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I have received a parking fine for being in a no stopping

Good Morning, JA: Hi. How can...
Good Morning,
JA: Hi. How can I help?
Customer: I have received a parking fine for being in a no stopping area. The sign is well above the height of all other signs in the street (Say 3 meters), as there is a clearway after 4.30pm. Is there any regulation regarding the maximum height of a sign?
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: Victoria, Booroondara Council, fine is for parking in Toorak Road Hawthorn East.
JA: Do you need to appear in court?
Customer: I have disputed it & they have sent me photos, which show the sign, but I did not see the sign when I parked there on my first day in this job. I got booked on my second day. I was hoping they would understanding, as I had been unemployed for 7 months prior to this role, but no luck!The sign is not very clear & I have photos proving this, but I am not sure if it is worth going to court over $159.00
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you
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Answered in 1 minute by:
9/19/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,108
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Ask Your Own Australia Law Question

Good Morning

Unfortunately no there is no regulation about the height.

If you can show that it would have been missed by the average person and can convince the court its location makes it not visible with photos you have a chance to have the fine dismissed.

It is the same with signs that are obstructed by trees. If you can show the court that it would not be seen by the average person they will dismiss the fine.

Gong back to where you were and taking photos and using them in court is the best way to go.

You have nothing to lose and if you lose the fine will have to be paid and the court may impose a further amount for costs.

It all depends on how confident you believe you are to convince the court. You have to accept liability and give the explanation that it was not visible and it was an honest mistake and show the photos.

If you want send a letter to the infringement bureau first and ask them to withdraw it. Then if they refuse take it to court.

You would not use a lawyer you would have to represent yourself.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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I have requested you be refunded for the further question can you please respond here.

Thank you

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,108
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,108
45,108 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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