Man fights back against unfair parking fine and wins – Find out his bizarre story!

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.


878c0c40-ae5c-11ed-aef4-678b05aa1db7

Motorist Damian Seagar challenged a large parking fine that he received for parking in a spot that he and other residents believed to be a legitimate parking area. Credit: Damian Seagar.



'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!
 
Sponsored
I certainly agree that if the area was not signposted, and many others were also parking in this manner, then there is a problem that needs to be addressed. BUT, this is also why I have maintained for many years now, that we should ALL, regardless of what state we live in, or what age we are, be re-tested on our road rules and parking rules whenever we re-new our license. I find people sense of entitlement is beginning to outweigh the laws. How often have you seen someone parked over someone else's driveway, car drivers without appropriate signage parked in disability spots or in delivery bays? Maybe there should be more effort put into enforcing these situations and, who knows, if it happens often enough, people might actually start doing the right thing again.
And anyone new to the country, whether from another English speaking country or not, should also have to sit for the appropriate license here before being allowed an Australian license. This includes foreign truckdrivers. I, and a number of my family, spend a lot of time on the roads for our jobs and have seen some shocking abuse of rules by drivers in general, and when listening to the news, I am often gobsmacked by the comments made by people who have ended up in court for their lack of knowing the rules.
Congratulations to this gentleman for following up and fighting the fine with such gusto, but maybe what he now needs to do is go back and brush up on the rules so he doesn't need to find himself in this position again.
 
I find that hard to believe that you didn't even take a driving test
I have heard a similar story where a lad who lived on a farm, was under age to drive but regularly drove into the country town. When the time came for him to get his licence he was given this without a test because, (quote) ' We have seen you often enough driving in town & know you are a safe driver. Here's your licence.' l will add this was some 55 years ago.

I guess the Police do things differently in some country towns. Some 30 years ago while doing relief work @ Kalgoorlie- Boulder Prison l had to go to a country Police Station with another officer to pick up a sentenced person. Another detainee made a remark to the Constable about his (the detainee's new haircut). The reply from the Policeman was (quote) 'Kinda makes you horny, doesn't it?' Not the sort of comment l'd make in this situation.

On another occassion in the same period during a visit l refused a visitor permission to bring an item into the prison. I later saw a prisoner with the refused item. An officer who lives in the town permitted this.

Like the Policeman, these people have to live in the town, "live" with these people & sometimes say & do things which are not normal to keep the peace.
 
I find that hard to believe that you didn't even take a driving test
No, I can believe it, I have met many country folk who got their licences at the local cop shop. But they had probably been driving the tractors or other farm machinery since they could reach the peddles. Then there was the fun of paddock bashing in the old ute.
 
I find that hard to believe that you didn't even take a driving test
This is tonthose that think it was wrong to get this ticket because of ‘NO SIGNAGE’.
I got my drivers licence in 1972. The rule about parking within 30 ft (10 metres) of an intersection was in effect then as were many other rules ignored by so many today. There were no yellow lines on the road then to indicate ‘no parking’. Yellow lines are there today but they are still ignored. We learned the rules DURING our driver training and had to observe them BEFORE we got our licence, not after an accident or a fine.

No wonder there are so many accidents, deaths and injuries on our roads these days involving so many young people, if they can just walk into a police station and answer a few questions to get their licences. There appears to be little between some of their ears. Look at the stealing of cars and driving by youths as young as 13 and crashing because they’ve been speeding and couldn’t control those cars. All this comes with LEARNING to drive AND learning the rules of the road and driving according to them.Many of the more mature people on this site would have gone through similar training and learning the rules as I did.

An incident I had - I was indicating to turn left to drop my son off at a bus stop around the corner but a bus stopped in front of me & was impeding my turn so my son got off behind the bus. I was fined $80 for ‘stopping in a no stopping zone’ to drop off a passenger and that was over 30 years ago. I paid the fine & sucked it up, as they say. Do the wrong thing out of ignorance and that’s what you have to pay for. You cannot expect to get out of it all the time.
 
Last edited:
  • Like
Reactions: MotherGoose
Yes it has been a RULE for ever, I suggest people should buy the rule book and have a bit of a read. Most Laws are common sense, but that seems to be missing now days.
 
  • Like
Reactions: Linwar
It
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.


878c0c40-ae5c-11ed-aef4-678b05aa1db7

Motorist Damian Seagar challenged a large parking fine that he received for parking in a spot that he and other residents believed to be a legitimate parking area. Credit: Damian Seagar.



'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!
It may have been within 10 feet of an intersection, but it was also right next to an exit / entry to a factory. I think the combination of both offences is why he was fined, A truck exiting this factory would have to drive on the other side of the road to exit. This is why there is so much extra space allotted .
 
If he can't park there then there should have been a yellow line painted parallel
to the gutter so I am not surprised he won
Not all councils cover their entire shire in yellow lines, it is up the the driver who should know the road rules to not park in an area.
 
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.


878c0c40-ae5c-11ed-aef4-678b05aa1db7

Motorist Damian Seagar challenged a large parking fine that he received for parking in a spot that he and other residents believed to be a legitimate parking area. Credit: Damian Seagar.



'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!
if it is a rule then it is a rule so tough luck i say.. i would be peeved bit one needs to suck hard at times.
 
This is tonthose that think it was wrong to get this ticket because of ‘NO SIGNAGE’.
I got my drivers licence in 1972. The rule about parking within 30 ft (10 metres) of an intersection was in effect then as were many other rules ignored by so many today. There were no yellow lines on the road then to indicate ‘no parking’. Yellow lines are there today but they are still ignored. We learned the rules DURING our driver training and had to observe them BEFORE we got our licence, not after an accident or a fine.

No wonder there are so many accidents, deaths and injuries on our roads these days involving so many young people, if they can just walk into a police station and answer a few questions to get their licences. There appears to be little between some of their ears. Look at the stealing of cars and driving by youths as young as 13 and crashing because they’ve been speeding and couldn’t control those cars. All this comes with LEARNING to drive AND learning the rules of the road and driving according to them.Many of the more mature people on this site would have gone through similar training and learning the rules as I did.

An incident I had - I was indicating to turn left to drop my son off at a bus stop around the corner but a bus stopped in front of me & was impeding my turn so my son got off behind the bus. I was fined $80 for ‘stopping in a no stopping zone’ to drop off a passenger and that was over 30 years ago. I paid the fine & sucked it up, as they say. Do the wrong thing out of ignorance and that’s what you have to pay for. You cannot expect to get out of it all the time.
Yes - there are a lot of rules that drivers should know but over time we forget them and then get annoyed when we are "pinged" for transgressing them. Just because the driver forgets the rules regarding how far back to park from an intersection does not mean that signage is required.
 
Lol...you had learner driving 60 years ago? I walked into the Police Station on my 16th birthday, answered a few questions, and walked out with my full licence!
I did the same at 15, but in another country, 63 years ago.

Backstory: I drove my father's car (a taxi) on my own to the testing facility, and passed my first and only driving test.
 
Last edited:
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.


878c0c40-ae5c-11ed-aef4-678b05aa1db7

Motorist Damian Seagar challenged a large parking fine that he received for parking in a spot that he and other residents believed to be a legitimate parking area. Credit: Damian Seagar.



'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!
I knew of this road rule. Parking too close to an intersection like that can cause vision problems and it becomes dangerous. I witnessed an accident due to this same issue.

It was extremely stressful to see.
 

Join the conversation

News, deals, games, and bargains for Aussies over 60. From everyday expenses like groceries and eating out, to electronics, fashion and travel, the club is all about helping you make your money go further.

Seniors Discount Club

The SDC searches for the best deals, discounts, and bargains for Aussies over 60. From everyday expenses like groceries and eating out, to electronics, fashion and travel, the club is all about helping you make your money go further.
  1. New members
  2. Jokes & fun
  3. Photography
  4. Nostalgia / Yesterday's Australia
  5. Food and Lifestyle
  6. Money Saving Hacks
  7. Offtopic / Everything else

Latest Articles

  • We believe that retirement should be a time to relax and enjoy life, not worry about money. That's why we're here to help our members make the most of their retirement years. If you're over 60 and looking for ways to save money, connect with others, and have a laugh, we’d love to have you aboard.
  • Advertise with us

User Menu

Enjoyed Reading our Story?

  • Share this forum to your loved ones.
Change Weather Postcode×
Change Petrol Postcode×