Parking ticket issued when on private property
Some council rangers are issueing tickets to motorcyclists who have parked on private property, The area outside the Police Museum Alfred St CBD is a designated private property area as proven with the Land Titles office. When you prove your case to the SDRO they say you are required to pay as they have no power to waive a fine issued on private property & take up with counci, Call council they say take it up with SDRO. Some Rangers you speak with acknowledge it is private & say there are a few rangers who go out of their way to issue tickets when you are in the right.
Recent comments
- I will request staff to look
1 week 4 days ago - Who do we speak to for a more
2 weeks 4 days ago - Another failed government
4 weeks 1 day ago - www.northsydney.nsw.gov.au/wa
4 weeks 1 day ago - Plants removed from pavment -
4 weeks 4 days ago - Hi anonymous,
Councils do not
4 weeks 5 days ago - Our neighbour burns wet wood
5 weeks 2 days ago - Finally there is 2 lanes into
5 weeks 2 days ago - I received a fine too
7 weeks 4 days ago - I am wondering if someone can
7 weeks 5 days ago
Comments
Those organisations subscribe to Kafka scenarios.
Talking to parking officers gets you nowhere. There are some with common sense but they seem to be in minority. They say it is at discretion of the officer.
One tells you its perfectly OK while the other has almost an orgasmic pleasure in slapping a fine on anything that resembles motorised form of transport.Its perfectly fine to leave trip hazards in form of derelict shopping trolleys on the footpath or push bikes, but no small scooters ( I use both) There is no logic and the authorities are addicted to fine moneys. More people should fight this mess in court.
There is a situation where rangers and compliance officers just skirt around the fact they are not doing their job. As you point out the bike is on priviate property so fight it in court. But as you can see heaps of stuff is on the footpath and the regulation of the act will read "anything on the footpath without prior approval is there illegally" Yet influential business owners can seem to avoid the $425 fine in some councils because they appear to be so called "friends of the the council." For the record I like Clover Moore because she has put in heaps of free motorcycle parking in Sydney city .
Not only friends of the council but also relatives. I smell a rat, no lots of rats.
A City of Sydney spokesperson said:
"The land this comment relates to is a footpath in the public domain and City Rangers have authority to issue penalty notices to vehicles parked on a footpath. "Under legislation, a footpath is defined as any area "open to the public" that is either designated for pedestrians or "has as one of its main uses, use by pedestrians.
"Parking a vehicle on a footpath is illegal, unsafe and creates a dangerous situation for pedestrians - obstructing parents with prams and people in wheelchairs who have to navigate around the vehicle.
"We would encourage all motorists to park legally to avoid a fine or consider using public transport. The City also encourages all motorcyclists and scooter riders to take advantage of the favourable parking options now available. Motorcyclists and scooter riders can now park in any parking meter area in the City of Sydney for free, providing they comply with time restrictions and NSW Roads Rules requirements. Motorcyclists can also access more than 900 unrestricted, free parking spots in the CBD and inner city suburbs. Alternatively secure offstreet parking is available at many parking stations for as little as $5 for 24 hours.
"If motorists wish to contest a fine, appeal options are provided on the back of the fine. Motorists wishing to contest a parking fine can write to the State Debt Recovery Office or elect to have the matter heard in court."
Josh MacKenzie
Senior Media Officer
City of Sydney
Interesting how selectively they deal with the obstructions. Shopping trolleys,debris, rubbish bins left for days etc are not obstructions, presumably because there is not a numberplate attached to it. They concentrate on easy targets. I know situations where council placed traffic signs in a middle of the narrow footpath thus forcing pedestrians on the road. I will post the picture on this site soon. They should fine themselves as well. Yet they fine bikes parked in niches assuming that pedestrians are zig zagging to obtain excitement from visiting those nooks and cranies. They interpret the legislation as it suits them. Its about money, not public good.
it is not just bikes that obstruct pedestrians i just hate those fools who think that they can park across the footpath because its their
driveway our rangers have no interest in this despite the obvious danger to pedestrians and inconvenience to people pushing prams they only police parking metres
Hear hear!
But seriously, shouldn't we unite as true neighbours for the primary purpose of establishing once and for all whether the (largely) corruptable crew that end up in (oft life-long positions of 'trust') these PUBLIC SERVANT positions are in fact part of a benificient, incorruptable and lawful organisation?
They all touch us pretty deeply given their purported PoWeRs! to rule over us (servants ruling masters???), so why do we let them hold us in some inane slave-like bondage?
Look into it people, seriously, ASAP, we've been sold a mega-pup. Time to resucitate common law and it's long lost must-have companion, Trial by Jury.
Having received my fair share of Infringement Notices and parking fines, I would have to say that contesting these payments is tantamount to baiting the bear.
Elect to take a penalty notice to court, await approval by body issuing the fine as to whether you are allowed to contest the fine they issued you, receive written reply (and another administrative fee) indicating that no, they have no desire to let you go to court, then finally receive another enforcement order + cost and a notice of business restrictions and fee-default license suspension.
I once heard that the definition of extortion was inducing a party to pay money by way of coercion. I wonder how the Crimes Act and the Fines Act hold up as comparable legislative instruments in court in regards to the potential of bodies authorised by the Fines Act to coerce persons (by way of business restrictions) into paying fines and withdrawing from court action?
With the latest example of waiting to see what happens attracting a lot of interest in a certain black BMW Many of us have reason to be angry. For the record parking across the footpath in front of your garage or gate is illegal every time I park and get out to unlock my gate in the middle of the CBD I expect to get fined. Thats the law. Just as anything on the footpath without prior approval is there illegally. The underlying issue in those instances are the state mandated requirement to have in place adequate insurance. When councils allow so called "friends of council" to encroach onto footpaths and road reserves with their business signage or car parking, it is not the rent ratepayers are forgoing for the use of public property it is the public risk insurance which is not in place. Once a complaint is made then ignored by council the insurer or scheme may demure on any claim against council. Ratepayers may well be saddled with the claim if council has not exercised its due dilligence. I find it offencive that over a hundred councils in NSW cant agree on a standard for encroaching onto public property. None of them it seems were willing to stick with the roads act which used to identify resteraunts as the only business entitled to encroach. Now it is a compleat dogs breakfast with tables and chairs stock items for sale sandwich boards some against the property frontage others half a metre from the gutter. God help the jeweler shop between two food outlets with structurs on the footpath how is the jewelers passing trade going to see his display set back three meters behind the marquees on the footpath it is a compleat farce we buy commercial premises and expect pedestrians and vehicle traffic to be able to see the window displays at our property frontage.
Edward James
My vehicle was parked within the wholly confined spaces of the driveway of my property. No obstruction to pedestrians. Overzealous council ranger enters my property, sticks penalty notice on windscreen, fine states "stopping on footway"
Obviously revenue raising tactics & intimidation.
Under ROADS ACT quote Legislation,I cant find any allowing ranger to enter residential property. Infringement notice has been issued legally?
Does this ranger have authority to enter residential Land without owners permission ?
Shall I contest the matter in court? Should I proceed and file with the Police, trespassing charges against the Ranger with intentions to prosecute? Are these rangers UNTOUCHABLE
Under Local government Act 1993, Council Workers need authority from Land Owner to enter the your premises, unless they are entering to attend to urgent repaits like burst water main, etc, they dont need your authority.The notice is invalid, go to court
Incorrect, under the Local gov act, they can enter your property to undertake inspections regarding a number of issues such as dangerous trees or illegal tree works, health inspections, dangerous dogs, food premises inspections, building compliance, environmental compliance, pool fencing compliance.
Dont write non-factual things and encourage others to get fined by Council for denying entry.
No one can enter any residential property without consent of the owner. Police can attend to a domestic violence situation when called upon or with a search warrant but cannot breathlyse you on your property. Sydney Water and other Utilities Company can only "Enter" to read the metre or attend to urgent repairs(burst water main/gas leaks etc) Remember local councils are only a corperation and not part of the Australian Constitution, there is no powers vested upon them to Trespass onto residential property without owners permission, they can be asked to leave immediately.
Swan Hill shire does not bother to clean up the unregistered cars and trailers on nature strips in it's area
go ahead and charge the council rangers they screw us rate payers and what do we get more fines they are a never ending wanting money......
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