Hi there. In the City of Joondalup, parking regulations are contained in the Parking Local Law 2013. Clause 2.4 of the Law states that a driver shall not park a vehicle where a parking sign indicates a fee is payable for parking unless: (a) the vehicle is parked in compliance with any instructions on the sign, meter, ticket or ticket issuing machine, and the necessary fee is paid for each parking stall that the vehicle occupies. The Law defines “vehicle” very broadly to include a trailer. The Law does not distinguish between boat and box trailers.

From the information you provided, it appears that you have been issued an infringement for breaching the above parking regulation. Appealing the infringement on the grounds that the sign was unclear or ambiguous is a difficult task, as the law in this area is unclear and the council will probably fight to keep the infringement in place.

Although the law regarding interpretation of parking signs is not black and white, on the basis that the Parking Local Law 2013 does not distinguish between different types of trailers, it is likely that parking a trailer of any type in that parking area would breach clause 2.4. Furthermore, if a court were to decide the matter, it would be asked to put itself in the shoes of an ordinary person reading the parking sign. As courts always take an objective (rather than subjective) approach to deciding matters, it is irrelevant that you personally interpreted the sign as applying only to boat trailers. The court would make its decision based on a reasonable person’s interpretation of the parking sign, which may be that the sign applied to any trailer.

Alternatively, if you parked the box trailer unattached to a vehicle, it is possible that the council issued you with an infringement on different grounds. Clause 3.9 of the Law states that a driver shall not park a vehicle at a parking facility if the vehicle is a trailer or a caravan unattached to a motor vehicle. If the council has issued your infringement on this basis (rather than non-compliance with a parking sign), then you would not be able to appeal the infringement on the basis of ambiguity or misinterpretation.

Suggested way forward

The law is uncertain with respect to interpreting and misinterpreting parking signs. The above information gives an indicator of some of the arguments you would need to address if you were to pursue the matter further. If you deem it to be financially viable, you should speak to a solicitor who can assess your matter further and advise you on the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.