Manly resident wins fight against parking ticket through hidden law

A MANLY resident has won a parking ticket battle against the council after finding a legal loophole in the system.

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A MANLY resident has won a parking ticket battle against the council after finding a legal loophole in the system.

John McAteer parked his car at Clontarf Beach late last year and was issued a $106 parking fine for not displaying a ticket. Mr McAteer, who has a resident parking permit, said a paper ticket should not be required for the digital parking system.

“When they brought it in they said it is numberplate recognition, rangers will be able to verify if your car has an electronic permit and what time it was parked there,” he said.

Determined to challenge the unfair ticket, Mr Mcateer found a rule listed in the “Australian Road Rules 2014” which states that a driver parked in a ticketing area does not need to display a ticket if “an electronic parking permit is currently in force ...”

Mr McAteer’s case to the State Debt Recovery was rejected so he took Manly Council to court.

Mr McAteer said the matter went before Manly Court in February where he pleaded not guilty and his evidence was lodged.

After advising Manly Council that he would be defending­ the matter and seeking costs, the council withdrew the infringement.

A few days later, the council abolished paper tickets.

The new system has led to many more issues, with residents unfairly fined and then unable to prove their innocence, as reported in the Manly Daily.

Mr McAteer said he repeatedly asked to speak to someone at the council to no avail. “There has been a complete lack of engagement by council on the systematic issues I have raised post court case,” he said.

A Manly Council spokesman said: “Council is in receipt­ of correspondence from Mr McAteer.”