Judul : How a $107 ticket sparked a $50k legal battle
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How a $107 ticket sparked a $50k legal battle
- Female driver secures a payout but ultimately faces a loss
A persistent driver ended up paying over $46,000 personally after winning a four-year battle concerning a parking ticket, which even drew the attention of the Attorney-General.
The woman, known in court documents as Ms Mathie, first faced a loss in a trial concerning a $107 penalty imposed in 2021 at the Elizabeth Magistrates Court.
She claimed that the Playford Council, in the northAdelaide, had wrongly accused her of double parking after she got stuck in heavy traffic.
A parking inspector's photo documentation indicated that Ms. Mathie's vehicle remained stationary for two minutes behind an SUV.
First reported by the The Advertiser, Magistrate Edward Stratton-Smith determined that there was room for her vehicle to move past the traffic in front.
She subsequently succeeded in an appeal in theSupreme Court, which dismissed her conviction on a technicality after it was discovered the ticket was not clearly marked.
As the offense was not clearly explained, Justice Julie McIntyre determined that the council's six-month period for prosecuting Ms. Mathie had ended, in a significant decision that deemed other parking tickets issued throughout the state also invalid.
Playford Council challenged the decision in the Court of Appeal, with support from Attorney-General Kyam Maher.
The Advertiser stated that when delivering its decision in May, the panel determined the parking ticket was clearly marked, including the term 'double parking'.
Nevertheless, they determined that Ms. Mathie's appeal had some merit since she was not represented during the trial, and the applicable road regulations, along with the responsibility to prove her case, were not sufficiently clarified to her.
"In such situations, we believe there has been an injustice and it is suitable to send the case back to the Magistrates Court for a new trial," the ruling stated.
Rather than attempting again, the council dropped the accusations.
The Appeal Court required the council to cover $10,580 in expenses, since Ms Mathie had requested over $57,000 to pay for her costs in contesting the $107 penalty.
The ruling mentioned "neither side attained complete victory," as reported by The Advertiser.
A representative from Playford Council stated to Daily Mail that the council remains committed to challenging the penalty "to maintain the credibility of the settlement procedure."
"This is also why the Attorney-General of South Australia became involved, backing the council's appeal," the spokeswoman stated.
This matter was not related to one specific penalty, but rather a core legal principle that has significant consequences for South Australia's entire penalty system.
It was crucial to maintain that system and the legal principles that underpin it, which is why the council took the issue to the Court of Appeal.
There was concern that the legal consequences of failing to act would have been significant for Playford, other councils, and the South Australian Police.
The Daily Mail has reached out to Playford Council for additional remarks.
Read more- Why did a young Australian law student's David versus Goliath battle against a $97 parking ticket end in failure?
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- Can you believe it? Learn how a driver managed to overturn a massive £9,500 parking charge following a tense six-year legal struggle!
- How did a grandparent's £160 parking ticket become a 'positive outcome' against fraudsters and debt collectors?
- What motivated this persistent senior citizen to triumph in court against powerful parking corporations for just a £1 charge?
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