Lane Cove Council owned or operated car parking stations are ticketless car parking stations. They rely on cameras to identify a number plate when a car enters and exits to establish if a person has overstayed the free time limit without paying.
The system is not 100% accurate. A fact that Lane Cove Council knows very well.
For example, the system does not operate if there is a power blackout or brown out or a mistake can be made if a licence plate holder obscures a letter or number on a number.
One of the most common issues is when a driver enters the car park in the morning to drop off kids and then enters again in the afternoon to pick up the kids from school. In several cases, the camera has not picked up the vehicle leaving, and the driver is issued with a fine for overstaying the three-hour free period. For Lane Cove Public School parents, the Lane Cove Market Square Car Park is the only option where they can park close to the school.
In the last few months, ITC has received several complaints from locals who have received a fine issued by the Lane Cove Council for being in a Lane Cove Council car park for over three hours without paying. The camera has failed to capture the vehicle leaving and entering again.
We were advised of one incident where a driver was issued a parking infringement notice when they were on holiday, and the key to their cars were locked in a safe.
In another incident, a fine was issued for overstaying the free time limit to a driver who had in his car an app that showed his work route and where he was at a specific time. This app showed he had only been in The Canopy car park for five minutes.
What is the Procedure for Issuing a Fine?
When a fine is issued, a letter is sent to the driver from the Lane Cove Council with the Traffic Infringement notice issued by State Revenue NSW. The letter clearly states that the driver is NOT to contact Lane Cove Council to discuss the issue.
State Revenue NSW is responsible for administering and managing various revenue-related functions, including parking fines, in New South Wales.
How is the Fine Reviewed?
The next step is for the driver to contact State Revenue and request a review. This is where the problem occurs. State Revenue does not request information from Lane Cove Council about the accuracy of the cameras. In fact, a very limited “review” is carried out.
According to the State Revenue Review Assist Guidelines, leniency will only be shown in the following circumstances:
“Reasons we will consider leniency.
- I purchased a valid parking ticket but did not display it correctly.
- I paid for parking through an authorised smart phone app and received verification of the transaction.
- The parking ticket machine/meter was faulty.
- I went to get change for the meter.
- I placed money in the wrong meter or bay.
- My vehicle was broken down at the time of the offence.
Evidence required.
This may include, but is not limited to:
- A copy of the valid parking ticket
- Details of the time you attempted to make payment and the parking machine fault reference number.
- Documentary evidence verifying your payment (e.g., smart phone transaction history)
- A copy of mechanical repairs, towing or other documentation.”
- State Revenue has not been applying leniency for issues with the ticketless parking system and has not been referring the matter to Lane Cove Council. In addition, Lane Cove Council has not been sending information to State Revenue when they identify a systemic issue with the ticketless parking system.
In the Cove submitted a GIPA (Freedom of Information Request) to both the Lane Cove Council and State Revenue NSW requesting documents on the fine review process. We took this step to understand the procedure taken when a Lane Cove driver asks for a review.
The information provided by State Revenue NSW was as follows:
Lane Cove Council provided the following information:
In the Cove has sent to Lane Cove Council several examples of drivers being incorrectly fined at Lane Cove Council Car Parks and because of these enquiries, the following information was received from a Lane Cove Council Spokesperson:
“Of the thousands of car movements through the entrance and exits each week, occasionally a number plate fails to register correctly. This could be for example because the number plate has a non-standard frame, it is bent or damaged, or there is dirt on the plate.
Before a penalty infringement notice is issued, Council reviews the camera images. An individual can see these images by looking at the infringement through the Service NSW website if they believe there is an issue with the penalty.
From 1 July, Council changed the review process with Revenue NSW by requesting all review requests of car park infringements be sent to Council for review. Unfortunately, if a recipient of a fine elects to go to court without lodging a review request with Revenue NSW, Council will not have the opportunity to review the fine. It is therefore best if community members, after reviewing the images, request a review in the first instance by Revenue NSW (not directly with Council).
We acknowledge that Council could be clearer about a person’s options in the letter Council sends with the fine. We are reviewing the letter and will update it shortly.
We are looking into the example you provided and will determine if there is any issue with the fine and will correct accordingly.
Please ask the customer to contact us directly on 9911 355 or [email protected] and we would be pleased to talk to him.”
The Lane Cove Council has issued a refund to the drivers who had provided information to In the Cove.
Why Did Lane Cove Council Not Insitute This Case by Case Review Before?
When a driver requests a review of a system that both Lane Cove Council and State Revenue NSW knows is not 100% accurate, there should be a detailed review of each case. This was not happening.
It is worrying that the procedure has only been changed after enquiries from In the Cove.
Lane Cove drivers, particularly Lane Cove Public School parents, who did not request a review or paid after having a “review” denied, have paid an incorrectly issued fine.
The last thing Lane Cove Public School parents need is to have a fine incorrectly issued when they are battling with cost-of-living increases.
In the Cove first realised the fines were not being individually reviewed when an In the Cove reader sent ITC a copy of the Review Request denied letter from State Revenue that mentioned the in-ground sensors were accurate. This letter was in response to a parking fine issued by Lane Cove Council for the Lane Cove Market Square Car park that does not have in ground sensors.
If you receive a fine, and have evidence that shows the fine was incorrectly issued, ask for a review by State Revenue and send a copy of your email to [email protected]
In the Cove has put together a guide on how to ensure that you don’t incur a fine at a council-owned or operated car parking station – read the guide here.
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