Parking on a nature strip council fine.
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Tedblurter
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Parking on a nature strip council fine.
I receive a P/N for parking on my nature strip from the local council. I live on a corner and there are solid white lines painted around to prevent me from parking on the road. It seems that everyone else in the suburb can park on the nature strips without a problem, but I cant. I have been given attention by the council for about 8 years now. I contacted the manager of by laws and asked why I was so special to them and not others. He said we generally don't worry about that unless someone complains. I asked who complained and why don't you fine others who park on the nature strips of those who have converted nature strips to gravel. I have elected to take the fine to court and their prosecuting firm has ignored two email requests for information. The matter is now at case conference stage and once again the firm has not responded to me. I have had a car punched through some neighbour's front yards when parked legally and hit by another. I am using the defence of necessity and selective application of the law. Also what part of the RSA or RRules allows a council to create a parking space set aside for the Mayor and councillors? Any comments would be appreciated.
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LEO
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Re: Parking on a nature strip council fine.
What's the Necessity, your mistaken belief you have the right to park wherever or however you feel like outside your house?
Necessity and selective application of the law isn't a defense as to why you committed the offence, though the court may take it into account when sentencing you.
Also its not selective application of the law, the council has told you how they enforce the law in this circumstance, so if you're so annoyed by others not being fined put in formal complaints about all the other vehicles.
Its council controlled land, so they get to decide what parking spaces are used for or by whom. I believe it covered under the Road Management Act 2004.
Necessity and selective application of the law isn't a defense as to why you committed the offence, though the court may take it into account when sentencing you.
Also its not selective application of the law, the council has told you how they enforce the law in this circumstance, so if you're so annoyed by others not being fined put in formal complaints about all the other vehicles.
Its council controlled land, so they get to decide what parking spaces are used for or by whom. I believe it covered under the Road Management Act 2004.
Last edited by LEO on Tue Nov 17, 2020 5:18 pm, edited 1 time in total.
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Gravy
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Re: Parking on a nature strip council fine.
You said it's on a corner, so I wonder if it's an issue specific to the location? I.e. that someone has complained because the position of your vehicle is blocking sight lines to do with the corner. Just a thought.
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Hardy
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Re: Parking on a nature strip council fine.
Is it a truck?
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Tedblurter
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Re: Parking on a nature strip council fine.
No. It is not a truck. There is 1 1/2 car lengths after you pass the car prior to the intersection.
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Hardy
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Re: Parking on a nature strip council fine.
Thought it might be relevant because these questions are in the Truck and Heavy vehicle forum, and not the parking one.
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LEO
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Re: Parking on a nature strip council fine.
Tedblurter wrote:No. It is not a truck. There is 1 1/2 car lengths after you pass the car prior to the intersection.
Are you within 10m of the intersection?
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