Are you wondering how to get out of a parking fine in NSW? A parking fine is a penalty that a government authority or private car park operator can issue to a driver who has parked their vehicle in violation of the law. They can issue parking fines for a variety of reasons, including:
- Parking in a restricted area
- Exceeding the parking time limit; or
- Parking illegally.
In NSW, local councils and Revenue NSW typically issue a valid parking ticket. If you believe that you should need not pay a parking ticket that you received, you can request a review through the Revenue NSW website. You can find the website address on your parking ticket/s. Read on to know how to get out of a parking fine in NSW.
How to Get Out of a Parking Fine NSW?
Receiving parking fines is not uncommon in New South Wales. But what if you think you’ve been wrongly ticketed? Or what if you simply can’t afford to pay the fine? So, how to get out of a parking fine in NSW? There are a few things you can do.
Step 1: Understand the Fine
The first step in challenging a parking fine is to understand the fine itself. Considering the following questions so you can better understand the fine:
- What was the violation?
- Where did it occur?
- What is the fine amount?
Once you understand the fine, you can start to gather as much evidence to support your case. This evidence could include:
- Photos or videos of the parking sign, location, and parking metre
- Witness statements
- Medical or other documentation that may have prevented you from complying with the parking rules
Step 2: Request a Review
How to get out of a parking fine in NSW if you believe you have been wrongly ticketed? You can request a review of the fine. You can do this online with the help of NSW Government’s Review Assist Guide. When you request a review, you will need to provide the initial information:
- Penalty notice number; and
- Date of offence
The review process is a fair and thorough way to determine whether authorities issued a parking fine correctly. The NSW Government will consider the seriousness of the offence and the supporting documents you provide. Once they receive your request for review, they will put your fine on hold and carry out the investigation process.
Subsequently, NSW Government may need to contact you or the authority that issued your fine for more information. They will usually respond to your request for review within 2 weeks. However, more complex requests may take up to 6 weeks.
Step 4: Wait for the Decision
The outcome of your review will be sent to you in writing. The possible outcomes are:
- Fine to stand: This means that their review found that your fine was issued correctly. You will need to pay or manage your fine by the due date to avoid further costs or action.
- Caution: This means that they have found you responsible, but due to the circumstances they are giving leniency and you are not required to pay the fine. The fine may still appear on your driving record.
- No actioned: This means that the fine was issued in error. The fine will be cancelled, and you do not have to pay. It will not appear on your driving record.
- Cancelled: This means that the issuing authority has requested the fine be withdrawn.
How to Get Out of a Parking Fine NSW: Challenging a Parking Fine
Here are a few tips for challenging a parking fine in NSW:
- Be prepared. Gather all of your supporting evidence before you request a review.
- Be clear and concise. Explain your case in a clear and concise manner.
- Be respectful. Be respectful to the parking inspector or council parking officer who is conducting the review.
- Be persistent. You may not have a desirable outcome in your first review. If this is the case, you can lodge parking ticket appeals to the NSW Civil and Administrative Tribunal (NCAT).
In any case, we advise you to speak with our traffic lawyers who can provide you with a step-by-step action plan to follow.
How to Get Out of a Parking Fine NSW: Special Circumstances
The following reasons may form valid grounds for having a fine reconsidered:
Medical Emergencies
NSW Government may consider leniency in cases where the parking fine was issued due to a medical emergency. However, NSW Government will balance this against the potential safety impacts on other road users. For medical emergency considerations, you must prove that there was an immediate threat to someone in the vehicle that requires urgent medical attention.
Let’s use an example. NSW Government may consider leniency if you were driving someone to the hospital who was having a heart attack. However, NSW Government is unlikely to consider leniency in certain cases. For instance if the person needing medical attention is not in the car, the driver may not be able to request for leniency.
Personal Circumstances
How to get out of a parking fine in NSW in case of personal circumstances? NSW Government may also consider leniency in cases where the parking fine was issued due to personal circumstances, such as:
- Disability
- Mental illness; or
- Homelessness.
To be considered for leniency, you will need to provide documentation from a:
- Medical practitioner
- Support agency; or
- Government department that supports your claim
For example, you may have a disability that makes it difficult for you to walk long distances. If this is the case you may be able to get leniency for a parking fine that you received for parking in a no-standing zone.
Temporary Hardship
How to get out of a parking fine in NSW if you are experiencing a temporary hardship? NSW Government may also consider leniency in cases where the parking fine was issued due to temporary hardship, such as:
- Medical conditions
- Trauma; or
- Financial difficulty
To be considered for leniency, you will need to provide documentation from a medical practitioner, support agency, or government department that supports your claim. Let’s use an example. What if you are currently undergoing cancer treatment and are unable to work? If this is the case you may be able to get leniency for a parking fine that you received for parking in a no-standing zone.
Deceased Persons
What if the person who committed the parking offence has passed away? If this is the case, NSW Government may cancel the fine. To do this, they will need documentation of the death, such as a copy of the death certificate.
Faulty Parking Metres
Another common reason for seeking internal review of council parking fines is faulty parking metres. Was there a number on the metre? Was there a sign nearby with a number you could call to report the faulty metre?
How to Get Out of a Parking Fine NSW? Contact our Traffic Lawyers
The question of how to get out of a parking fine in NSW can be stressful as challenging a fine is a daunting task. However, it is possible to get out of a fine if you are prepared and persistent. An expert traffic offence lawyer can also help you challenge and represent you in court when needed.
We at JB Solicitors have expertise in traffic and criminal law matters. Our team can help you find out the best course of action when dealing with parking fines in NSW. Should legal matters arise, we will do our best to negotiate with the local council or authorities that issued your parking fine.
Contact us today if you want to know how to get out of a parking fine in NSW.
