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'Draconian penalty': Councillor challenges $1,010 parking fines as 'manifestly disproportionate'

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Locals slapped with a $1,000 parking fine by the Clarence City Council. Image / Pulse

$1,010 parking fines recently handed out by Clarence City Council have been labelled “manifestly disproportionate” by a councillor.

Councillor Tony Mulder said the hefty penalties did not match the offence and questioned council staff on why the figure was so high.

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Two motorists who parked on grass next to the Howrah Community Centre car park – one while picking up kids from school with a trailer and the other while walking his dogs – were slugged with the $1,010 fines.

“Compared with a similar fine which could have been delivered of about $100 for parking on a footpath, do you consider this a draconian penalty and what steps can be taken to make the punishment more commensurate with the crime?” Mulder asked.

Councillor Tony Mulder called for more equitable parking fines. Image / Supplied

Council chief executive Ian Nelson defended the fines, both when the story first appeared on Pulse and again in a written response to Mulder in the latest council agenda.

“I understand that people will see that as significant but in the context of the behaviour that we are seeking to manage at the Howrah Community Centre, it is appropriate,” he wrote.

Councillor Tony Mulder labelled the fines as manifestly disproportionate. Image / Pulse

“We are seeking and have been for some time to manage parking behaviour which we have spoken to people about, issued warnings and are now moving to issuing fines where that behaviour has not changed and puts users of the centre and school children being collected from Howrah Primary School at significant risk.”

Mulder, a former police commander and later an MLC, said the council by-laws are subordinate legislation made by state parliament, meaning any changes have to come from that level.

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“I call on the mayor to acknowledge the inappropriateness of this penalty and commit to working with the parliament to create more equitable parking fines for Clarence and indeed, all councils,” he told Pulse.

“Fine recipients should challenge the magnitude of the fine in the courts where I am convinced a more appropriate penalty would be applied.”

Locals slapped with a $1,000 parking fine by the Clarence City Council with Labor MP Meg Brown. Image / Pulse

Nelson confirmed those fined were informed of their right to appeal to the Magistrates Court. He added the by-law under which the fines were issued is scheduled for review in 2028.

Labor candidate Meg Brown previously described the fines as “outrageous” amid ongoing cost-of-living pressures.

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