The £80 Fine That Sparked a Four-Year Legal War
A motorist, identified in court records as Ms Mathie, has emerged from a gruelling four-year legal battle over a parking fine technically victorious, but financially devastated, having spent over $46,000 (approximately £36,000) fighting a penalty that was originally just $107 (approximately £80). The protracted dispute, which began in 2021, escalated to such a degree that it eventually required the involvement of South Australia's Attorney-General.
A Chain of Courtroom Appeals
The saga started when Ms Mathie was issued the fine by Playford Council in northern Adelaide for allegedly double parking. She contended that she was not intentionally double-parked but was instead trapped in heavy traffic on Boucaut Avenue, Blakeview, with photographic evidence from a parking inspector showing her car motionless for two minutes behind an SUV.
Her initial defence failed in the Elizabeth Magistrates Court, where Magistrate Edward Stratton-Smith ruled there was space for her to manoeuvre around the traffic. Undeterred, Ms Mathie took her case to the Supreme Court and won an appeal on a technicality. Justice Julie McIntyre found the parking ticket was not clearly labelled, failing to properly explain the offence. This critical flaw meant the council's six-month window to prosecute had expired.
A Landmark Ruling and a Costly Withdrawal
This Supreme Court decision was a landmark, casting doubt on the validity of numerous other parking tickets across the state. Playford Council, backed by Attorney-General Kyam Maher, then challenged this in the Court of Appeal. In a judgment handed down in May, the appeal court panel found the ticket, which contained the phrase 'double parking', was labelled sufficiently.
However, they also ruled that Ms Mathie's appeal was partly valid because, as a self-represented defendant in the original trial, the relevant road rules and the burden of proof had not been adequately explained to her, resulting in a miscarriage of justice. The case was ordered to be retried in the Magistrates Court. Instead of proceeding with a new trial, the council withdrew the charges.
The Court of Appeal ordered Playford Council to pay $10,580 in costs to Ms Mathie. This sum was a fraction of the more than $57,000 she had sought to cover her extensive legal fees. The judgment noted that neither party achieved total success.
The Wider Implications for Councils and Drivers
A spokeswoman for Playford Council stated they pursued the appeal to preserve the integrity of the expiation process. The council was worried that the legal implications of not challenging the initial Supreme Court win would have been substantial not just for them, but for other councils and police forces, potentially invalidating countless penalties.
While Ms Mathie is no longer liable for the original £80 fine, her pyrrhic victory highlights the immense financial risks individuals can face when challenging local authority penalties, even when they are ultimately successful on a point of law.
