Parking Offences
Parking Offences in NSW: What You Need to Know
Being issued with a parking ticket can be frustrating and costly. Many motorists simply pay their fines, but in NSW, it is possible to have certain parking offences waived or dismissed if you have a valid defence. Understanding your rights, potential defences, and the legal process is crucial to avoiding unnecessary penalties.
At Brightstone Defence, we help clients contest parking fines effectively. Key points include:
- Identifying whether the ticket was issued incorrectly
- Assessing if parking signs or meters were unclear or faulty
- Evaluating any medical or emergency circumstances that apply
With our experience, we guide clients through the leniency or court appeal process to achieve the best possible outcome.
What is a Parking Fine?
A fine, penalty notice, or infringement notice, requires you to pay a sum of money as a result of breaching the law. This fine can be issued for parking, public transport, or traffic infringements on the road.
A fine can be issued by a local council, a Transport NSW authority officer, police officer, a court, or a government agency such as Revenue NSW.
Elements the Prosecution Must Prove
What Happens if I Do Not Pay My Fine?
If you fail to pay your fine by the due date it will result in Revenue NSW taking it to collect on behalf of the government. You will then be served with a penalty reminder notice. This reminder notice will allow you a further 28 days to pay your outstanding fine.
But what happens if I do not pay my “penalty reminder notice”?
Post this, Revenue NSW will issue you with an overdue fine notice, which incurs extra fees. Failure to pay within 21 days may result in:
- Your car registration being cancelled
- Your assets being repossessed through a property seizure order
- Money being deducted from wages, bank accounts, and Centrelink payments
- Your driver’s licence being suspended or cancelled
- A charge being put on any land you own
- Being taken to court
If summoned to court, the court will assess your income and assets and enforce actions for the remainder of the fines to be paid.
Possible Defences
Paying A Fine Under Protest
Motorists in NSW can pay a fine under protest, avoiding late fees and penalties while maintaining the right to contest the fine. Your lawyer can dispute the penalty in court, and if successful, the paid amount will be refunded.
Potential Penalties
Common defences to parking
There are several common defences motorists can rely on when contesting a parking fine in NSW, depending on the circumstances.
- The parking signs or marking were not visible
- The ticket was issued incorrectly
- The meter was not working
- Medical or emergency conditions
Legal Process
& Options
Applying for leniency and appeals
The NSW government provides the Review Assist Guide, outlining circumstances generally considered for leniency. You may apply for leniency or contest the fine in court depending on your situation. Legal representation is essential to determine which defences apply to your case for the best outcome.
You have the option to either request leniency from the issuing authority or contest the fine in court, depending on your individual situation. Seeking legal advice early can help you understand which defences are most suitable and how to present your case clearly, increasing the chance of a favourable outcome.
Taking action promptly is important because failing to respond can lead to additional fees or enforcement measures. With the right guidance, you can navigate the appeal process efficiently and potentially have your fine reduced or dismissed.
Pleading
Not Guilty
Pleading
Guilty
Loading zones are designated areas for dropping off and picking up goods. Only certain types of vehicles can use these zones:
2P parking allows parking for up to 2 hours, 4P for up to 4 hours during the times specified on the sign.
Yes, you can dispute a fine by contacting the issuing authority or taking it to court.
No, fines vary between councils, even if road rules are consistent.
Most parking fines do not affect your licence, except some offences such as in school zones which may attract demerit points.
If you are unsure about your defences, considering a lawyer can help contest fines, avoid extra penalties, and guide you through court appeals.
Loading zones are designated areas for dropping off and picking up goods. Only certain types of vehicles can use these zones:
2P parking allows parking for up to 2 hours, 4P for up to 4 hours during the times specified on the sign.
Yes, you can dispute a fine by contacting the issuing authority or taking it to court.
No, fines vary between councils, even if road rules are consistent.
Most parking fines do not affect your licence, except some offences such as in school zones which may attract demerit points.
If you are unsure about your defences, considering a lawyer can help contest fines, avoid extra penalties, and guide you through court appeals.
SUCCESS CASES & ARTICLES
Brightstone Defence delivers focused criminal defence services year-round and has built a strong track record of successful outcomes.
Meet our lawyers
WORLD CLASS
REPRESENTATION
100+ 5 Star Reviews
Personalised legal strategies tailored to each case
Recognised leaders in criminal defence law
Free initial consultation and case evaluation
Proven success in high-stakes and complex cases
Get AN instant estimated Quote
and a free consultation session
Facing criminal charges? Our experienced criminal defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.
