Gary Elliot was shocked to be fined for parking a car he was selling on his nature strip. By Glen Atwell
PAKENHAM resident Gary Elliot is dumbfounded by an infringement notice issued to him by the Cardinia Shire.
Mr Elliot was fined $200 after the Shire deemed his “for sale” vehicle to be illegally displayed on the nature strip outside his house.
Mr Elliot was unaware of the bylaw and wants to warn other residents to watch out.
“I didn’t even know I could be fined for it,” he said.
While ignorance of the law is no excuse, Mr Elliot says he doesn’t sit around reading council bylaws all day.
“If I wanted to know every local law, I would be in local government,” he said.
“I would have expected a warning from the Shire before being issued with such a disproportionate fine.”
Mr Elliot said the car had been legally displayed in his driveway in the days leading up to the infringement notice being issued and it was parked on the nature strip due to health issues.
“There was an unusual volume of cars coming in and out of our driveway, due to family health problems, so I parked it on the nature strip during those times,” he said.
Mr Elliot said he didn’t continually park the vehicle on the roadside reserve, but saw a number of cars parked on nature strips around the shire.
“There must be a lot of people unaware of this bylaw and the big fine that comes with it.
“I used to see a spot on the highway where people parked their ‘for sale’ cars. It was nicknamed ‘Highway Autos’,” he said.
The breach came under the “repair and display of vehicles in a public place” bylaw, which now falls under the control of local government.
But Mr Elliot thinks the $200 fine is excessive.
“I don’t flout the law, but it would have been cheaper to illegally park the vehicle,” he said.
“The parking fines are a lot cheaper than this infringement – it’s ridiculous.”
Mr Elliot contested the infringement but to no avail.
“There was a serious lack of communication.
“After they decided not to retract the fine, I paid it, and then got a letter claiming the amount was unpaid two weeks later,” he said.
The Cardinia Shire’s newsletter Connect elaborated on the law in question.
“Often Cardinia officers receive reports of cars for sale parked at intersections where they represent a serious traffic hazard by distracting drivers’ attention, or blocking the line of sight,” the August newsletter read.
The council advises anyone wishing to sell a car privately should ensure they display it only on private land, such as a front yard.
But Mr Elliot says the nature strip in front of his property has been well looked after over the years.
“After looking after that nature strip for 30 years, I can’t believe I was fined for leaving my car there for a day or so,” he said.
