Parramatta Council may be forced to pay back millions in fines after using crayons to mark cars

IT sounds more like a debate for a kindergarten class but letting its parking inspectors use crayon instead of chalk might send one Sydney council to the naughty corner and force it to pay back $6 million in parking fines.

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IT sounds more like a debate for a kindergarten class but letting its parking inspectors use crayon instead of chalk might send one Sydney council to the naughty corner and force it to pay back $6 million in parking fines.

Parramatta councillor Benjamin Barrak has warned it might have to pay back about 41,000 parking fines as using industrial crayons instead of chalk is against the parking policy.

The topic will be debated at the June 12 Parramatta Council meeting.

Parramatta Liberal councillor Benjamin Barrak. Picture: Supplied

If the Liberal councillor’s motion gets up, Parramatta would be forced to rescind every parking fine it has issued since its new parking policy was adopted in September 2017.

The decision would blow a $6 million hole in the council’s $245 million yearly revenue stream.

The motion comes just over a month after Mr Barrak lost an unrelated court case against the council that stopped him building a lucrative high-rise development.

Mr Barrak had his own parking dispute with Parramatta Council in July 2017 after he was fined for parking ­illegally on Sorrell St, North Parramatta, sources said. In a statutory declaration, Mr Barrak claimed an associate moved his car after the tyres were marked with industrial crayon.

More than $6 million in parking fines may be refunded due to industrial crayon being used to mark cars instead of chalk. Picture: Supplied

Because his associate moved the car back to the same spot, he claims he was wrongly fined. Parramatta Council withdrew the fine.

While the impending chalk vs. crayon debate has been labelled a waste of time by some of his fellow councillors, the council itself is taking it seriously.

“It appears that council officers have complied with the legislation however, this should be clarified by ­obtaining legal advice,” a report on the matter, obtained by The Sunday Telegraph, stated. Council officers have recommended the matter be def­erred so a detailed report can be made.

Parramatta mayor Andrew Wilson merely said: “I stand by the professionalism of our parking officers.

“We may have to look at this issue as it may require more research.”

Another councillor, who did not want to be named, said: “We’ve got the light rail, the redevelopment of the Parramatta CBD and a huge budget to manage, yet (we’re) debating this”.

Council officers have recommended the matter be deferred so a detailed report can be made. Picture: Phillip Rogers

The Road Transport Act allows for the marking of tyres of vehicles by means of crayon, chalk “or any similar substance”.

Council parking rangers have been using crayon since 2008.

A council spokeswoman said crayon “is a more reliable option than chalk to mark tyres when undertaking parking enforcement duties”.

“Chalk can wash off in wet weather and is able to be more easily rubbed off,” she said.

Mr Barrak, a lawyer, did not respond to requests for comment.

Last month Mr Barrak lost a Land and Environment Court case against Parramatta Council after it refused to allow him to build an eight-storey, 44-apartment complex in Harris Park.

If approved, Mr Barrak could have made millions from the site.