Force.

The laws on councils having no authority to issue fines would be overridden in court because there has been such a precedent set already. The only way you could fight it in court would be to use a Barrister. Judges are as dishonest as a regular person and would normally ignore the actual law and go with the precedent. If you had a Barrister the judge would know that the Barrister knows that the precedent is a disregard of the actual law in this case and doesn't overrule the actual law. Problem would be you may have to take it to a high enough court to actually win the case. It doesnt cost the judge anything to be in court and make a ruling that he knows a higher court will over turn, it costs you. They rely on you deciding to not take it any further.

What is interesting is that regular parking fines dont need a photograph as proof and they are given at the time of the offense. In this case they deliberately dont issue the ticket at the time of the offense yet probably dont record a photograph of the event. 
If you were in a bus zone, chances are you are screwed, but still ask for the photo. If its a bus zone where they put portable signs out for and its not a permanent bus stop, that may be another matter again as those signs may not be legal.

When I started commenting on this it seemed to be about parking in a no standing zone. If it is just a no standing zone or a school zone then you can legally stop for under 2 minutes.

I agree that the school has probably complained but at least check and see if you were pulled up in a real bus stop before you pay the fine.

Id still contact the council by mail and ask for a photo, just to stir them up, they will probably say they are not required to take or issue a photo, but it would be worth doing to see what they say.



Offline andecorp

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they will probably say they are not required to take or issue a photo, but it would be worth doing to see what they say.

Then how can they PROVE that it was his car? What if the person that jotted down the number plate read it wrong? Or is someone that doesn't like the driver and taking some personal revenge even if the driver/car wasn't there? Prove otherwise!

And even the photo - if it doesn't have his brother in it getting out of the car, how can it be proven that he was parked/stopped for the purpose of dropping someone off? The car could have been in motion when the photo was taken or simply stopped in traffic.
You make something idiotproof, they'll make a better idiot.



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