Public Defender gets Saul Moss' parking fine axed over poor evidence
WITH Public Defender's help, 88-year-old Saul Moss has beaten a $232 fine for allegedly parking in a no-stopping zone.
WITH Public Defender's help, 88-year-old Saul Moss has beaten a $232 fine for allegedly parking in a no-stopping zone.
Before turning to us, Mr Moss disputed the penalty notice with Wyong Council. He said he wasn't stopped where it claimed.
But the council - which earned $324,000 from traffic fines in 2011-12 - stood firm.
So he contacted us. We requested the ranger's photos and video.
After seeing the footage and images extracted from it, I spoke to the council and the State Debt Recovery Office to question the quality of evidence. Earlier the council had said there was no doubt the car was illegally parked as the ranger knew the area well since it was just a block from their base. Was that going to be part of its explanation in court, we asked.
With the SDRO, I argued the video was shot on such an angle it was impossible to say with certainty where Mr Moss had parked.
Shortly after, the council issued a statement to the effect the footage had been reviewed and the SDRO concluded the clarity and angle of the video might lead to ambiguity and thus the council had withdrawn the Moss infringement.
Yet the council still advised Mr Moss "photos are not necessary as proof of a parking offence".
Well then why did they seek to rely on images from the video?
Decide for yourself by viewing the actual footage online.