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[NSW] Is this fine void ?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Powers, Jul 18, 2008.

  1. Hey all, On sunday i got caught riding my R6, and as Im still on my p's, I recieved a fine for no P Plates ($189) and as the policeman was unsure about the type of bike I was riding, he said he would make some inquiries and I would recieve another fine in the mail (which I got today).
    The fine I recieved today ($405) has no time written on it, and I have been told by a few people that it may also be void since I didnt recieve the fine on the spot ?
    Is it debatable ?
    I know I was in the wrong, but there may be a technicality ?
    thanks
    justin


     
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  2. the initial fine has the time on it
    pay it and move on.
     
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  3. The initial fine i recieved for riding a non learner approved bike is the one i recieved in the mail today, its the carbon copy one, with no time written on it....
     
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  4. The cost of chatting with a solicitor to verify if you can get away with it on a technicality may in fact be worth half the fine, not to mention said solicitor may say "sorry bud no dice"

    your call, but i say cop it and pay
     
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  5. no, the fine is not void.
     
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  6. fair enough
    will have to make some room in the back of the garage for the r6 for a few months then :D
     
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  7. How many points did you loose?
    I was under the impression that it was 4 points for riding a larger bike whilst on your P's.
     
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  8. Happy to be corrected but shouldnt a legal document be complete in order for it to be valid??
     
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  9. i dont know but i'd write a letter to question it anyway..
    cant hurt.
     
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  10. I have no idea, but i dislike people who try and weasel out of their responsibilities. You did the crime, you got caught, so pay the fine and get on with life. Thats just my 2cents worth.
     
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  11. Do the crime pay the fine! Simple really. You know you were wrong and dumb for doing it.

    If you had of stacked it, you would not have insurance for your injuries or any 3rd party property you may damaged.

    Cover it or store it elsewhere if your deliquent brain cannot stand looking at while you are unlicenced to ride it.
     
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  12. +1
     
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  13. I love bush lawyers. In NSW, Police are able to issue Traffic Infringement Notices up to 21 days after the offence was allegedly committed. If a TIN is not isued, they still have up to six months after the date of the alleged offence to issue a Summons for you to attend Court. At that point the Statute of Limitations kicks in and no further action can be taken. Bear in mind this is for traffic matters only.
     
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  14. Probably, but if it's contested the cops could always cancel the TIN and issue a new one with all the boxes filled in anyway.
     
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  15. damn traffic only ey? i was hoping to get away with something else.. :twisted:
     
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  16. ^Crap.

    Problem is many people who DIDN'T do the crime, pay the fine because it's cheaper and easier than getting actual justice.

    If you can have a win; every little bloke should have a go.


    Write a letter back stating that you have been issued with a fine that is lacking in detail so you are unable to properly respond to it.
    Request that they review the fine on the basis of insufficient detail.
    State you will wait for their response before any more action is taken on your part.
    State that their non-response will be taken as the matter having been dropped and no further action is required.
    If you don't receive a response, send a letter protesting their non-response giving them a further 7 days to respond [coz you're such a nice guy].
    Send everything via registered post.
    See what happens.

    You don't ask; you don't get.

    You may be lucky and they withdraw the fine.
    Even if they don't, they'll reissue it correctly and you might wind up with a bit of extra time to pay or something.
     
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  17. write to the Infringement Processing Bureau (IP8) explaning you recieved the fine in the mail after the offence aledgedly occurred and that the fine has no time on it so you are not sure who was riding the bike when the offence occured.
    The IPB will either throw the fine out if they feel it is nul invoid or request the issuing officer to further prove the time of the offence, such as entries in his diary or running sheet for the day.
     
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  18. Usually an erroneous TIN is enough to create reasonable doubt in court. In this case I'm not sure what you would argue. If you pay the other offence, then that can be issued into evidence that you were in fact there, doing that and therefore "guilty".

    If you write a letter there is a slim chance, but I'm guessing, as stated above, they will just cancel and re-issue or call your bluff on going to court.

    and I'm with Ktulu. what a bunch of straighty-one-eighties. :?
     
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