David Gardiner

Journalist

A Port Douglas cruise operator says he is willing to fight in court what he believes was a wrongfully issued penalty infringement notice by Council.

Colin Simpson of yacht charter business, Indigo Port Douglas, said he recently used the loading zone outside of the Cotton On store in Macrossan Street, while he picked up a few items of food in the nearby shopping village for a cruise that day. 

Mr Simpson told Newsport he had parked in the loading zone because his vehicle is a commercial vehicle, clearly marked with a large, identifying business name and logo, including his business phone numbers.

“Off to Coles, the bakery and the seafood shop to buy our food for the trip so it’s nice and fresh,” Mr Simpson said.

“I was actually waiting for the cooked chook to be ready at Coles, and eight minutes past eight, I get a ticket for being in a loading zone, in a commercial vehicle.”

Mr Simpson said when he saw the infringement had been issued, he thought that it was “a bit absurd.”

What came next, according to the small business owner-operator, was even more bizarre. He quickly called Council to query the penalty ticket – for ‘stopping in a loading zone’ – and was told to “prove you’re purchasing a commercial quantity of food.” 

His charter that day happened to be for 12 people and Mr Simpson said there were about three of four bags of food to load into his car.

He has sent the receipts from that morning to Council. But he said charters vary greatly, and on other days he might only be buying food for two people.

We asked Council if it will be standing by the ticket and fine, and received this response in a statement: “The fine is being reviewed by Council.”

Newsport also asked Council through its media department: “are the local laws about using loading zones clear enough? Mr Simpson says his car is clearly marked as a commercial/business vehicle with logos, name of business and phone number, so why exactly was he issued with a penalty ticket?” we queried.

“Yes, local laws about using loading zones are clear enough. Loading zones are provided to allow the pick up or delivery of loads or people close to their destination,” was the reply in their statement.

Mr Simpson said it has almost been two weeks since Council told him they’d be reviewing the ticket and can’t understand why it’s taking them that long.

“I mean seriously! You go and have a chat to someone, hey this dude was parked there, he said it was commercial, there’s a photo of his car, yes or no? Really? I don’t think they’re that busy at Council HQ.”

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UPDATED 29/11, 2.58PM

Since Newsport published this story Douglas Shire Council has sent Mr Simpson an email saying that after a review the fine has now been waived.