CARR Title

PARKING

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COUNCILS RIP OFF MOTORISTS

Local councils in NSW are now completely addicted to fines, having raised a record $162 million in 2010 alone. Much of that revenue came from parking fines. These outrageous statistics have prompted the NSW Business Chamber to call for an immediate review of parking fines to curb profiteering from shoppers by overzealous councils.

The City of Sydney Council generated much of its revenue from parking infringements. It raised a total of $43 million in fines in 2010, four times as much as the next council on the list, Waverley City Council. Sydney City Council collected $8 million from more than 95,000 vehicle users who were fined for parking longer than allowed.

The next most profitable fines for that council came from those not displaying a ticket, with most people assumed not to have paid for one. Old-fashioned meters used in some council areas also remained effective council revenue-earners, with North Sydney collecting $2.4 million from 28,961 fines.

NSW Business Chamber spokesman Paul Ritchie stated that many councils had become aggressive revenue-raisers when it came to parking. "Although I sympathise with councils who are experiencing limited revenue and increasing community expectations, the escalation of parking offences as a form of revenue is just harming our local shopping strips," he said.

"Councils are getting sneakier, with hidden cameras, laptops and all sorts of electronic surveillance. In the case of the City of Sydney, there's clearly an anti-car agenda in play and that does have an impact on businesses." He observed that not only were councils losing community goodwill, local shopping strips were also being disadvantaged as residents took advantage of free parking in the larger shopping centres.

Liberal politician Mike Baird wants Manly Council to review its beachside parking policies, with swimmers and surfers being fined as early as 7:00am. "People are getting fined as early as 7:00am while they go for a surf - it's got nothing to do with safety or traffic turnover," he said. "Parking fines have become a blatant cash grab."

MELBOURNE COUNCIL PROVES THAT IT IS ALL ABOUT REVENUE

Melbourne Lord Mayor Robert Doyle defended plans for a big increase in parking fees and rates in the city council's draft budget. The 2013-14 draft budget included plans for a 37.5% increase in parking fees and a 3.75% rate rise. The cost of parking in the Melbourne CBD for one hour was increased from $4 to $5.50 and parking restrictions were tightened in order to make it harder for motorists to comply with them.

Doyle stated that the city's revenue had dropped, in part because motorists were getting fewer parking fines. "There's a $10.5 million shortfall in parking revenue basically caused by compliance. People are following the rules, so our projected fines did not reach what we thought we were going to get," he said. The increased parking fees and rates are expected to raise an extra $15 million.

COUNCIL PUNISHES MOTORISTS FOR COMPLYING WITH THE LAW

So what did Melbourne City Council do? Did it congratulate motorists for complying with parking restrictions? Oh no, council took action to make it even more difficult to comply with those restrictions and thus entrap motorists into getting booked more often, in order to boost revenue from fines. Too many were following the rules so they needed to be changed. They happily announced that through a little tinkering with the rules, the money is again flowing freely. The City of Melbourne has credited timing differences on construction zones for helping it raise $500,000 more in parking meter revenue than predicted. The council had budgeted to get $11.9 million in the year to September 2015, but collected $12.4 million.

This disgraceful statement from Lord Mayor Doyle and this blatant council scam just proves that the real reason for parking meters is not to make parking spaces available to more motorists and to stop people parking all day in densely used areas, but is all about raising revenue, both from parking fees, but more importantly from fines. So all this time, councils have blatantly lied about the real reason for parking meters and parking restrictions, but that is par for the course, just as state governments lie about the real reason for speed and red light cameras.

The alleged reason that councils always trotted out for fining people for exceeding the parking time limitations was to deter this practice, but here was this disgraceful excuse for a politician Robert Doyle complaining that the council had to raise parking fees because too many people were actually complying with the parking restrictions. He was upset that more people were being conscientious and following the rules and this was cause for alarm.

What Doyle complained about was essentially the same as if a state premier complained that too many people were sticking to the speed limit and were not getting booked, so speed limits would be reduced even further and speeding penalties would be increased, in order to frustrate more motorists and lead them into being entrapped into being fined.

Every council and every state government in Australia now relies on revenue from fines and they all do their best to entrap motorists in every way possible. It is a thorough disgrace that the very people that we elect to look after our interests seem to only be concerned at how many ways they can invent to rip us off. But there is a simple and easy remedy and one that CARR has suggested for many years. Simply do not park in places where rapacious councils and their rangers slap motorists with fines for the slightest reason.

If you need to go shopping, go to shopping centres and areas where there are no parking meters or restrictions and there are plenty of those places around. If you need to go to the CBD, use public transport and never risk getting booked. If you need to pick something up from the CBD, use a cheap courier - it generally works out cheaper than driving to the CBD and parking. Motorists need to deal with these bastards masquerading as politicians and deny them the revenue that they covet and there are many ways to keep their money out of their grubby hands.

STONNINGTON COUNCIL PROVES THAT IT'S JUST ABOUT REVENUE

In November 2015, Stonnington City Council called parking contractor Tenix to account for failing to raise enough revenue in the last quarter. In a notice paper from 09 November, the council’s quarterly financial report outlined the projected $100,000 shortfall in parking control. Mayor Claude Ullin said "When Tenix won the right to operate our parking contract, they GUARANTEED that they would issue a minimum number of parking infringements each quarter. They fell short in the first quarter and they’ve said they will up patrols to make up the shortfall." Tenix stated that they will try to fix the problem and save their contract with Stonnington by increasing the hours inspectors work through having them work overtime to "rectify the situation".

So the truth is that Stonnington Council is running a racket in cahoots with Tenix and has co-opted the Victorian legal system with all its "pretend" laws to perpetrate this scam. If there is a shortfall in parking penalties, it means that motorists are complying with parking restrictions and not being booked as much.

But instead of being commended for this, Stonnington Council is complaining that motorists are obeying their parking regulations. It's hard to believe. It's like the cops saying, "Hey, we haven't caught enough people speeding this month, so we will send out more cops to entrap motorists and book them." But hell, that's what the cops do as well. The entire legal system that backs this racket has to be closed down. You cannot have a fair system where the people who are running the infringement system are also adjudicating whether infringements are valid. It's the old "fox in charge of the henhouse" scam.

In any case, all those Victorian laws are essentially Ultra Vires - in excess of their powers. Under our Constitution and our legal system, there cannot be such blatant collusion between a private company and local and state government, when it can be proven beyond a shadow of doubt that the system that this private company is under instructions to deliver a certain amount of infringements per year.

Let's say that all the motorists in Stonnington Council's jurisdiction just complied with the parking restrictions and nobody was booked. So what would the council do then? It would be a criminal act to force council rangers to book motorists if they were not doing anything wrong, like overstaying their parking times or not standing on restricted zones. What then?

Of course this won't happen, but what should happen is that motorists who are booked should immediately use the CARR Defence - if the council cannot positively identify the driver, then the council has no case, because all those "Owner Onus" and "Deeming" laws are Ultra Vires too. Parking, believe it or not, is still a criminal offence, therefore the prosecution has the full onus of proof and has to identify the driver for a prosecution to be valid.

In any case, a penalty notice is not worth the paper on which it is printed and any enforcement action to recover a penalty prior to conviction is illegal under the Imperial Acts Application Act. CARR advises all motorists to never pay a parking penalty unless they have first been convicted in a court of competent jurisdiction and the Victorian Infringements Court is certainly not such a court. As well, the Victorian Sheriff has no business trying to act on an Enforcement Order issued by that court if the person named has not been convicted in a proper court of any offence.

HOW THE STONNINGTON SCAM WORKS

Here's the truly incredible, diabolical and insidious nature of the arrangements that private, profit seeking company Tenix has with authorities like the City of Stonnington. When you delve into the situation the nature of the extortion beggars belief. Tenix is assigned powers under the Infringements Act to collect "guaranteed" amounts of revenue and to split the profits with its clients, while having the powers of state laws in their hands. What happens if you dispute a fine? The dispute is considered by - yes, you guessed it - Tenix. Why would they ever dismiss a fine when they are trying to reach targets that gain them income and protect their contracts. Hence they never give in.

It gets worse though. If you don't pay the fine, it goes to Civic Compliance who add "costs". Guess who they are? Yes - it's Tenix. Of course if you don't cough up you'll then receive an inflated fine after it goes though the Infringement Court system. This isn't a real court at all - its a computer that spits out a court notice with more charges. Who is the Infringements Court? You guessed it again. It's private company Tenix once again! Unreal but very true.

If you don't pay, the Sheriff will get involved. You'll receive a warrant issued by the Sheriff's office. We'd think that by now we'd finally have someone at arm's length from a private profit-making entity. Guess who the Sheriff's office is run by? Once again its Tenix. The same guys that will wheel clamp your car, cancel your driver's licence or registration - or maybe seize your possessions or arrest you if you don't pay their invoices.

So the company that has contracts to issue fines with the powers of the law "assigned" to them is the same one that reviews appeals, enforces fines, issues court notices and then enacts warrants. There is no impartiality in the process and no chance of a fair hearing, as it's all driven by profit for the benefit of a private company run by billionaires such as Paul Salteri, who was reported to have sold his mansion in Sydney's swanky suburb of Castlecrag for over $13 million in November 2015. This man has become a billionaire from the misery of motorists.

This isn't a conspiracy theory, but a real conspiracy of collusion between Tenix, a private company that has been given extraordinary legal powers to run Victoria's traffic camera scam and the parking scams of councils such as Stonnington City.

AN INTERESTING DEFENCE STRATEGY

The federal National Measurement Act 1960 is in force throughout Australia. One of its important requirements is that each measuring device used in commerce must be properly certified to be accurate. Measuring instruments such as weighing scales in stores, fuel pumps and literally anything that measures anything for trade and commerce must be certified as being accurate.

Now it can be proven that both Melbourne and Stonnington Councils are engaged in commerce with their parking scams, because the mayors of those councils have publicly admitted that they are chasing the revenue from parking fines. Therefore, it could quite rightly be shown that the measuring devices used in gathering that revenue are required to comply with the National Measurement Act. Parking meters, boom gate timing devices and even the watches on the wrists of rangers that are used to calculate if a car has overstayed the parking limits - every one needs to be certified under that Act.

Those councils certainly cannot claim that their parking penalty system is merely there to give motorists a fair go at parking, certainly not when Melbourne Council mayor Robert Doyle stated publicly that because of a shortfall in revenue, the council had rejigged the parking restrictions so as to penalise more motorists - for revenue. The same goes for Stonnington Council mayor Claude Ullin, who admitted that he berated Tenix to increase the amount of infringements it issued. Why? For revenue, that's why.

Thus the admissions from those two mayors can be used in a court of law to prove that those councils are engaged in commerce by raising revenue from parking infringements and thus every single item of measuring equipment used in that exercise must be duly certified under the National Measurement Act. The interesting thing is that none of those devices are certified at all. That alone should be grounds for dismissal of any parking fine at a meter, in a parking station controlled by boom gates and tickets or booked by a ranger using his watch.

PRIVATE CAR PARKING STATIONS

There are many private car parking stations in major cities and depending on their location, they can charge reasonable fees or they can be predatory beyond belief. One particular company, Wilson Parking operates more than 300 private parking stations all over Australia and New Zealand. The rates that Wilson Parking charges vary from the reasonable to the ridiculously rapacious.

For instance the fees at the Sydney Opera House car park are truly disgraceful. This car park is operated by Wilson Parking and the casual evening parking is a whopping $37 after 5:00pm. So a person attending a show, which is usually fairly expensive and parking at the Opera House, is slugged $37 for maybe 3 hours or so.

Wilson Parking certainly know how to gouge people. I was given of tickets to Cirque Du Soleil that was staged at the Moore Park Entertainment Precinct in Sydney. Wilson Parking operate the car park in the precinct and the casual rate for 3 to 4 hours is $10, long enough to attend a show. But if there is an event at the precinct, such as Cirque Du Soleil, Wilson Parking slugs people a flat rate of $25. What's the justification for this? I wrote to Wilson Parking for an explanation and I received a reply that completely avoided giving me a reason for this ripoff.

As usual, CARR advises that you should always determine the exact charges for using private car parks and avoid being ripped off, such as parking at the Sydney Opera House or the Sydney Entertainment Precinct when an event is being staged. There are always alternatives, such as public transport from home or the very simple expedient of driving to the vicinity of the event you wish to attend, park in an unrestricted parking spot like in a side street and catch a bus right to the venue.

The best form of protest is the boycott, where the ripoff merchants don't get your money. If you come across any services that are obviously engaging in gouging, such as some private car parks, then just find ways to avoid them and still be able to do what you want.

For instance, next time I have occasion to go to the Sydney Entertainment Precinct, I will merely drive to Kensington, park in a side street right near a bus stop and catch a bus to and from the precinct, costing me a total of $2.50 with my Seniors Card concession. With the Opal Card, I won't even have to go and buy a ticket.

The only loser will be Wilson Parking that won't be ripping me off for $25. The same goes for events at the Opera House, where I can catch a bus from an adjoining suburb and use the $37 I save to buy a nice meal. I just wish that everybody would do this and force these greedy private parking companies to either reduce their fees to something reasonable or go out of business.

THE GREAT AIRPORT PARKING RIPOFF

One of the most iniquitous ripoffs in Australia is the cost of parking at major airports and there is no reason for such massive charges except blatant profiteering. This is what Sydney Airport charged in 2012 to park in the domestic terminal carpark.

Yes folks, to park for up to 24 hours in that carpark will cost $56 - quite the ripoff. But do you really understand the monstrosity of this scam? The $16 for an hour is outrageous, but here are the sums for the 24 hour charge:

The average carpark space is 40 square feet and it costs $56 for up to 24 hours at Sydney Airport. That means that at this rate, it costs a whopping $392 for a week. An average 2-bedroom apartment is 700 square feet, 17.5 times larger than that car space. So multiply $392 by 17.5 and you find that for that car space at Sydney Airport, you are paying the equivalent of a whopping $6,860 per week if you were renting that 2 bedroom apartment at the same rate. But all you get is a piece of concrete where you can park. You do not get a toilet, running water or any other amenities for that equivalent of $6,860 per week rental.

But even the long-term parking cost is pretty expensive. This is what Sydney Airport charged in 2012 to park in the Blue Emu long-term carpark.

Parking in the Blue Emu carpark for a week is the equivalent of paying $2287 per week for that 700 square feet 2 bedroom apartment. What is worse is that for this outrageous cost, the carpark operators do not even guarantee the security of your vehicle. If somebody manages to steal your car from any of these carparks or break into them and cause expensive damage, the operators claim no responsibility, although motorists may have grounds to sue them for abrogating their duty of care.

PICK UP PASSENGERS WITHOUT RISK OF BEING BOOKED

There are many ways to completely avoid paying these ripoff parking fees in these days of technology and mobile phones. If you are picking up a passenger from the airport, just park in a street close to the airport and arrange for that passenger to call you on your mobile phone when he is about to retrieve his bag from the luggage carousel. Then you just drive into the airport precinct and pick up the passenger from the waiting area - completely free.

For instance, at Sydney Airport domestic terminal, you can drive into the General Aviation area and park on the side of the road, or in the McDonalds or KFC and wait for that phone call. In around one minute, you can drive from there to the arrivals pickup point. At Melbourne's Tullamarine Airport, you can drive into the freight and business area before the airport and wait until the person you are meeting is ready to be picked up and then you can be at that pickup point within two minutes. Other airports would have similar places where you could wait for arriving passengers without risking getting booked or paying extortionate parking fees.

Most people now have smartphones, so there are many applications that will assist motorists in timing their arrivals at airports to pick up passengers. For instance, there is an iPhone application called Airport that provides real-time arrival and departure data plus much more and it is completely free. So you can check to see if the flight that you are meeting is on time, running late or even cancelled.

That way, you can always be certain as to what you should do and where you should be, in order to meet the flight and pick up your passenger without paying one single cent for parking or even worse, risking paying a horrendous fine.

A GREAT WAY TO AVOID AIRPORT PARKING RIPOFFS

If you are travelling, you can park your car for free in a suburban street near the airport that is on a bus route going to the airport terminal and merely go by bus. You can park for as long as you like in that suburban street and get to the airport for nothing more than the cost of a bus ticket. If for instance you are going interstate for a few days, on-street parking should be secure, especially for cars with modern immobilisers. You are just as likely to have your car damaged in the airport carpark as you are by parking it on a suburban street and in any case, airport carpark operators take no responsibility for the safety of your car.

In Sydney, the Sydney Buses 400 route runs from Bondi to Burwood and stops at both the International and Domestic terminals, so you can park your car in a quiet suburban back street near a convenient bus stop along that route. It should be as safe as parking anywhere and you can catch the bus right to the airport, take your flight and come back in a few days or a week and catch the bus back to the stop where your car is parked. This is a hell of a lot cheaper than parking your car at the airport or at any of the private parking company carparks. I have done this a couple of times and it works well.

A GREAT WAY TO AVOID SYDNEY OLYMPIC PARK PARKING RIPOFFS

Parking at Sydney Olympic Park can be a very expensive exercise that is completely avoidable. Bus route 525 goes from Newington right to the centre of Sydney Olympic Park, stopping in a few places, but mainly at the Olympic Park train station.

If you need to go to an event at that precinct, just drive to the suburb of Newington, which is close to Sydney Olympic Park anyway. Park your car in any of the side streets around the Newington Marketplace shopping centre where there is completely unrestricted parking. The 525 bus stop is next to the fish and chip shop and it is a 10 minute ride straight to the Olympic Park train station.

Getting back to your car is just as easy. Catch the 525 bus from the stop opposite the Olympic Park train station and get off at the bus stop opposite the Homaru Japanese restaurant. This is a sensational way to completely beat the outrageous parking fees at Olympic Park and the bus from Newington takes about as long to get to Olympic Park as the shuttle buses from the various parking areas at Olympic Park take to get to the railway station or the stadiums.

Apart from the train, there are a number of bus routes servicing Sydney Olympic Park, for instance 401, 450, 525, 526 and 533. There may be other bus routes that go to the Olympic Park. The trick is to see if any of those routes go from your area and investigate all-day parking spots near their bus stops, park your car at one of them and then take the bus.

There is a catch to this. If there are a group of people travelling in the one vehicle, it may be cheaper just to drive to Sydney Olympic Park and pay the parking fee. Pre-booked parking costs $20 per day and $25 for special events. So if there are four people going to the Olympic Park, spreading the cost of parking works out at $5 per person, which is cheaper than paying four individual return train or bus fares. Casual parking costs $4 per hour, so if you know that you are going by yourself or with a friend to only be at the Olympic Park for that short a time, it is not worth playing around with public transport that will cost the same for a return ticket or two as a couple of hours parking at Olympic Park.

THE GREAT SYDNEY CBD PARKING RIPOFF

Another parking ripoff is the blatant Sydney City Council gouging of motorists for parking on city streets. The parking fee in Sydney CBD is $7 per hour. That is exorbitant, but motorists don't realise exactly what a monstrous ripoff this is, especially when motorists pay registration fees and motor vehicle taxes that imply that they have the right to use the roads, including parking on them.

The average street parking space is 40 square feet. Motorists rent this space for $7 per hour from Sydney City Council. That equates to $168 per day, which is $1,176 per week. An average 2 bedroom apartment is 700 square feet, 17.5 times larger than that car space. So multiply $1,176 by 17.5 and you find that for that street car space in Sydney CBD, you are paying the equivalent of $20,580 per week if you were renting that 2 bedroom apartment at the same rate.

On top of that, when you rent an apartment, you are not risking getting booked for overstaying and forking out for infringements. Of course there is a wonderful way of avoiding this gouging and risking getting booked. Just avoid parking in Sydney CBD or indeed anywhere that requires you to pay parking fees. There is literally nothing that you need to do in Sydney CBD that you can't do in places that offer free parking.

THIS NEEDS TO BE STOPPED

This disgraceful cash grab needs to be stopped. Motorists already pay more than enough in taxes, road levies, car registration fees and licence fees for governments to be able to build and maintain decent roads and freeways, without being slugged further by councils and airports.

The various fees and taxes imply that motorists not only have the right to drive on roads, but to also park on them. Councils should not have the power to charge fees to motorists to park on roads that those motorists have paid for and to book them if they do not pay those iniquitous parking fees.

STRATEGIES TO AVOID PARKING FEES AND FINES

Motorists have the ultimate power to avoid being cash cows for governments and councils in respect to parking fees and fines. That is the power of the boycott. Here are some ways to completely avoid forking out for expensive council parking and being hit with monstrous fines for overstaying at parking meters or council carparks.

THE REAL COST OF DRIVING TO AN EXPENSIVE PARKING PLACE

Most people do not realise the real expense of driving from the suburbs into a Central Business District (CBD) such as Sydney or Melbourne and parking there to do some shopping. They are usually horrified when they are shown exactly what it costs to make that trip into town to pick something up, especially if they are foolish enough to fork out for road tolls.

Most ordinary people don't consider using couriers as an alternative to personal pickup, but in many cases, they are cheaper, more efficient and save people a lot of time. Sending small items in the mail is a much cheaper option. For example, in 2011, parking on a meter in Sydney CBD was $7 per hour and $8 per hour in council-owned carparks. The fines for overstaying are horrendous, however there is a very easy way to eliminate all the risk and expense.

Here is a typical scenario for a person living in the Sydney suburbs, let's say Blacktown, who needs to pick up an item from a business in Sydney CBD. With adjustment for slightly different tolls and routes, this applies to most capital cities.

Real cost of driving to Sydney CBD from Blacktown and back using toll roads in 2015.
Distance - 35km each way = 70km round trip.

People don't think about this when they jump into their cars and head off into the city to do some shopping or to pick up items. It's all to do with social engineering, where e-toll tags make people complacent to the tolls that are being ripped off them, when in fact if they had to fork out $20 in cash every time they drove into Sydney CBD and back, they would soon realise the real cost to them and start avoiding those toll roads. However, even driving to Sydney CBD from Castle Hill and back and avoiding toll roads is still expensive, as you can see:

Real cost of driving to Sydney CBD from Blacktown and back avoiding toll roads.
Distance - 35km each way = 66km round trip.

In 2015, the return train fare from Blacktown to Sydney Town Hall paid by Opal Card was $13. People who hold the Seniors Card or a Pensioner Concession card pay no more than $2.50 all day. So why would anybody want to drive and park in the Sydney CBD, fork out $30 even if they avoided every toll road and risk getting a parking ticket, when they can pay a nominal train fare and not have the hassle and the expense of driving?

USE COURIERS INSTEAD OF DRIVING

But let's say that a person in Blacktown needs to pick up an item from Sydney CBD and realises that it would cost him $50 and half a day wasted to go into the city to get that item and also risk being hit with a monstrous parking fine if he is so much as a couple of minutes late in returning to his car. Why risk all of that when there is an excellent alternative that saves all that grief? That alternative is called a courier.

Most courier services charge around $15 or even less to pick up an item in Sydney CBD and deliver it anywhere in the Sydney metropolitan area. This is less than one-third of the cost of the return drive using toll roads from Blacktown to Sydney CBD and risking that parking fine. Even better, the item is delivered right to the client's door, thus saving him effort and not wasting half a day in the city.

So next time you need to pick something up from your capital city CBD, don't bother driving in and out of there and waste your time and money. Just ring up a courier service and get the item delivered to your door, because it's cheaper to do that. In fact, most businesses and stores will even arrange this for you if you buy their goods. The best part is that by using a courier in this fashion, you will deny the council those rapacious parking fees, completely eliminate the risk of being booked and save money as well.

FIGHT BACK

People need to fight back in every way to stop their local councils from attacking motorists in this way. Here are a few suggestions.

BOYCOTT ALL AREAS WHERE INIQUITOUS PARKING FEES AND FINES ARE IMPOSED