Woman takes $77 parking fine all the way to the Supreme Court and wins

A South Australian woman has taken her David vs. Goliath battle against SA Police over a $77 parking fine all the way to the Supreme Court — and won. Here’s how she did it.

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A woman has been praised by a Supreme Court judge after she won her court battle with police over a $77 parking ticket.

The woman had her fine thrown out after the Supreme Court ruled she had been wrongly fined by a police officer for parking her car in a reserve.

She had parked her sedan on the foreshore of Murray Cods Drive, Murray Bridge, to fish for carp at the Sturt Reserve alongside her puppy Tiger in February last year during Chinese New Year celebrations.

On returning to her car, she realised she had been fined for parking where there had been a “no parking” sign.

An officer issued a $77 fine under r168 of Australian Road Rules — which states a driver must not stop where there is a “no parking” sign — rather than under a council by-law.

The woman initially tried to argue she should not be fined for compassionate reasons.

She told police that she had begun to feel sick while fishing and had moved the car off the road and on to the reserve to make it easier to pack up her fishing gear and get her dog in the car.

Police didn’t accept her excuse so the woman launched court action.

The police officer who issued the fine told the local magistrates court that a “large blue council sign” indicating no parking was allowed on the reserve was erected about 20m from the parked car.

He argued police have the power to issue expiation notices on behalf of the council.

The magistrate agreed, finding the woman guilty and ordering her to pay the $77 fine and prosecution costs of $100.

On appeal to the Supreme Court, the woman argued the council sign was not a sign for the purpose of the Australian Road Rules, which apply to roads and road-related areas.

Supreme Court Justice Anne Bampton found the foreshore area of the reserve where the car was parked was a public place, where parking prohibitions come under the Road Traffic Regulations.

As the woman was fined under the Australian Road Rules, rather than the Road Traffic Act, Justice Bampton ruled that she had been incorrectly charged, dismissing the guilty verdict in the magistrates court and the fine.

Justice Bampton praised the woman for defending herself without a lawyer against the fine and arguing her case clearly.