Helensvale Farmers Market customer vows court action after ‘ridiculous’ parking fine from council

A motorist stung by a $172 parking fine has vowed to take council to court, saying the penalty was ‘ridiculous’. WHAT DO YOU THINK? VOTE IN OUR POLL

Keith Woods

@keithjwoods

6 min read

August 5, 2022 - 5:00AM

Gold Coast Bulletin

Gold Coast

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A motorist snared by parking inspectors in a controversial sweep of Helensvale Farmers Market has vowed to see council in court.

Hope Island man Wayne James was one of at least 17 people hit with $172 fines for angle parking on June 4 on a road beside the market, which takes place every Saturday morning at Helensvale High School.

Council maintains that only parallel parking is allowed on the road, which is used on school days as a bus zone. But Mr James said people had been parking angle parking in the same spot for many years without incident, questioning why council had only now decided to start issuing fines.

Wayne James says he is planning to take council to court over a parking fine issued at Helensvale Farmers Market.

“Normally we park inside where the school is,” Mr James said. “That day part of the car park was closed inside and we ended up parking on the road. We did park angle parking because that’s what everybody does.

“I got the fine and decided to challenge it. I sent them pictures of Google Earth showing what the parking is like.

“I went and took photos of all the signs and sent photos of all the signs. There is nowhere there that says you can’t angle park. So I argued all that in my letter that I sent them.

“They sent me a reply saying the fine still stands.”

Mr James said he did not intend to the $172 penalty and would argue his case in court.

“There is no way on earth I’m going to pay that fine,” he said.

“I’ll take them to court, I have no problems. I’ll go and argue that.

“... It’s absolutely ridiculous.”

Photo taken by parking inspectors of the car belonging to Wayne James parked outside Helensvale Farmers Market.

Mr James said a council officer had advised him that it may be possible for an assessment of the area to be conducted to see whether angle parking might be permitted there in future. Such a measure would involve changing the line markings on the road.

However local councillor William Owen-Jones told the Bulletin this would not be possible because of the road’s primary function as a bus zone on school days.

“The primary purpose of the bus lane at Helensvale will always be to safely receive and dispatch school students,” Cr Owen-Jones said.

“That is why it carries the current line marking.

“At this point in time, we are unable to make any changes to the line marking that might impact on the efficient movement of hundreds of school students.

“Unfortunately, in order to avoid penalties, Saturday market users will need to continue to obey the Queensland Government’s road rules and park parallel in the marked bays.”

The blitz by parking officers on the Farmers Market is the latest in a series of controversies following the introduction by council of ‘Park Safe’ vehicles, which carry roof-mounted cameras designed to snare drivers breaching regulations.

In May the Bulletin revealed that hundreds of parents had been slugged with fines after council blitzed school zones using the new vehicles, while hinterland residents earlier this month blew up after council targeted drivers parking on a nature strips.

UNHAPPY WITH A PARKING TICKET OR CHALLENGING IT? WE WANT TO HEAR YOUR STORY: EMAIL LETTERS@GOLDCOAST.COM.AU

COUNCIL ACCUSED OF ATTACK ON SMALL BUSINESS

Council has been accused of an attack on small business after targeting customers at a popular farmers’ market in a parking blitz.

Seventeen drivers were issued with fines of $172 each, netting council almost $3000, for parking at an angle rather than parallel at Helensvale Farmers Market on June 4.

The cars were parked on a section of road which is used Monday to Friday as a bus drop-off and pick-up zone for Helensvale High School, which hosts the market on its grounds on Saturday mornings.

A satellite image shows cars parked diagonally outside Helensvale Farmers Market - as they have done for many years. Council recently issued $172 fines to motorists parked at the Market for failing to park parallel. Picture: Google Maps.

The Bulletin asked council what safety hazard was created by cars parked diagonally while owners attended the market, and whether there had been any complaints about the parking.

In a statement, a council spokesperson said angle parking creates a “safety risk” to passing vehicles.

“On Saturday the fourth of June parking officers attended Helensvale State High School as part of routine patrols,” the spokesperson said.

“At this time a number of safety issue were identified and 17 infringements were issued.

“Under section 208(2) of the Transport Operations (Road Use Management – Road Rules) Regulation 2009 it is an offence to park vehicles other than parallel to the kerb, unless signed otherwise.

“As per the road markings, the area around Helensvale State High School is not designed for angle parking as reversing into oncoming traffic creates an obstruction and safety risk to passing vehicles.”

The reasoning has not impressed traders or customers at the market, who said the fines were “ridiculous”.

Darrell Jones, who sells seafood at the market, said the parking blitz on customers was an unwelcome blow for traders who have been doing it tough through Covid lockdowns and washed out weekends.

“It’s just a ridiculous state of affairs, to put a dampener on our farmers market,” Mr Jones said.

“We’re trying to build it up. We’re trying to get the community to support small business, support the farmers. And council goes along and does this.

“ … People come from Burleigh Heads to visit the market, Pacific Pines, Coomera, everywhere. We don’t really need any more issues to make us lose money.

“I think it’s just a shocking state of affairs that somebody comes down to support our local farmers market, the community come and support us, and then have to wear a parking ticket. It’s ridiculous.”

Mr Jones said among the traders were farmers who were trying to get back on their feet after suffering huge losses during recent floods.

“We’ve got farmers coming from the Lockyer Valley,” he said.

“We’ve one particular farmer who lost everything in the floods. He’s still coming, he’s getting the farm back up and running, it’s hard work.

“A downfall in clientele would have a very negative effect on the market. We need council to help us boost that market. Not come there and fine the customers.”

Nicole Walters displays an image of the $172 infringement notice she received. Picture: Glenn Hampson.

Carrara woman Nicole Walters, who was among the motorists to receive a fine, said she was at a loss to understand council’s actions.

Ms Walters, who has been attending the popular market since it began eight years ago, said there had never previously been any issues with parking.

“Everyone has parked diagonally the whole time the markets have been going and there’s never been an issue,” Ms Walters said.

“Obviously it gives the ability for people to get in and out very quickly. There’s no messing about with people who can’t parallel park.

“Apparently this is the first time it (fines being issued) has ever happened.

“ … With the markets, I don’t know any incident with pedestrians or vehicles because of the way they were parked.

“It just seems crazy. It’s just frustrating.”

Theodore MP Mark Boothman, a long-time supporter of the Helensvale Farmers Market, said he would rather the council worked with the community on better parking options than sting customers with fines.

“The Helensvale Markets are a major source of income for many small businesses and a major fundraiser for the local high school,” he said.

“Many market patrons have expressed their dismay about receiving a parking fine from Gold Coast City Council.

“It would be far more advantageous if the Council works with the community and implements a parking solution for Helensvale Market patrons.”

keith.woods@news.com.au