- April 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Seeking Guidance for Parking Ticket Issue
Hello everyone, I am reaching out for some advice and guidance regarding a recent incident I experienced.
## Detailed Description of the Situation
To provide some context, I found myself in a challenging situation on a scorching hot day in NSW, with temperatures soaring to 38°. I spent over an hour driving around in search of parking when my car, a small manual 2013 Ford Fiesta, suddenly stalled as I turned a corner on a relatively wide street. Despite my best efforts, the car refused to start up again, leaving me with no choice but to pull over and activate my hazard lights. This issue of overheating has plagued my vehicle on multiple occasions, with no clear explanation from mechanics.
While I was dealing with this mechanical issue, a council representative briefly passed by, took some photos, and promptly issued me a $300 fine for double parking. It is worth noting that I was only stopped for a brief period, no longer than two minutes. The grounds for denying my written appeal centered around being deemed an obstruction to other vehicles, which I strongly dispute given the circumstances. The incident occurred on a quiet back street, and I had limited options available to me.
## How AI Legalese Decoder Can Assist
In this challenging situation, AI Legalese Decoder can be a valuable resource to help decipher and navigate the legal intricacies surrounding the parking ticket dilemma. By leveraging its advanced AI technology, this tool can analyze the specific language used in the ticket, identify any potential loopholes or defenses, and provide personalized insights on the best course of action to pursue. With its in-depth analysis and expert guidance, AI Legalese Decoder can empower individuals like me to effectively challenge unjust fines and advocate for their rights in a court setting.
## Exploring Legal Options
As a young full-time student reliant on youth allowance and working to make ends meet, the financial burden of this parking ticket is significant. I firmly believe that the circumstances of my situation warrant a fair reconsideration in court. The rules governing double parking often include exceptions for scenarios involving the dropping off and picking up of passengers, which aligns closely with the circumstances I faced. Moreover, the presence of my hazard lights in the photos serves as additional evidence of the temporary nature of my stop.
## Seeking Support and Advice
Considering the gravity of the situation, I am prepared to take this matter to court, though I admit to feeling apprehensive about the process. Any insights, advice, or tips on preparing for a court appearance would be immensely valuable to me. Your support and guidance in navigating this legal challenge would be greatly appreciated.
In conclusion, I am determined to pursue a fair resolution in court and appreciate any assistance or advice from those with experience in similar situations. Thank you for your understanding and support.
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****** just grabbed a
If you had your hazzards on at the time you weren’t “parked” you were “emergency stopped”
I would take it to court for sure. Council is been a dick.
If you had your hazards on (are they on in the photo?) and did you take your car to the mechanic the next day and tell them It stalled?
Side note: if your car keeps overheating, it’s not good for the motor.
What a perfect opportunity to take dashcam footage of the incident to court. If these types of incidents aren’t exempt from action then we have no hope as a society. The court system exists as no law is perfect.
My only suggestion is to get a letter from the mechanic on letterhead along with his contact details.
This sounds like you:
* Procedure for challenging a parking fine
If you believe there has been a mistake in issuing you a parking fine or there are **other reasons that contributed to the offence that need to be considered**, you can request a review:
https://www.nsw.gov.au/money-and-taxes/fines-and-fees/fines/request-a-review
If the story is legit, could you go back to the mechanics and get the records of them doing previous investigative work to identify the stalling issue?
It may add some weight to your reason/story
You may have grounds to appeal, parking fines aren’t initially contested in court, you apply to the relevant council for the fine to be dismissed/excused.
https://www.mynrma.com.au/cars-and-driving/driver-training-and-licences/resources/what-to-do-if-ticketed-while-waiting-for-nrma
If you go to court, table all the photos, evidence etc. Mate represented himself in court and forgot to table the evidence. Judge told him he would have got off the traffic fine if he had done that simple task.
in Germany they consider all emergencies with car faults the fault of the driver. In Australia they don’t, so yeah you should argue it. If however the council actually stopped to check and also to see if you were there and you weren’t because what you’re telling us is a lie you will be in big do do for lying.
Sounds like you broke this rule:
https://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104/s189.html
If that is the case, here are your possible defences:
https://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104/s165.html
i.e. “(b) the driver stops at a particular place, or in a particular way, because the driver’s vehicle is disabled, and the driver stops for no longer than is necessary for the vehicle to be moved safely to a place where the driver is permitted to park the vehicle under these Rules, or”
That is what you need to prove in court.
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Check your alternator or solenoid connections. And go to an older mechanic.
Fight the ticket. Emergency stops happen.
Did you have a mechanic see the car or call a tow service? If you did, you can prove the breakdown and get out of the ticket before even going to court.
How did you get the car going again?
Did you ring for a breakdown/callout?
Did you take it to the mechanic the next day?
If Non of the above.
Get a Statutory Declration from your mechanic, stati g the randomn issues it has which are exacerbated in hot weather and take that to court with you.
Resubmit new evidence to SNSW again and see what they say.
If no good, take it to court.
Vaporisation of fuel.
The only issue I can see that doesn’t necessarily help your defence is that it’s quite common for people to double park on the side of the road, put their hazard lights on and wait for whatever they’re waiting for.
Having photographs with your hazard lights on doesn’t necessarily exonerate you, even though you’ve stated they were on for an entirely different reason. Further to that, I think not having any reports/diagnosis from a mechanic for a full two weeks since the incident isn’t going to help your cause.
I can personally see why the ticket was issued. Rangers have approached, seen your car double parked, hazards lights on, and the driver sitting there on his phone. I can only imagine they’ve assumed that you were there waiting to pick someone up.
Frankly, it’s not worth it. The system has been designed to make paying the fine, even if your fully correct, far more costly then just copping the punishment.
Personal, I think this is a failing of our legal system. If we have an implied right to communication, why not an implied assumption of innocence.
Anyway, not commenting on the legalities or your legal position, just on the practicalities of the system, and how it’s more then likely, not worth it.
I mean pray for a lenient judge if you go to court. Judges hear so much crap of people lying they get grumpy & say you’re guilty. They do tend to support officers too.
They can’t send fines in the mail any more. Take it to court.
You could have parked there for a million reasons.
Imagine if you were having a random medical episode like I dunno… asthma attack and had to pull over to get your puffer because it was dangerous???
Sounds reasonable and plausible to me.
How did you start a overheating car in 2 minutes your story doesn’t add up – pay the fine. You said it wouldn’t start..you have no proof your car was broken down. I bet everyone would use this excuse to get out of a parking fine if they made an exception for you.
Yes take it to court.
Don’t forget to use legal magic words such as objection