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ABC News
ABC News
National
By Kathryn Bermingham

Judge dismisses driver's parking fine challenge as 'legal nonsense'

The man was issued a parking ticket in April 2019.

A self-declared "free spirit man" who told South Australia's Supreme Court he is independent of society and lives free from law and government has lost a year-long legal battle over a parking ticket.

Timothy Noel Rossiter also argued he displayed a sign stating "notice: private property, no trespassing" on his windscreen and the inspector did not have permission to attach the ticket in question.

Handing down his judgement, Justice Mark Livesey said the case involved "legal nonsense" and was "an unnecessary waste of scarce public and judicial resources".

He said Mr Rossiter had been issued a parking ticket for breaching a 30-minute time limit in the Adelaide CBD in April 2019.

But, according to a judgement published this week, he challenged the notice using a 2012 letter that denied his consent to be governed.

"My truth and law exists inside of me," Mr Rossiter wrote to the Adelaide City Council.

"If anyone does revoke or deny consent they exist free of government control and statutory restraints."

In the letter, Mr Rossiter called himself a "free spirit man" — but Justice Livesey said there was no evidence the letter was ever sent to the council and its effect is "most unclear".

"It is incapable of having any bearing at all on the prosecution case," he said.

"It is incapable of generating any defence."

The judge also noted that, despite Mr Rossiter's attempt to disengage from society, his letter sought to preserve his right to police protection and free education.

Mr Rossiter's case was first heard in the Magistrates Court where, instead of entering a plea, he spoke only the words "I am man" — but was found guilty and fined more than $1,700.

All 11 grounds of his Supreme Court appeal were dismissed by Justice Livesey, including the consent and trespass arguments, and he was fined a further $680.

The judge described Mr Rossiter's case as "without merit" and based on "various pseudo-legal arguments".

"If he has acted on the advice of others, he is well advised to stop doing so," he said.

"His decision to defend has resulted in a trivial parking fine escalating to a financial burden exceeding $2,000."

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