John Kilkenny is $331 out of pocket after withdrawing his challenge to a $50 parking fine.
The Brentwood man says the ticket he’d bought had curled up on the dashboard in the January heatwave, making it hard for a parking inspector to see.
He later tried to show Melville city council the ticket (and he showed it to the Herald) as evidence he’d bought it, but he was told that because he’d failed to “display” it, the fine stood.
Council CEO Shayne Silcox reckons it had been displayed upside down, but Mr Kilkenny says the ranger’s photo was of an older ticket left on the dash: His curled up valid ticket can be seen off to the side of the photo.
Furious with the council’s intransigence, he took the matter to court, ready to battle a lawyer the council had engaged especially for the case.
Mr Kilkenny opted to withdraw when the magistrate warned he could end up hundreds, even thousands, of dollars out of pocket if he pursued the matter and lost.
Dr Silcox says the lawyer cost ratepayers nothing because Mr Kilkenny had to pay legal costs.
In the city of Vincent, fined motorists who later produce a valid ticket are let off: “Where a driver has purchased a ticket and has failed to display it, whether because it had blown off the dash, it was displayed upside down or the driver took it with them, the city’s practice has been to withdraw the notice,” says a council report.
“While the offence is ‘failure to display a valid ticket’, it is unlikely that a magistrate would find in favour of the city, if the matter was pursued.” Mr Kilkenny, who’s visiting rellies in the old country, jokes he hopes an Irish curse befalls the council.
by DAVID BELL