Court orders man to pay $4000 of council’s legal fees after losing parking fine appeal

AN Adelaide man was fined $95 for parking in front of his house. He decided to challenge the ticket in court — a very bad move.

A SMITHFIELD Plains man has been ordered to pay more than $4000 in Playford Council’s legal fees after losing a Supreme Court case over a parking fine.

Grant McDougall, 46, was fined $95 for parking on the verge in front of his house in June last year and appealed to the Magistrates Court and then the Supreme Court this month.

Justice Kevin Nicholson threw out Mr McDougall’s appeal just a day after a hearing on November 16.

Mr McDougall, a cleaner who represented himself, argued that councils had no legal status under the Australian Constitution and therefore could not enforce laws.

Justice Nicholson cited an 1850 British Act allowing the self-government of Australian colonies and the 1999 Local Government Act in proving Playford Council was able to levy fines.

“The grounds of appeal on their face make little or no sense and the appellant has been unable to assist further in this respect in either his written or oral submissions,” Justice Nicholson said in his judgment.

He ordered Mr McDougall to pay $3680 of the council’s legal fees for the Supreme Court appeal, on top of $500 in fees from the Magistrates Court, $160 for the victims of crime levy and $150 for the original fine.

Mr McDougall said he would not pay and planned to appeal.

“It’s going to the Federal Court,” he said.