Maribyrnong Council has been described as “heartless” for refusing to withdraw parking fines for people with a disability

A COUNCIL in Melbourne’s west has come under fire for refusing to cancel parking fines for people with a disability.

MARIBYRNONG Council has come under fire for refusing to cancel parking fines for people with a disability.

A report by the Victorian Ombudsman, which was tabled in Victorian Parliament yesterday, found Maribyrnong Council repeatedly failed to overturn fines for people who held disability parking permits but forgot to display them.

However, the council says it is ensuring disabled parking spaces were only used by people with a valid permit.

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The council’s rigid review process was labelled “unjust” as under numerous “exceptional circumstances” the council did not budge on withdrawing fines for people with a disability.

A 68-year-old pensioner, Teresa Salerno, was fined $159 for displaying an expired parking permit by accident. Mrs Salerno’s husband had Parkinson’s disease and his mobility was limited. She received $300 a fortnight as a pensioner and found it difficult to pay the fine.

“It was very unfair, they just want the money — no pity for anyone or anything,” Mrs Salerno said.

In one case, an 80-year-old man whose wife had advanced lung cancer was fined $155 for parking in a disability space because he forgot to display his wife’s permit.

In another case, a non-English speaking 82-year-old woman who is unable to walk was fined $177.60 after her daughter had picked her up from hospital and the disability permit had fallen down.

In all instances the people applied for an internal review by Maribyrnong Council but were rejected, despite showing the council their valid permits.

Ombudsman Deborah Glass said the council needed to have some flexibility with its parking fine system.

“A little compassion is needed when you are dealing with an 80-year-old whose wife is dying of cancer or a pensioner whose husband has Parkinson’s disease,” Ms Glass said.

“The council seems to have forgotten they are harming the very people they claim to protect.”

Statistics showed Maribyrnong Council’s withdrawal rate of disability parking infringements from 2016-17 was just 16 per cent. Similar sized councils Port Phillip (52 per cent) and Stonnington (64 per cent) were more than triple this rate.

The report stated Maribyrnong Council was concerned about the misuse of disability permits, including permit holders giving the parking permits to their children.

The Ombudsman recommended the council update its internal review guidelines, make ex gratia payments to five people the report detailed and implement training on exercising discretion for staff.

The council has refused to withdraw four of the five fines recommended for overturning by the Ombudsman.

“It is important to us that we fulfil our obligation to ensure that disabled parking spaces remain available for use by individuals with valid disability parking permits,” the council’s chief executive Stephen Wall said.

The Western Community Legal Centre, WEstjustice, prompted the investigation after making a complaint about the unjust infringements to the Ombudsman.

WEstjustice lawyer Shifrah Blustein described the council’s rigid infringement process as “callous” and “heartless”.

“We have heard countless stories of people reliant on pensions having to forego paying for food, rent and medicine to pay unfair fines issued by Maribyrnong Council,” Ms Blustein said.

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