Council expiations: Half of those who challenges local government fines got them overturned
COUNCILS across South Australia raked in more than $20 million from expiations in the last financial year — but more than half of the people who challenged their fines got them thrown out.
HALF of all people who requested a review of council-issued fines last financial year had the penalty scrapped — as the local government sector raked in more than $20.7 million from expiations.
More than 266,800 fines were issued by Adelaide metropolitan councils in 2017/18, the majority of those for parking offences.
But of the 20,358 expiation notices that were reviewed at the request of those who had been fined, 10,572 — or 52 per cent — were overturned.
Gawler Council had the highest rate of fines waived, at 93 per cent, followed by Playford (67 per cent) and Holdfast Bay (65 per cent).
Gawler Mayor Karen Redman said fines were often overturned when someone had neglected to display a disabled parking permit, on “compassionate grounds”, such as health and medical circumstances, or when a car had broken down.
Adelaide City Council netted nearly $12.5 million from 167,000 fines — primarily parking — last financial year.
However, Adelaide City Council community director Clare Mockler said the council had adopted a “customer-oriented education approach”, and had issued more than 2000 written warnings and 3000 verbal warnings in place of fines since February.
Holdfast Bay Council collected the second-largest amount at almost $1 million.
In an email to Messenger Community News, Holdfast Bay spokesman Nathaniel Bradford said: “Here’s a really fun one — if you don’t park illegally … wait for it … you don’t get fined.”
Tea Tree Gully, Norwood, Payneham & St Peters and Marion rounded out the top five, collecting $929,200, $874,300 and $849,800 respectively.
Traffic lawyer at Stanley Law, Karen Stanley, encouraged people who had received parking fines to write to the council involved and seek an explanation.
“Given the statistics … it sounds like there is a very good chance they will waive the fine,” Ms Stanley said.
She said such fines would not attract any kind of penalty, such as demerit points, and people should be unafraid to take up the issue without seeing a lawyer.
Local Government Association president Sue Clearihan said council inspectors made “every effort” to make sure fines were “issued in a consistent manner, and in line with their legislative responsibilities”, despite the high rate of notices being overturned.
“However, if you do receive a fine that you think you shouldn’t have, it’s a good idea to contact your local council and tell them why,” Ms Clearihan said.
“These figures show that councils are willing to listen, and waive expiations when there is a compelling reason to do so.”
Prospect and Charles Sturt councils did not supply the requested data.