Disabled permit holder illegally parked.

manwithtwobrains
Posts: 11
Joined: Wed Jul 30, 2014 8:45 am

Disabled permit holder illegally parked.

Postby manwithtwobrains » Thu Jan 11, 2018 7:53 pm

Hey, I'm a category 1 disabled parking permit holder, I've recently received 2 tickets for parking illegally, I asked for them to be reviewed, admitted my guilt but pointed out the extenuating circumstances, both councils refused my applications. I'm wondering if it is worth contesting these in court, anyone have any knowledge of the courts attitude to this?

Cheers and thanks in anticipation!

allde
Posts: 740
Joined: Sun May 13, 2012 12:46 pm

Re: Disabled permit holder illegally parked.

Postby allde » Sat Jan 13, 2018 8:56 am

Good luck with that one, councils love their cash cows, and parking is their #1 cash cow.

Hardy
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Re: Disabled permit holder illegally parked.

Postby Hardy » Sat Jan 13, 2018 2:45 pm

If your goal is to pay a lesser fine due to extenuating circumstances, then take it to court.
If you goal is to be found not guilty and be acquitted, then set aside $3500 for lawyers and take it to court. Extenuating circumstances won't help you get acquitted.

manwithtwobrains
Posts: 11
Joined: Wed Jul 30, 2014 8:45 am

Re: Disabled permit holder illegally parked.

Postby manwithtwobrains » Thu Nov 19, 2020 10:45 am

Ok so an update on this, I notified both councils that I wanted the matters heard in court, just for educational purposes. One council sent what I presume was a notice of the court hearing but due to being away indefinitely at the time I asked my friend to "return to sender" presuming I would deal with it later. So despite not hearing another word I've received a letter from Fines Vic saying I haven't paid as per my "arrangement". So the council have simply ignored the returned letter and proceeded anyway, so my question;

Is the council within it's rights to ignore a returned, unopened letter and proceed with a hearing, and have they perjured themselves by presumably swearing an affidavit claiming that I had been served with a notice regarding the hearing?

Hardy
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Re: Disabled permit holder illegally parked.

Postby Hardy » Thu Nov 19, 2020 1:03 pm

If your guess is correct that the envelope contained a summons for court, then the case will proceed in court whether or not the envelope was returned to sender. If you don't like the court outcome, then you can go to court and ask for the case to be re-heard and you will be given an opportunity to appear and plead guilty or not guilty.

Chef
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Re: Disabled permit holder illegally parked.

Postby Chef » Thu Nov 19, 2020 4:22 pm

manwithtwobrains wrote:Ok so an update on this, I notified both councils that I wanted the matters heard in court, just for educational purposes. One council sent what I presume was a notice of the court hearing but due to being away indefinitely at the time I asked my friend to "return to sender" presuming I would deal with it later. So despite not hearing another word I've received a letter from Fines Vic saying I haven't paid as per my "arrangement". So the council have simply ignored the returned letter and proceeded anyway, so my question;

Is the council within it's rights to ignore a returned, unopened letter and proceed with a hearing, and have they perjured themselves by presumably swearing an affidavit claiming that I had been served with a notice regarding the hearing?


But if the letter did contain the summons, by mailing it to your address, it is considered served. You even admit to receiving the letter and just bouncing it

Hardy
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Re: Disabled permit holder illegally parked.

Postby Hardy » Thu Nov 19, 2020 7:03 pm

Service by post is effected by posting the summons to your last known address.
The court needs to see evidence that it was posted. Whether or not you received it is irrelevant.

manwithtwobrains
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Re: Disabled permit holder illegally parked.

Postby manwithtwobrains » Fri Nov 20, 2020 3:10 pm

I'm a little surprised there isn't more required than that, I appreciate your help, cheers

Hardy
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Re: Disabled permit holder illegally parked.

Postby Hardy » Fri Nov 20, 2020 9:16 pm

Actually makes perfect sense. No case would ever get started if the police had to prove you opened your mail.


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