Question
Bee set out on a road trip to central New South Wales. Bee planned to stay at a caravan park, but decided to go for
Bee set out on a road trip to central New South Wales. Bee planned to stay at a caravan park, but decided to go for a walk in a National Park about 50k from the nearest town. Bee parked in a parking spot marked "Visitor Parking" near the trail head. Bee did not see any other sign. After a long walk in the park, Bee decided to have a nap in the car, but overslept, and woke after dark. Bee decided it would be safer to stay in the car. At 7.00 am the next morning, Bee was woken by a Council ranger, who issued Bee with an Infringement Notice for staying overnight. The Infringement Notice relevantly referred to s623(1) Local Government Actand stated: "stay overnight contrary to sign".
In respect of the parking infringement notice, can Bee challenge the Notice on any basis? In particular, has Bee been charged under the correct section, and did the Ranger have power to issue the notice? Would your answer differ if the sign Bee observed in the National Park said "Visitor Parking - Daylight Hours only"?
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