Parking fine withdrawn on compassionate grounds
What was the case?
A community lawyer contacted us about their client Ron, an elderly man who has disabilities. Ron had received a fine for failing to display a valid disability parking permit on his car. His permit had expired. Following the fine, Ron obtained a valid disability parking permit.
Ron’s lawyer requested Maroondah City Council withdraw the fine. The Council responded that it had issued the fine correctly and would not be withdrawing it. The lawyer then provided more information to the Council. The lawyer said Ron was an 84-year-old pensioner with significant health issues, and there was a risk Ron would have a heart attack if he had to go to court to challenge the fine.
The Council refused to look into the matter further. It said drivers are only entitled to one review under the Infringements Act.
We asked the Council to consider withdrawing the fine. It refused, on the basis the fine had been issued lawfully. As we were unable to resolve the matter informally, we closed the case. The lawyer requested an internal review of our decision to close the matter. Given Ron’s circumstances, we decided his case warranted further action.
We contacted the Council again, asking it to reconsider the fine on compassionate grounds. In doing this, we acknowledged to the Council that it had not made a technical error in issuing the fine.
Maroondah Council withdrew Ron’s fine.