By Ewen McRae
A Melton man is fighting the council over a number of parking fines in the town centre, claiming they are unenforceable.
Chris D’Abaco was fined in May while parked in the carpark opposite Melton library, but he says the area was incorrectly signed at the time.
Mr D’Abaco, who works at a company that specialises in parking infringements, said at the time his fine was issued the parking signs did not state where the parking restrictions ended, making any infringements unenforceable.
“There was no end signage at the time, and I took photos at the time to show that,” Mr D’Abaco said.
“I appealed it immediately, and I requested for the fine to be withdrawn or heard in court. The next thing I heard from them [council] was a reminder notice, which set off alarm bells because according to the infringements act you are required to make one election for court if you wish to go before a magistrate. They ignored mine.
“I called council and when I told them the signage was incorrect I was told ‘that’s your opinion’. I said ‘no it’s a fact’, and read them the act.”
Mr D’Abaco said the signage for the carpark has since been changed, but lots of people who use the carpark regularly were fined while the allegedly incorrect signage was in place.
He recently had his fine dismissed, and is calling on the council to withdraw all infringements given out prior to the signage change, and refund any fines paid from this time.
“Everyone in the area is pissed off with them,” he said.
“[Staff at] The two offices next to us have had multiple infringements, we’ve had four or five in our office, they all appealed but so far only mine has been withdrawn as far as I know.
“They fine us for not following the rules, so it follows that they should follow the rules as well or there should be repercussions.
“I’m not sure where I can go from here except start legal proceedings against them, but I’ll go through every possible channel before court to get them to withdraw those infringements.”
Council acting general manager of planning and development, Laura-Jo Mellan, said the council was reviewing fines that were given during the time the old signage was in place.
“The carpark opposite the Melton library displayed the correct signs at the entry but was missing a sign to tell motorists they were exiting that parking zone,” Ms Mellan said.
“When council became aware of this, our officers stopped issuing infringements in that area until the sign was erected. We are reviewing all infringements that were issued during that time.”
