A $39 parking ticket could cost a Huon Valley man over $2600

A man faces more than $2600 in court costs after he lost his fight to get a parking infringement overturned. SEE A SAMPLE OF THE COSTS

Russell Hawkins received a parking fine after he paid for the wrong meter, decided to challenge it in court and lost. He now faces having to pay thousands of dollars in court costs Picutre: EDDIE SAFARIK

A HUON Valley man faces paying more than $2600 in court costs after he lost his fight to get a parking fine overturned.

Russell Hawkins, of Crabtree, pleaded not guilty in the Hobart Magistrates Court to one count of having a “vehicle remaining parked in a metered parking space without the meter running”.

Mr Hawkins said on May 1, 2018, he parked in Bathurst St while he went to Goulds pharmacy to get medicine for his then five-year-old daughter.

ADDING UP A sample of the costs Mr Hawkins is being billed for by council’s lawyer: Special letter of advice to client — $396 Photocopying complaint — $3.30 Photocopying summons — $2.20 Attendance to receive telephone call from defendant — $105.60 Ordinary email to defendant regarding complaint about form of summons — $32.30 Formal email to defendant regarding council not withdrawing complaint — $24.80

The court heard he mistook a marking on the footpath to mean he was parked in bay 1 when he was in fact in bay 3.

He paid the required amount for bay 1, but had been issued a $39.75 parking ticket when he returned to his Volkswagen van. Mr Hawkins submitted a request for withdrawal of an infringement notice to the Hobart City Council, but this was refused.

The matter was then subject to an internal review process within the council and Mr Hawkins was told his case was “without merit”.

Mr Hawkins said he decided to pursue the matter to the Magistrates Court because he believed the internal review process was neither “independent nor transparent”.

In January, the court dismissed Mr Hawkins’ application and the council’s solicitor indicated they would pursue him for their costs.

“Various people within the council assured me on every occasion they would not pursue court costs if I did decide to do this,” Mr Hawkins said.

The parking bay where Russell Hawkins received his fine. He thought he was parking in bay 1, when he was actually in bay 3.

Before Magistrate Reg Marron on Wednesday, Hobart City Council solicitor Martin Butler said he empathised with Mr Hawkins, but the council was entitled to seek costs as it was the successful party.

“The infringement notice and the circumstances surrounding it being issued were reviewed by multiple Hobart City Council officers, who repeatedly and consistently advised the defendant that his defence was without merit,” the council’s submissions to the court read. “Yet the defendant persisted and elected to have the matter heard before a magistrate, which left the council with the options of prosecuting the defendant for the offence or withdrawing the infringement notice.”

The submission said the council’s decision to pursue that matter was vindicated by the decision of Magistrate Marron to rule in its favour.

Mr Hawkins now faces paying 80 per cent of the $3176 in costs charged by the council’s solicitor, which equates to about $2627. He said this would effectively bankrupt him as he worked casually as a horticulture labourer and also received Newstart.

Mr Hawkins said changes needed to be made to the review process for parking fines.

“People should have the right to pursue a fair and independent review.”

Magistrate Marron will make a decision on the costs payment on April 16.