Fines can't be waived, says report

Gosford Council cannot waive parking fines because of a contract it has entered with the State Debt Recovery Office, according to a report presented to the council.

The Recovery Office could do so in some circumstances, but these did not include those resulting from construction of the Woy Woy Commuter Car Park extension, according to the report.

Nor did provisions for "exceptional or extraordinary circumstances" cover the situation.

Councillors had called for the report after a petition with 600 signatures was tabled in Council in June.

Figures released by the State Debt Recovery Office showed a 50 per cent increase in the number of parking fines issued in Woy Woy between May last year and April this year.

The month of April recorded 180 parking fines alone around the time the commuter car park was closed and commuters forced to park in a reduced number of car parking allocated for the area during construction.

The report prepared by council staff stated: "Due to the contract arrangements with SDRO, council has a standard work practice that has been in place for a number of years that if any verbal or written request is received to waive a fine, then the person is directed to contact the SDRO.

"If the SDRO receives a written submission that is outside the SDRO Review Guideline, it may write to council to seek council's view on any exceptional or extraordinary circumstances."

The report listed 20 extenuating and exceptional circumstances including a broken down vehicle, medical emergency, deceased person, 10-year clear driving record provided the offence did not occur within a school zone or no previous cautions had been given as well as the sale or transfer of vehicle ownership in addition to other circumstances.

The report stated that the only provision to allow council to withdraw fines was if council were to receive a request in writing to review the penalty notice for it to be withdrawn if it fell within a number of specific conditions, which did not apply in this case.

These conditions included a mistake in identity, the person to whom the penalty notice was issued has an intellectual disability, a mental illness, a cognitive impairment or is homeless, an official caution should have been given instead of a penalty notice, or having regard to the relevant guidelines under section 19A.

"In summary, the Act enables the court, SDRO and an agency such as council the opportunity to withdraw a penalty notice if a written submission is received," the report stated.

"Notwithstanding that the Act enables an agency such as council to withdraw a penalty notice upon receipt of a written submission as mentioned above council has entered into a contract with SDRO who handles all of council's requests for consideration of waiving a penalty notice."

The issue was introduced by Cr Terri Latella at a council meeting in early June where she tabled more than 600 signatures criticising the availability of parking in the area since construction had began in April.

Council agenda ENV.57, 5 Oct 2010