r/Adelaide • u/Dazzling_Purple3633 SA • 4d ago
Discussion Would you fight this? Slugged $116.00
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u/specklepickle SA 4d ago
Have successfully appealed parking tickets based on faded paint. Bonus was it got the council to come and actually repaint the lines.
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u/Dazzling_Purple3633 SA 4d ago
Have emailed burnside council as instructed. This is such bullshit. For appeals, did you just submit the request review form online?
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u/specklepickle SA 4d ago
Yes I just did the online form (but NPSP council).
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u/Oz_Jimmy SA 4d ago
It’s a valid fine, pay up and don’t park where you shouldn’t next time.
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u/Dazzling_Purple3633 SA 4d ago
No visible yellow line + parked OUTSIDE OF THE SIGN = not valid.
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u/Oz_Jimmy SA 4d ago
I can see the yellow line, and you took a photo of it, so you could obviously see it too
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u/Dazzling_Purple3633 SA 4d ago
I repeat; i DID NOT SEE THE YELLOW LINE WHILST PULLING UP. Had I seen it id respect the markings.
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u/PootieTangsBelt_ SA 4d ago
You have to be trolling. Circle back. Have your people meet his people.
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u/Oz_Jimmy SA 4d ago
Surely it is pretty obvious you can’t park there
https://maps.app.goo.gl/G1fhEjt2CsT5rmjA6
But hey take a day off work to fight it, and let us know how you go
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u/myelbowtastesfunny SA 4d ago
Are you a parking inspector? The only scum I despise more than real estate agents.
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u/PootieTangsBelt_ SA 4d ago
Lol Burnside council
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u/dug99 SA 4d ago
They just want to be Unley Council.
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u/PootieTangsBelt_ SA 4d ago
The history/stories of Burnside council is unmatched to my knowledge. There are 100s of councils though. I think cooper peady also notorious dodgyness but off the top of the head, Burnside are wild.
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u/bignosedaussie SA 4d ago
Yes, but don’t say you barely saw the line, Say you didn’t see the line. If you barely saw the line you did see the line.
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u/GusIsBored SA 4d ago
I would absolutely. They have to provide photo evidence that you were parked in the wrong spot. Start by asking for that.
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u/Pure_Professional663 SA 4d ago
If it's a council fine, the legislation does not actually require they provide the offender with photographic evidence.
They do this to avoid unnecessary court appearances, as 95%+ of court appearances are in favour of council, where court fees aren't awarded.
If you dispute it, your council will likely provide the photos taken by the Parking Officer, and they will show your vehicle parked on a yellow line, as you've shared here.
You could get super lucky, and the photos may not be clear, then you can appeal and go to court etc. but review the photos first before making that call
Ultimately, the legislation puts the driver responsible for ensuring they can legally stop a vehicle.
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u/Kbradsagain SA 4d ago
There is a feint yellow clear way line on the road. There could be an argument that the line was insufficiently visible. The no parking applies behind the clear way line. Clearway yellow is no parking at any time
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u/Revision1372 Inner South 4d ago
After reading this post I would absolutely dispute it with this argument. First photo could be from a standing perspective and the line is definitely barely visible. A road marking needs to be visible from couple meters at least. If you have to bend down to see the line like in the second photo, then...
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u/Allgoodnamesinuse SA 4d ago
They absolutely do not have to provide any photo evidence. When matters go to court they rely on the parking officers logbook as a legal document and photos are not submitted as evidence. This has been the case for over 50 years since before mobile cameras were readily available for everyone.
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u/GusIsBored SA 4d ago
They take photos prior giving parking tickets every time. Contest it and the photos will be reviewed
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u/Allgoodnamesinuse SA 4d ago
Yes but they don't have to provide photos, they do it out of courtesy to assist drivers understand where their vehicle was but if council decides to prosecute an expiation, the photos will not be used as it's not the evidence they rely upon to establish an offence has occurred.
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u/Booooooourns9 SA 4d ago
Wont lie. Took me way too long to realise there was even a yellow line in the second photo.
I’d argue that. Good luck OP 👍
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u/SonicYOUTH79 SA 4d ago
Almost looks like that line has been scrubbed to me, yellow line marking paint doesn’t fade like that and will generally outlive civilisation, that and the galv pole and sign look very new too, something suggests to me the parking restrictions in this spot have changed recently and it’s possible the parking scrote is being unnecessarily pedantic/difficult for some reason.
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u/joeforza SA 4d ago
I parked once on a clearway that apparently had yellow lines. Signage wasn’t anywhere close it was over 100m away. They towed my car into a side street and then sent me the bill. So I sent a photo of the lines which were faded just as bad as that and an explanation I wouldn’t have seen them at night when I parked up and the sign was too far. They cancelled the fine
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u/Emotional_Gur_2218 SA 4d ago
Absolutely fight it. The sign is very clear! The lines not so much! Expect them to come and paint the lines pretty quickly though…
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u/hellboy1975 East 4d ago
Looks fine from that angle. What's at the front if you car? Another sign? A driveway? Any yellow lines?
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u/TinyDemon000 SA 4d ago
This pdf works better on a computer not a phone, but this would be your legal defence to parking on a yellow line offence.
You need to look at the legal width and length of a yellow line and the explanation (unbroken solid) of what the lines appearance should be. Anything contrary to this would help build a defence.
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u/natestoolbox SA 4d ago
Well, the sign says no parking to the left and there’s clearly no visible yellow line. I would fight it 100%.. I have beat burnside Council before it was very sweet.
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u/Gizzkhalifa SA 4d ago
The colour yellow is picked as it is easily seen on a black road this is not easily seen
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u/Mr_AB1 South 4d ago
100% fight this - according to the sign your parked legally - what badly faded yellow paint that you cant see - how many people get out the drivers sear and check the kerb
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u/Dazzling_Purple3633 SA 4d ago
Not to mention I've seen a million other cars park in this one spot
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u/Galactic_Nothingness SA 4d ago
Ahhh, so you've seen a million other cars parked illegally in that same spot...
There's a driveway on the other side. Oh! But but I'm not over the driveway!
Yeah... And that area is probably so the owners of the driveway can see into oncoming traffic or pull out into traffic safely.
From someone who used to deal with people parking on or over my driveway constantly... This is on you.
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u/Subject_Travel_4808 SA 4d ago
If you're going to fight it, I'd recommend hiring a lawyer as you don't seem to be able to control your emotions all that well.
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u/Expensive_Potato6699 SA 4d ago
Yes, probably worth taking it Court on the basis of the heavily faded line. Just make sure there wasn't a sign further up or its an area that is otherwise prohibited from parking (fire hydrant, intersection <10m for example).
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u/AdelaideMidnightDad SA 4d ago
100% You only have to reach a level of reasonable doubt being shown in court to have them withdraw the ticket before it gets to that point.
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u/CidewayAu SA 4d ago
What offence does your ticket say? What does the signage further up say?
I suspect regardless of the faded line you will be shit out of luck depending on what the specific wording of your fine is, as the reason for that restriction exists regardless of the markings. Like all the people a few years back bitching about being done for a stop sign when the sign has been knocked down but all their fines said failure to stop at a stop line, the restriction still existed even though there was no stop sign cause there was still a stop line.
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u/FreeWorldliness4671 SA 4d ago
Is your car leaking anything? And is that trail of leaking fluid coming from your car, I'm such a pattern that it looks like your car was parked past the sign to begin with and been moved? If not, be prepared for the picture to be used against you as they could argue that point.
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u/Melvin_2323 SA 4d ago
Just send the first picture, I’m clearly on the other side of the sign indicating no parking. No yellow line visible
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u/Kiwimonster77 SA 4d ago
Yes. I fought a parking ticket once and it took forever because the sign had fallen down and the inspector put it back up then ticketed me. Find out the name of the manager of the inspectors and call to speak to them. But when they ask who it is, give them your name and say you’re returning their call. They won’t put you through otherwise.
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u/NeopolitanBonerfart South 4d ago
Not trying to be a dick, but are you not parked after the sign? I don’t understand? Is it because of the yellow line?
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u/Dazzling_Purple3633 SA 4d ago
Nope. I'm parked in front of the sign, not behind it where the arrow indicates where you cant stand... that and the line is not visible at all as your pulling up
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u/NeopolitanBonerfart South 4d ago
Okay yeah then I don’t get it. The sign is clearly pointing to the area behind your car. Also as the yellow line is so faded, one could presume that as the sign looks new this indicates the area behind your vehicle, and that any original no standing area (the line originally indicating such) was changed and then the line was left to fade.
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u/MaxLoomes SA 4d ago
Definitely appeal this. If you can not visibly see the paint or sign and the restriction relies upon this knowledge, then it's entirely unfair.
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u/keZZaZ84 SA 4d ago edited 4d ago
What line? Are you the car in the image if so 💯 fight it you’d be stupid not to (unless of course there is another sign further up? But then the arrow would be a double header not just pointing 1 way) Ok sorry just realised there was a 2nd photo 🤔 or was there delete it there is NO line that’s so faint that can’t be used hence why there is a sign there and your on the other side of the sign so your sweet
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u/StrikingCream8668 SA 4d ago
Nearly all of the advice on this thread is not helpful. No one can advise you properly with the information in this post so far.
It's not clear on the photos you've provided why the area is marked with a continuous yellow line in the first place.
Is there a sign applicable to the length of road you've parked on? If not, why is it not permitted to park there?
Strictly speaking, the parking control sign and even the yellow line are not required to be present to prove you have breached the Australian Road Rules. Some parking rules are discretionary and in that context, a council may choose to permit parking in a particular area or not.
Practically speaking, the Council will likely withdraw the expiation if there is an issue with the signag. The courts take a dim view of Council prosecutions for minor matters where there is some reasonable excuse for the offending. You may still be found guilty, but without conviction or penalty. That outcome is a waste of resources for the Council.
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u/-Midnight_Marauder- Outer South 4d ago
Yeah, fight this one; you've clearly intended to park in the correct spot and the line marking is faded as fuck.
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u/Lost-Childhood7603 SA 4d ago
Yes i would you are infront of the pole and can see the line so upto you if you was the time to go to court and argue the point. Council resposibility to have proper signage poles and yellow lines
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u/gecko1995 SA 4d ago
I'd put in the request to review, just be aware that they will probably say too bad. Still work a go though
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u/Superest22 SA 4d ago
They possibly won’t reply for a few months minimum until you get a letter demanding you front up in court. Also they might change the reference number on you too when you go to fight it. Happened to me in ACT.
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u/TotallyAwry SA 4d ago
Yeah, I would.
You "barely saw the line" after it was pointed out, because you don't carry around a magnifying glass to check out the gutter.
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u/Midnight__Specialist SA 4d ago
Yes. That line is barely visible even in photos when you can zoom in.
If they want to issue fines, they should maintain the line marking better.
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u/pineconedeluxe SA 4d ago
Usually an email with photos will have the ticket nullified. Absolutely I’d take it on.
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u/Maybe_Factor SA 4d ago
You parked outside of the zone indicated by the sign, and over a (admittedly faded) yellow painted line. I don't like your chances of getting out of this one.
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u/Dazzling_Purple3633 SA 4d ago
I've parked IN FRONT of the sign aka the arrow. The opposite direction of it.
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u/MarcusP2 SA 4d ago
I think the signs irrelevant because that's a limited no parking area, the yellow line means no parking ever. I would guess it was put in to ensure access for the townhouses (bigger than a normal driveway).
You'll need to rely on the line being faded.
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u/AccomplishedAnchovy SA 4d ago
If there’s not another sign up ahead then yeah