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Parking Question


Kenshin X
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Hey guys, I have something that's been bugging me for a few hours now.

I had an appointment in the city and it was hard to find parking. So i found this space in between 2 trucks where some road works were happening back further up the road (about 100 metres or so. so i parked in there...

once i finished my appointment i came out to see that a construction worker was taking photos of my car with his phone camera.

i told him that i was moving now because i was close to the 1 hour permitted to park there.

"Too late" he said.

"Why?" i asked.

"It's a bus stop..." he replied.

I pointed to the sign, "I park here every week on a Sunday for 1 hour and i have not got a fine. The sign CLEARLY SAYS i can park here from 6.30am to 7.30pm." (i also said this to 2 ladies who were waiting for the bus when i parked my car)

He looks at the sign and then says "oh... but... you're in a road construction place, you can't park here"

So actually i didn't want cause a big scene so i just apoligised to him and said that i didn't know so he said "ok, no problems, have a nice day..." and walked off...

so... it bugged me so much that i went to the police station to ask them about it. they said "only people who can issue you a parking fine are: Vic police and the council"

that made me relax a bit but still something tells me that he will forward the photos of my car to the council for them to send me an infringement.

the policewoman also asked me if i took a photo of my car in the parking space with the sign.

stupid me, i should have. but i won't risk my life standing in the middle of the road to make sure both the sign and my car with the plates is in view when the road is already down to 2 lanes from 3. she said not to stress too much until the infringement comes. she also added that it's highly unlikely that i will get fined and even if i do get fined, i have a leg to stand on, as i wasn't breaking any rules. she also asked me if i removed any witches hats. i didn't remove any and none where inside the parking space.

if i can put this in the words without pictures:

my car was parked in between the last and 2nd last truck, no witches hats in the parking space and no hats blocking the access to the car park space, approx 100 metres away from where they were doing construction/excavation works

my questions are:

with permits for construction workers on the side roads, if the space is open and there isn't a car there, am i able to park there still?

because i remember one time on the other side of the road, there was trucks parked and i parked there and no one said anything. i've checked on the website of the city of melbourne but found nothing.

and if they send the photo in of my car to the council, will that be enough for the council to fine me?

thanks for your time guys, typing this out took a fair bit of weight off my shoulders...

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I reckon you'll be alright. If they need the space, they should've put a cone there. If there's no sign, no cone, and you parked there, and even the sign allows you to, it's a fair game.

They can take pictures or anything, I'll doubt you'll ever get anything. Usually with constructions, they alter the signs and swap it back with the old one once they're finished.

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dw I wouldn't worry about it.

based on his goofy reply I'd say he prolly forgot all about it after a few dozen beers after work. maybe deep down, he is a closet Corolla fan and he fancied your car so took a few snaps but was too embarrassed to admit the 'real' truth to you when you asked him haha

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dw I wouldn't worry about it.

based on his goofy reply I'd say he prolly forgot all about it after a few dozen beers after work. maybe deep down, he is a closet Corolla fan and he fancied your car so took a few snaps but was too embarrassed to admit the 'real' truth to you when you asked him haha

Nice anwser Morequick!

Should be fine duy. You didnt break no laws, and there was nothing there clearly stating that you couldnt park there. Plus there was a gap between the two trucks so if they didnt want nobody parking there they should of put cones out.

I dont know why he was taking photos of your car, probli thinking 'damn.. this corolla is so shiny and clean' lol. hes got no feasible proof to give you trouble. And the sign backs you up anyway.

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Any court would dismiss any parking fine issued by either the Police or the council that's evidence was based solely off a picture taken by a construction worker.

First of their there is no evidence of 2 of the 3 most important facts of a charge (Time and Date, with the third being Place) - aside from the construction workers say so which, as he isn't the issuing officer, does not present a prima facie case.

I've seen it heaps, people filming others committing road violations - in essence only the real serious ones are ever followed up on and even then it's a poopfight for the issuing officer if it's ever contested in court.

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rang the city of melbourne council today. they said i'm in the clear. he also asked me why didn't i call up the council to book the construction workers as he was parking in a bus zone when he wasn't supposed to... :P

the rules are if they paid for the parking which should be like 5 to 6 weeks in advance, the council will change the the sign to a no standing zone with added "construction vehicles only" underneath. otherwise if the sign says i can park, i can park within the bays in the allocated time limit.

power trippers, now that i know this, i'll tell them where to go next time it happens :angry:

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rang the city of melbourne council today. they said i'm in the clear. he also asked me why didn't i call up the council to book the construction workers as he was parking in a bus zone when he wasn't supposed to... :P

the rules are if they paid for the parking which should be like 5 to 6 weeks in advance, the council will change the the sign to a no standing zone with added "construction vehicles only" underneath. otherwise if the sign says i can park, i can park within the bays in the allocated time limit.

power trippers, now that i know this, i'll tell them where to go next time it happens :angry:

bloody oath duy. Next time say.. 'ah.. you boys wouldnt happen to have a permit to park here all day would you? no? *snap* *snap* GG for you

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rang the city of melbourne council today. they said i'm in the clear. he also asked me why didn't i call up the council to book the construction workers as he was parking in a bus zone when he wasn't supposed to... :P

For some reason, I just imagined that the scenario was going to end in a Judge Judy-style small claims court, with you on one side an a construction worker on the other...

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rang the city of melbourne council today. they said i'm in the clear. he also asked me why didn't i call up the council to book the construction workers as he was parking in a bus zone when he wasn't supposed to... :P

For some reason, I just imagined that the scenario was going to end in a Judge Judy-style small claims court, with you on one side an a construction worker on the other...

they would've came out crying mate

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duy, u do know if they don't have your permission to release the photos of you or your property, then it would be dismissable in court. They won't be able to use it as evidence in a civil action against you. If they do, it only leaves them prone to being sued by you.

But if you are robbing a bank and using the car as a getaway car, and a witness takes a pic of you/your car, then thats a different story, because it will fall under the criminal legislation.

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duy, u do know if they don't have your permission to release the photos of you or your property, then it would be dismissable in court. They won't be able to use it as evidence in a civil action against you. If they do, it only leaves them prone to being sued by you.

But if you are robbing a bank and using the car as a getaway car, and a witness takes a pic of you/your car, then thats a different story, because it will fall under the criminal legislation.

wow!

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