Homeowner faces outrageous $640 fine for common parking mistake

In a tale that might strike a chord with many Australian homeowners, a man from Blue Haven on the NSW Central Coast has been slapped with a hefty $640 fine for what he considered a harmless and practical parking decision.

Craig, the homeowner in question, was simply trying to be considerate by moving his and his visiting mother-in-law's cars to the nature strip outside his neighbour's house while he mowed his lawn.

He had been parking on the grass for years without issue, but suddenly, this common act became a costly mistake.


Craig had parked the cars on the nature strip for just a couple of hours and had even obtained his neighbour's permission beforehand.

However, a council ranger passing by didn't see the situation with the same neighbourly understanding and issued $320 fines for each vehicle parked on the nature strip.

The frustration Craig felt was palpable as he recounted the incident.


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A driver and his mother-in-law were fined $320 each for parking on the nature strip in Blue Haven. Credit: Shutterstock


'I understand it is council land, but the way I see it, if the neighbour's mowing the lawn, then it's his land,' he said.

'If he doesn’t have an issue, I don’t know why they've given out a fine. I’m dirty about the whole thing.'

Craig's appeal to revoke the fines was rejected, leaving him feeling that the fines were nothing more than 'dirty revenue raising.'


The absence of signs prohibiting parking on the grass compounded his irritation, as did the fact that the quiet residential street didn't have a footpath, making the nature strip seem like an unused space perfect for temporary parking.

The incident sparked debate among locals online, with opinions divided.

Some sympathised with Craig, pointing out the irony of being expected to maintain the council-owned strip but not being allowed to park on it.

Others, however, highlighted the importance of keeping the strip clear for pedestrian safety, regardless of whether a formal footpath exists.

This issue is separate from Craig's neighbourhood.

Across Australia, there's been a notable uptick in reports of illegal parking, with the reporting app Snap Send Solve noting significant surges in every state and territory.


Parking on driveways and across footpaths is not just a nuisance; it poses real dangers to pedestrians, including those with wheelchairs or prams, and disrupts essential foot traffic pathways.

Illegal parking reports have surged across Australia, with significant increases reported in various states:

New South Wales saw a 37 per cent rise, the Australian Capital Territory experienced a 56 per cent jump, and Queensland reported a 53 per cent increase.

Tasmania followed closely with a 42 per cent rise, while Victoria, South Australia, and Western Australia recorded increases of 33 per cent, 34 per cent, and 41 per cent, respectively.

The Northern Territory had the smallest increase at 17 per cent.

When approached for comment, the Central Coast Council stated that its parking officers and rangers exercise discretion when responding to alleged parking offences.


In other news, nearly 90 motorists in Graceville, Brisbane, were fined $154 each for parking perpendicular to the kerb, against council rules.

The local community argues that angled parking allows for more cars in the busy area and has been safely practised for decades. You can read more about it here.

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Key Takeaways

  • A driver in Blue Haven, NSW, was fined $320 for parking on the nature strip, and his mother-in-law received the same fine, totalling $640.
  • The driver, Craig, had moved the cars for a couple of hours while mowing the lawn and had even obtained permission from the neighbour.
  • Despite appeals, the fines were not revoked, and Craig feels this is a form of 'dirty revenue raising' by the council.
  • Reports of illegal parking are rising across Australia, with significant increases in offences reported through the Snap Send Solve platform.
Have you ever been fined for parking on a nature strip or encountered similar issues in your area? Share your experiences and tips in the comments below.
 
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A man has slammed authorities' 'dirty’ tactics after receiving a $320 fine over this common parking act.

Homeowner faces outrageous $640 fine for common parking mistake​

In a tale that might strike a chord with many Australian homeowners, a man from Blue Haven on the NSW Central Coast has been slapped with a hefty $640 fine for what he considered a harmless and practical parking decision.
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However, a council ranger passing by didn't see the situation with the same neighbourly understanding and issued $320 fines for each vehicle parked on the nature strip. STOPPED READING AT THIS POINT.

Did he


It's too early in the day, I'm fekking confused!
 
It’s always been illegal, but I sympathise with the guy. More and more parking is being taken away, and then theres all the new subdivisions where the roads are that narrow that it only take one car parked legally on the road, and other vehicles can’t get passed.
 
While living in central Qld we had neighbours who refused to mow the council medium strip on his corner block. He would ring the council telling them it was getting out of hand and sure enough the council would come and mow & trim it. This went on for over 20 years.
 
Our street has no footpath, is quite narrow and already has several vehicles regularly parked both sides of the street, creating quite a bottle neck.
I unfortunately do not have a choice, there is plenty of room on the grass outside my home, wide enough for 2 vehicles, with a tree between them, and still room for pedestrians to get past (although I would not like to try to get a wheel chair or mobility scooter along our nature strips -never seen the council maintain it!).
I park against our fence, under the tree -which drops lots of debris, twigs, leaves and seed pods as well as plenty of bird droppings! - there is no way I will park on the road and add to the bottleneck especially with the way some drivers scream through as they use the street as a “rat-run” to avoid traffic lights.
 
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Many years ago we had purchased a brand new car
I parked on the neighbours nature strip wheels half on road half on strip. As l had tradesmen working on my house and they needed access to the driveway. Sure enough l was booked.
I never done it again when l was driving l always parked out front on the road.
In saying that all around me everyone parks on half on nature strip half on road. It does not worry me.
As people scream up my street and we worry about our cares getting damaged.
It's a bit rough though when the footpaths need repairing. Fix them instead of worrying about the grassy nature strips.
Kind regards to all Vicki
 
Personally I don't see a problem with parking on the nature strip as long as there is enough room to go around, I find it more of a problem when people park the opposite side of travel, one thing is for sure is that governments of all persuasion are broke and the only place they can get revenue is from the little people, you and I.
 
There are a lot of 'rules and regulations' in relation to parking however, this just highlights the in-humane attituded and lack of common sense shown by most Councils. There are many streets etc. in Blue Haven that are very narrow, a lot because there are no gutters on either side only a deep rutted channel where there is no room to park on the streets. The Council on the Central Coast was 'dismissed' due to being incompetent,not functioning in the residents' best interest' failing to account of funds and general mis-management. It has always been an offence to park on the area between the land-owners' boundary fence and the gutter line, whether there is a gutter or not. The area must be kept 'clear for pedestrian traffic.' So, if the Council Rangers are so dilligent in their duties I would like to see them to start issuing tickets for those dog walkers, groups of fitness walkers, single walkers or with kids using up the road area, forcing traffic to drive 'around them' or wait behind them as vehicles can't get around due to vehicles coming the other way, even though there is a 'grassed area with or without a footpath' specifically designed and vacant for their exclusive use. Having been 'trapped behind a group of fitness walkers on numerous occasions', I had to 'toot my horn to warn them' and the looks I got forced my blood to freeze solid, a couple of the group even gave me the 'finger salute' and laughed. There was no effort from them to move off the roadway so I had to wait until I could pass with safety. It is an offence, in NSW, to walk on a roadway when there is a pedestrian walkway available, with or without a footpath. The wide tarred bit is for cars, the area near the houses front fences are for walkers. As for mowing this area, which is not owned by the land-owner, Councils have Regulations 'forcing the owners of Houses' to 'maintain the area between their boundary line and the gutter line. A friend of mine went down this 'road years back' with his Local Council, after buying the house he payed a landscaper to clear the strip out front of the house, had it 'scraped with a bob-cat, put in good soil and layed down good quality grass.. the house looked neat and tidy, garden designed and looked great.... a few months later the Council arrived, whilst he and his wife were at work. They dug a large hole to put an attachment in an underground pipe. When they filled the hole, they didn't put the dirt in first because there was this mound of dirt in the middle of grass, no grass on top, my friend assumed that the grass square went in first, then the dirt or the dirt only went in and the 'grass walked away,. He contacted the Council, who sent someone out, he apologised, didn't offer to do anything more when asked. So my friend didn't bother to mow or maintain the area, someone complained to Council and a notice was sent giving the home owner a time limit to 'clean up the area in question or face a fine or legal proceedings. It ended up in Court, the Magistrate sympathised with my mate, he was ordered to comply with the Council order. The Council asked for 'Court Costs', these were declined, much to the discuss of Council, then the Council sent a notice to my mate that they would clean up the area, and the costs would be sent to him. When Council arrived 6 weeks later to their surprise, my mate and cleaned up the area, photographed before and after, both neighbours witnessed everything and the Council truck, with 3 workers left. So that is the attitude of Councils.
 
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While living in central Qld we had neighbours who refused to mow the council medium strip on his corner block. He would ring the council telling them it was getting out of hand and sure enough the council would come and mow & trim it. This went on for over 20 years.
Good for him. More fools everyone else!!!
 
While my wife was dying (she passed away on 8-8-2024) in the last year of her living Banyule city Council was terrorising us with despite signage “ENTRY PROHIBITED” (with 5 Authorities quoted) trespassing upon neighbours property to gain access by climbing over our fence and then trespassing by this onto our property causing damages, etc. After that they left and then vandalized my wife’s lawfully parked station wagon. After that a lawyer for the Council claimed that my motor vehicle that is parked in the driveway behind locked gates was offensive as it is not permitted to be parked there, etc. Then on 29 November 2023 council staff again trespassed and this time were banning on the back door that my wife called out to me that someone was trying to break in. Her heart rate (measured by blood pressure monitor) showed that the pressure went from 72 (measured before the incident) to 122. This for a woman who’s heart was pumping a mere 30%, had valves leaking and was in state 3 kidney failure, etc. As result she ended up unable to hold her balance and was confined now to a wheelchair. I caught the two council staff and made clear they were trespassing. As I am a constitutionalist, I have made clear that regardless of any claims they may have as to council by-laws they are unconstitutional as in Municipal of Sydney v Commonwealth 1904 the High Court of Australia made clear that municipal corporations have no legislative powers. Further, on 11 November 1910 the States lost their state land taxation legislative powers and as such the purported “council rates” are unconstitutional, hence I after years of complaining about this now stopped to pay and unconstitutional “council rates”. More about it all on my Scribd blog. Nature strips are council land and so councils themselves should mow them! Councils claim to be “law enforcement Agencies” but they cannot be so if they selectively seek to enforce the law suiting themselves! Also, the purported Infringement Court is no court at all! As I extensively canvassed at my Scribd. Blog.
 
https://constitutionwatch.com.au/fee-simple/

Fee Simple. - Constitution Watch

12 July 2022 ... What is an Estate in Fee Simple? Commonwealth v New South Wales [1923] HCA 34 (1923) 33 CLR 1. (9 August 1923) .



There is an excellent article at https://constitutionwatch.com.au/fee-simple/ which also refers to

Commonwealth v New South Wales [1923] HCA 34; 919230 33 CLR 1 (9August 1923)

QUOTE

Fee Simple.​

Posted onMay 10, 2022AuthorEditor

What is an Estate in Fee Simple?



Commonwealth v New South Wales [1923] HCA 34 (1923) 33 CLR 1

(9 August 1923)

HIGH COURT OF AUSTRALIA

KNOX C.J., ISAACS, HIGGINS, GAVAN DUFFY AND STARKE JJ.

THE COMMONWEALTH OF AUSTRALIA PLAINTIFF

AGAINST

THE STATE OF NEW SOUTH WALES AND ANOTHER DEFENDANTS

1920-1923: SYDNEY, Dec. 1-3, 1920; Mar. 21-29, 1922; Aug. 9, 1923 33 CLR 1

Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:-

(1920) 33 CLR 1 at 42

ISAACS J. In Challis's Real Property, 3rd ed., p. 218,

it is stated with perfect accuracy:—

“In the language of the English law, the word fee signifies an estate of inheritance as distinguished from a less estate; not, as in the language of the feudists, a subject of tenure as distinguished from an allodium.”

“Allodium being wholly unknown to English law, the latter distinction would in fact have no meaning.” “A fee simple is the most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law.”

It confers, and since the beginning of legal history it always has conferred, the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination, including the right to commit unlimited waste; and, for all practical purposes of ownership, it differs from the absolute dominion of a chattel, in nothing except the physical indestructibility of its subject.

“Besides these rights of ownership, a fee simple at the present day confers an absolute right, both of alienation inter vivos and of devise by will.” 2

END QUOTE
 
Send the council an itemised account for $10.000 for mowing their property.
I once sent the Brisbane council a bill for repainting the roof and bonnet of my car because the only parking was under power lines where the possoms and other wild life pissed and shit all over the car and damaged the paint.
The parking fine was cancelled, but I didn't get paid for the repaint job on my car.
 
While living in central Qld we had neighbours who refused to mow the council medium strip on his corner block. He would ring the council telling them it was getting out of hand and sure enough the council would come and mow & trim it. This went on for over 20 years.
I don't mow the "nature strip" outside my home. I don't the the time, energy or finances to mow this council property. Every few weeks council comes with their big mower & mows it without question. My neighbours all mow their "nature strip" without question but, as I found, leave it long & council comes & does it just as they mow the "dunny lanes" right through this town. They don't expect us to go behind our homes to mow these council owned spaces so why should I mow the council owned space in front of my home?
 
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Purely DIRTY revenue raising. Unless the home owner was blocking pedestrian walkways( footpath wether built or not). If the walkway was impeded then he deserved it. Too many people don't think that others may want to share this earth with them. Maybe a few more fines might make people think!
 

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