Man fights back against unfair parking fine and wins – Find out his bizarre story!
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Parking fines can be a source of frustration for us all - after all, who wants to lose money overr something as small and relatively insignificant as parking?
But what if the parking fine that you receive is totally unfair and wrong? Is there anything that can be done?
Damian Seagar from Erskineville recently found himself on the wrong side of parking regulations and felt the full force of the law.
In December last year, he received a whopping $362 fine for 'parking within 10 metres of an intersection with no traffic lights'. Understandably, Seagar was shocked at the exorbitant price of this fine - and doing some further research among his neighbours, his confusion merely grew.
It seemed no one else knew that they couldn’t park in this spot - yet he was the one receiving the hefty fine.
'This seemed ludicrously over the top for a quiet area,' Seagar said.
'I would never park intentionally illegally if it was signposted that way!'
‘It's really unclear, and it's mixed messaging to have some corners with signs and some without because that implies that the corner without the sign is fine.’
Seagar was determined to fight the fine and set out to prove his innocence. Despite having no legal training, the Erskineville resident went to Sydney Downing Centre Local Court to represent himself.
And believe it or not, it worked!
To prove his case, Seagar took an impressive 40 photos of other cars parked in the same spot over the past two months.
He argued that if 'no one knows about' the parking rule, it was unfair for him to pay a hefty fine for something he could not know.
It should be noted that a survey conducted by Yahoo News Australia aimed to determine public awareness of a specific road rule.
The results revealed that 61 per cent of respondents were not aware of the rule and believed there should be signs to inform drivers, while 39 per cent believed the rule was common knowledge.
He also offered various explanations for the fine, arguing that his car was three metres away from the intersection and did not obscure the view of anyone travelling over the intersection.
In fact, he argued that a building on the same corner was far closer to the intersection than his car — a full 1.7 metres away.
Magistrate Haskett was evidently impressed by Seagar's argument and dismissed the penalty, which the motorist himself credits to being well prepared.
He remarked: ‘I put a lot of work in and submitted a lot of paperwork, and they were pretty impressed by that.’
Seagar has a fresh challenge ahead – earlier this year, he received the same hefty fine for another car that had been parked in the same spot for almost five months.
But he’s not afraid to give it another shot. If he can win the first one, then why not the second?
He remarked: ‘The warden would have seen it parked in that spot when they ticketed me for the first one.’
‘It just shows even some wardens don't know the rules properly themselves.’
The case of Damian Seagar highlights that receiving a parking fine does not always mean accepting guilt. If you believe the fine is unfair, you can always challenge it in court.
The outcome proves that preparation, evidence, and determination can be effective in defending oneself against a parking ticket.
The incident also highlights the need for better communication and signage regarding parking rules. (You may read about this lesser-known parking rule that could give you a $3200 fine).
So, next time you find yourself with an unfair parking fine, don't hesitate to stand up for yourself - you might just be able to prove your innocence.
Members, would you consider fighting your parking fines if given a chance, or would you accept your fate? Let us know your thoughts in the comments below!
But what if the parking fine that you receive is totally unfair and wrong? Is there anything that can be done?
Damian Seagar from Erskineville recently found himself on the wrong side of parking regulations and felt the full force of the law.
In December last year, he received a whopping $362 fine for 'parking within 10 metres of an intersection with no traffic lights'. Understandably, Seagar was shocked at the exorbitant price of this fine - and doing some further research among his neighbours, his confusion merely grew.
It seemed no one else knew that they couldn’t park in this spot - yet he was the one receiving the hefty fine.
'This seemed ludicrously over the top for a quiet area,' Seagar said.
'I would never park intentionally illegally if it was signposted that way!'
‘It's really unclear, and it's mixed messaging to have some corners with signs and some without because that implies that the corner without the sign is fine.’
Seagar was determined to fight the fine and set out to prove his innocence. Despite having no legal training, the Erskineville resident went to Sydney Downing Centre Local Court to represent himself.
And believe it or not, it worked!
To prove his case, Seagar took an impressive 40 photos of other cars parked in the same spot over the past two months.
He argued that if 'no one knows about' the parking rule, it was unfair for him to pay a hefty fine for something he could not know.
It should be noted that a survey conducted by Yahoo News Australia aimed to determine public awareness of a specific road rule.
The results revealed that 61 per cent of respondents were not aware of the rule and believed there should be signs to inform drivers, while 39 per cent believed the rule was common knowledge.
He also offered various explanations for the fine, arguing that his car was three metres away from the intersection and did not obscure the view of anyone travelling over the intersection.
In fact, he argued that a building on the same corner was far closer to the intersection than his car — a full 1.7 metres away.
Magistrate Haskett was evidently impressed by Seagar's argument and dismissed the penalty, which the motorist himself credits to being well prepared.
He remarked: ‘I put a lot of work in and submitted a lot of paperwork, and they were pretty impressed by that.’
Seagar has a fresh challenge ahead – earlier this year, he received the same hefty fine for another car that had been parked in the same spot for almost five months.
But he’s not afraid to give it another shot. If he can win the first one, then why not the second?
He remarked: ‘The warden would have seen it parked in that spot when they ticketed me for the first one.’
‘It just shows even some wardens don't know the rules properly themselves.’
Key Takeaways
- A Sydney man has managed to have his $362 parking fine dismissed after presenting a compelling case about a little-known road rule.
- The rule meant he was penalised for 'parking within 10 metres of an intersection with no traffic lights' in a usually parked spot with no signs suggesting it was illegal.
- To convince the court for leniency, Mr Seagar provided 40 photos of other cars parked in the exact same spot and evidence that his car did not obstruct the view of the intersection.
- He succeeded in dismissing the penalty and now plans to contest another similar fine received in the same area.
The case of Damian Seagar highlights that receiving a parking fine does not always mean accepting guilt. If you believe the fine is unfair, you can always challenge it in court.
The outcome proves that preparation, evidence, and determination can be effective in defending oneself against a parking ticket.
The incident also highlights the need for better communication and signage regarding parking rules. (You may read about this lesser-known parking rule that could give you a $3200 fine).
So, next time you find yourself with an unfair parking fine, don't hesitate to stand up for yourself - you might just be able to prove your innocence.
Members, would you consider fighting your parking fines if given a chance, or would you accept your fate? Let us know your thoughts in the comments below!