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parking fine "car"

Discussion in 'The Pub' at netrider.net.au started by nobby, Jul 2, 2011.

  1. Seeking a bit of advice on local council parking fines.

    My question is "what can they do if I refuse to pay them?"

    A couple of months back my wife rushed down to Monash hospital to be with our daughter while she had gave birth to her first child. She took the 4WD as I was "up country" in the company car.

    When she got to Monash Hospital, my wife was afraid the fourbie with roofracks, wouldn't fit under the roofline of the carpark so she parked in a 2hr spot in the street, needless to say she copped a $60 parking ticket. She was aware she would probably get a ticket and accepted she would have to pay it.

    She went back next day (still in the fourbie) and parked just around the corner from where she parked the previous day, she went up to the ward and back to the car in under 2hrs only to find another $60 parking ticket (turns out around the corner is only 1hr parking)

    I got both fines, wrote to Monash Council and explained my problem and asked if they would accept payment for one ticket as the carpark they built couldn't fit our car in.



    I got a letter back saying, no you have to pay both and BTW here's another $21.50 per ticket for late payment.

    So her two parking fines are now worth a total $163.

    I will admit I was prepared to pay the $120 for both tickets if my plea didn't work, but I am not paying the bloody extra $43 fine.

    And the more I think about the more I reckon stuff em and not pay any, so back to my original question, "what can they do if I refuse to pay them?"

    sorry if it's long winded and PLEASE don't come back and tell me it's serves me right for owning a 4WD.
     
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  2. then the debt collectors will be after her.
     
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  3. Serves you right for owning a 4wd.
    Lol
    Prety sure my sister got a paling fine and didnt pay it after a few notices they suspended her liscence yesterday.
     
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  4. how hard are they willing to chase for $163?

    can they force you to pay it?

    what are the consequences of not paying?

    How much power do local councils have?
     
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  5. they'll get the sherrif's office and you'll pay the fees associated with this.
     
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  6. then they suspend your licence, and won't let you sign up for a new licence or renew licence until you've paid your fines.

    not sure after that.
     
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  7. I thought it was vehicle rego that could not be renewed, but not 100% on that.

    Either way, pay up or be f#$%ed.
     
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  8. Suck it up, pay the fines and move on.
     
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  9. Parking fines suck. I think from memory the ones in Canberra in 2004 were $66 or something totally ridiculous. God knows what they are now.
     
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  10. Then why say it?????

    It's state dependant what they do and in this case it's VICTORIA.
    A COUNCIL cannot suspend your license for non payment of fines.
     
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  11. the COUNCIL approaches the debt collection agency. if the debt collection agency is unable to retrieve funds they then suspend licence. yes, this is how it works in nsw, and obviously i'm not 100% sure in vic, but i did hear something once that it was the same or similar.

    http://online.fines.vic.gov.au/fines/Content.aspx?page=18#What-will-happen-if-I-dont-pay-my-fine

    http://online.fines.vic.gov.au/fines/Content.aspx?page=91&s=1&rm=85&p=0

    i like being right sometimes :)
     
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  12. The chain of events is as follows:

    1. You have 28 days to provide payment (as noted on the PIN)
    2. If you do not pay within 28 days, a Reminder Notice is issued with additional costs. Its not an additional fine as you stated
    3. You have another 28 days to pay the Reminder Notice or contact the Council to discuss options
    4. If you still refuse to pay, the council may register the matter with the Infringements Court

    5. The Court will issue an Enforcement Order against you with added costs again. Once you have been served with the enforcement
    order, you can apply to the Infringements Court to have it revoked (withdrawn) if you believe you should not have to pay the PIN's.
    If the Court decides to withdraw the enforcement order, that does not mean the parking infringement notice is cancelled. It simply
    means it has been sent back to the council

    6. Once the enforcement order has been issued, you have 28 days to provide payment. If you still refuse to pay, an infringement
    warrant is issued with further costs added

    7. Once the infringement warrant is issued, payment is required within 7 days
    8. If payment is not made within 7 days, Sheriff officers will visit you at home to discuss the matter

    9. At any time the Sheriff has authority to seize any personal property (including your vehicle) to sell to recoup your debt. They can
    suspend your drivers license. They can suspend your vehicle registration. They can place wheel clamps on your car or they can arrest
    you. If they arrest you, the officer may offer you a community work permit if they deem you eligible. If you are are not eligible, you
    will have to go to court. The council will then decide whether to cancel the PIN or send the matter to the Magistrates Court to be
    heard by a Magistrate.

    10. The Magistrate has the added option of imposing a sentence of imprisonment

    Victoria Parking Laws: ROAD SAFETY ROAD RULES 2009.


    The longer you take to pay the fines, the higher your costs will be.




    Justus.
     
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  13. beat you to it, justus sweetie :p
     
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  14. Thank you one and all for your replies,and Justus for the legal input, as stated earlier I was prepared to pay the fines if my plea failed, and pay them I will. What gripes me is the added $43 costs incurred while I waited for a reply from the council, those I will continue to fight, it's not the paltry $43, it's the principal.
     
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  15. not exactly.

    i didn't mean "they" the council. i know from previous experience i had unpaid stuff from a random company and ended up getting my licence suspended. updating address with all companies is pretty important.

    i never mentioned that the council specifically would suspend the licence.

    just in general.

    but whatever, continue being on your high horse and all.
     
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  16. You might even find that if it does go to a collection agency it could end up as a default on your credit rating.
     
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  17. Nobby - if by Monash hospital you are talking about Monash Medical Centre Clayton, and if you are referring to the multi-storey carpark at the aforementioned hospital, then it has nothing to do with the council. It is hospital property, so not their problem if your wife felt the fourby + roof racks wouldn't fit.

    For future reference, there is all day parking in Carinish Rd ie the road that runs along the railway, about a hundred metres from the hospital. Anything in the immediate vicinity of the hospital is either 1 or 2 hours and the parking officers are ruthlessly efficient.
     
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  18. Justus,

    13/4 & 14/4 received parking tickets

    18/4 emailed ticketing office

    26/5 received letter for non payment of fines plus costs,

    27/5 rang their office and was informed that they never received my initial email

    27/5 sent second email (plus copy of first) and received confirmation of receipt

    early June received letter stating that I needed to inform them in writing that as I was not the driver of the car and that I have permission from my wife to act on her behalf. Sent letter back with wifes signature of approval.

    28/6 received letter stating fines and costs stand

    3/7 emailed office asking them to forward me a new payment slip (minus costs) and I will pay it immediately on receipt, but as costs for late payment were received while I was waiting for a reply from their office I will not pay them and if they insist I will take the matter to legal council.


    As I said earlier, it's only $43 but it's my $43 and on principal they aint getting it.
     
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  19. Isn't withholding any payment the only incentive they have to agree to waive the fees: to recoup some cash without any hassle?

    I wouldn't be sending money away, and then asking nicely if they can waive the extra fees they have applied.
    The response will just be "Thanks for your payment. You still owe XYZ. Pay up, or we suspend your thing you use and stuff."
     
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