Black Rock retiree loses ‘soul destroying’ fight to overturn parking fine

A BAYSIDE retiree who was late to her car because someone was killed by a train, has been placed on a six month good behaviour bond after losing a battle with the council to have the parking fine overturned.

A BLACK ROCK retiree has lost a “soul destroying” fight to overturn a parking fine issued after a tragic accident caused her train to be terminated.

Lyn Palmer said she had allowed plenty of time to get back to her car when she caught a Cheltenham-bound train from the city on December 4, 2017.

However, a tragic accident where a man was killed by a train meant her train was terminated at Moorabbin.

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Ms Palmer called a friend to pick her up in a “desperate” attempt to make it back to her car because she was told the buses “would take an hour”.

Lyn Palmer (with Ava) said fighting the fine was “soul destroying”. Picture: Penny Stephens

Her car was parked on part of Park Rd that turned into a no-standing zone at 4pm.

Ms Palmer arrived late to find she had been given a ticket.

She called Bayside Council “immediately” to explain but was told the fine couldn’t be revoked.

Ms Palmer, who describes herself as someone who “tries to be better person every day” and who has “never been in trouble”, tried several times to have the fine overturned.

The retiree, who is a full-time carer for her brother, decided to take her fight to the Moorabbin Magistrates Court.

She escaped a financial penalty after pleading guilty but was left “horrified” when placed on a six month good behaviour bond.

Metro confirmed all trains were stopped after “a male person was fatally struck by a train between Mordialloc and Parkdale stations”.

“I got really angry and upset because the fine was so unfair,” Ms Palmer said.

“Someone else might have found this funny but for me the whole process was soul destroying,” Ms Palmer said.

Bayside City Planning and Community Services director Dr Hamish Reid said council officers investigated Ms Palmer’s appeal with Public Transport Victoria before it went to court.

“(The officers) found the driver had not left sufficient time to remove her car from the No Standing Zone, regardless of the delay caused by the cancellation of train services on the day,” he said.

Ms Palmer’s train was terminated at Moorabbin station.

Asked if the council had compassionate grounds to withdraw the infringement, Dr Reid cited the five grounds for appealing an infringement notice under the Infringement Act 2006.

“These are exceptional circumstances, special circumstances, the infringement is contrary to law, mistaken identify and being unaware of the fine,” Dr Reid said.

A spokesperson for Metro confirmed to Leader the trains were stopped because of the incident on December 4, 2017.

“A male person was fatally struck by a train between Mordialloc and Parkdale stations on the Frankston line,” the spokesperson said.

“Buses replaced trains between Moorabbin and Mordialloc as the investigation into the incident was carried out.”

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