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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 538
Experience:  Principal Lawyer at Legal AU Pty Ltd
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I'vebeen charged with a parking offence, Sorry, I've been

Customer Question

Hi
JA: Hello. How can I help?
Customer: Hi,I'vebeen charged with a parking offence
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: Sorry, I've been charged with a parking offence in NSW (Parking in a bus zone). There are two signs a white sign saying "Bus Zone" and then within a designated are a yellow sign saying "Bus stop school days only. My car was parked during school holidays. Actually I had two cars that were booked. I sought a review and received a caution for one of the vehicles but a fine for the other. I've elected to have this matter heard by the court. I thought that the yellow signed qualified the White sign. I've parked my cars for the past 13 years in the same spot on week ends and school holidays and have never been fine until now. What will happen if I plead guilty, can I have the matter dismissed due to the ambiguity of the signs?
JA: Do you need to appear in court?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: Basically is it better to admit the offence as I clearly did park the car and seek to have the matter dismissed, if that is possible
Submitted: 1 month ago.
Category: Australia Law
Expert:  John Melis replied 1 month ago.

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Expert:  John Melis replied 1 month ago.

Dear customer, in relation to your important matter, parking fines are called a direct liability offence. In your particular circumstance, if you did park in the incorrect location, you are correct by saying that you should admit the offence to the court. Where you are contesting the signs and the ambiguity, I recommend that if there is time that you engage a road traffic engineer, who will assess the signs in question, and they can provide you with a qualified report in your defence if the signs are ambiguous in nature, which causes confusion to the vehicle driver. This report will in aid your defence and the Magistrate hearing the case will take that fact into account whether to dismiss the penalty or maintain the same.

Where the signs are wrong, and on occasions that may be the case, the law will come to your aid to protect you.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

Customer: replied 1 month ago.
Hello John,Thanks for the advise. Just a couple of things. My son has been communicating with the council that issued the notice and there reply was that they had spoken to STA who have confirmed that the bus zone should be a part time school bis zone at this point of time (namely 7.00 an to 9.30 am and 2.30 pm to 4.30 pm School Days Only) This is to be confirmed by the STA but in the mean time Council's enforcement officers have been notified of this inconsistency and advised not to issue breach notices at these stops outside the above hours". Also the yellow Sign "Bus stop School Days Only" has been replace by a sign "Bus Stop". Do these facts allow me to argue that my understanding of the sign is a honest, reasonable though mistaken belief. I'd appreciate a reply by return as I'm about to go to court now
Expert:  John Melis replied 1 month ago.

Dear customer, if you can have a council enforcement office attend the hearing, to assist in support evidence this would greatly help your son, or alternately a letter from one of the officers that explains the present discrepancy that is occurring.

If you can arrange this type of supporting evidence it will greatly help the situation for your son's defence.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis