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VIC Parking fine filled out wrong

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Matts250r, Apr 5, 2011.

  1. Hey everyone,

    Sorry to bother you, but as I'm not a law student, I don't really know how this works or doesn't.

    Anyway a received parking fine at my uni (rmit building 57), and i admit i was parked in a no-scooter/motorcycle parking area, lots of other bikes did it, so thought it was ok. stupid me.

    But just my luck, it seems the guy who filled it out was an absolute retard. Because:
    *He got the date wrong (2010) and then scribbled 11 over it, but its not very legible.
    *In the location part he wrote Building 57, but this doesn't answer the (street) and (location) requirements does it?
    *In the section "that a parking infringement was committed as indicated hereunder by a cross (X)", he didn't cross anything, and instead just circled the amount to be paid

    For what i did "contrary to a no parking sign" i should've been done for $24, not the $119 circled

    So where do i go from here?

    Do i write them a letter? and if so, what do i include? I don't want to take them to court cause its a PITA. But what are my chances? If the infringement notice is written out wrong, does that make it invalid?


  2. Unfortunately, this is a regular occurrence. I am sure there are other members within the forum who may be able to guide you more appropriately on which action to take and/or legalities involved with an incorrectly completed infringement notice.

    Whenever I have any doubt, I will contact the Ombudsman and/or Consumer Affairs, depending on the matter, and seek guidance through such avenues. Not only is a professional and informative 'plan of action' passed on but it also adds to an educational experience.

    Probably wouldn't hurt to consider the above options, if you wish, prior to writing a Letter. I have written several letters in the past, all neglected thus proving a waste of time.

    All the best with it mate and let us know how you go.
  3. It so happens that a legal type answered a very similar question on talkback radio this morning. It seems to me that if your case is actually like his example. writing a letter will result in the issuing authority re-issuing the ticket with the correct details (and penalty). Or possibly abandoning the whole thing as not worth it.

    Not doing anything will eventually see you in court and risking a greater penalty, or winning.

    Your choice.
  4. Thanks for your info titus....

    PS - Without digressing off the topic, I love your location mate (y)
    For some reason, a past 'Franko Cozzo' add comes to mind...

    (......and-a-Footie-scray) :D
  5. So who was the ticket from? Campus security, local council or parking inspectors/police?

    If it's either of the last two then you may have a chance in court as the discrepancies in the ticket can go towards reasonable doubt. However, I think someone here mentioned they take digital photos these days. So that negates that.

    If it was campus security, then there may be some internal avenue through the uni, but I don't like your chances of that being fair. Basically it's pay up or you can't enrole next semester.

    I'd say you're going to be getting your hand in your pocket.
  6. At least write and ask what offence they allege you committed. Send a photocopy of the ticket.
    If they are like the parking inspectors around here (Melb Uni) they will have taken a photo.

    This guys forums might help


    edit. if you write to them they'll probably get their paperwork right and end up charging you correctly.
  7. Best bet is write an appeal to the SDRO, it's really not worth going to court over. Write out all the circumstances, include a map of where you were, photocopy of the ticket, the rules that state the penalty should be $24 and assume who is ever reviewing your situation knows nothing about the rules and will not look anything up. If the fine is incorrect and you have some proof then you do have a chance of getting off. But I wouldn't count on it too much and save your pennies.
  8. Some one I know got done for parking in a loading zone. they wrote the ticket and even took a photo of the car in the space. turns out they wrote the rego number incorrectly.

    guy didn't do anything. just left it alone, that was about 12 months ago. nothing since. This is ACT.

    if you let them know they messed up, they will issue you with a new ticket that you have to pay.

    there's some law that requires the ticket to be 100% correct when issued to be legit. if you google around a bit, I'm sure you'll find something about the technicalities of it.
  9. In my experience, If you bring the issuing authority's attention to the errors on the expiation they will simply cancel that ticket and issue a new (correct) one.

    If you ignore it? I'm not sure who the issuing authority is, but they'll probably send you a reminder notice, then whack an extra fee on top of that etc, etc.

    If you feel that you have been issued the wrong fine amount ($24 vs $119) then write a detailed explanatory letter.

    At the end of the day you might get lucky and get it pulled, or you might not.
  10. Grrand Sale, Grrand Sale, Grrand Sale!
  11. The last time RC36 was in hospital I went to visit and returned to my car to find a love letter on the windscreen.
    Wrong Rego (**27** instead of **29**). :woot:
    I ignored it, held on to the ticket incase though, and nothing has come about.
  12. What act does it say it is pursuant to? It shuold be at the top of your fine/infringement notice. Go find that act and it should give you the 'terms' if you will that govern the infringment notice.
    A site to go look up the act is http://www.austlii.edu.au/au/legis/vic/consol_act/

  13. Thanks everyone on netrider for all your replies, I will keep you updated, and will notify of the outcome, should someone else find themselves in the same situation.

    I have held off writing a letter, because i don't want to be issued a new valid fine, i'd rather find a loophole that proves the fine is invalid and not pay anything, its just (should be) 25$ but there's a certain satisfaction that comes with getting away with it lol.

    Atm I have been so busy with uni assignments, infact I just got back from uni and my last class was 4:30 fml. But within the next couple of days or after this weekend, I will definetly actively tackle this matter, and post details.

    @toadcat, I will check it out and post the results tomorrow, my fine is in my uni bag atm and i just want to go to sleep atm, but i'm pretty sure it was the road safety act 1986, dunno where to start looking for terms of the ticket. but will start looking soon.

    for now goodnight, and thanks again
  14. I worked in security for RMIT for a long time

    Write them a letter and they more often than not drop it.....THEY NEVER take fines to court (Well they never did while I was there)..

    Take photos of where the bike was parked and also point out the errors on the ticket.

    You will find they pinged you for being in a no stopping area....

    What part of 57 did you park, if it was outside near the courtyard (next to auto doors) then its a no stopping sign?

    good luck as they are a bunch of c0cks ran
  15. It will be RMIT security there. Contact them and tell them the fine is wrong - maybe send them the $24 and say you're prepared to pay the correct fine but you will dispute the larger one. In that case they will almost certainly accept the $24.
  16. The dissatisfaction and frustration resulting from an unfair $119 fine will be far worse, should they decide to take the matter in that direction.

    Resolve the issue while the ball is in your court. AUS-ESP and TonyE have provided good advice, worth paying heed to.
  17. One more vote for sending them the $24 with an explanatory letter. Ignoring it will see you getting reamed. (By your own admission you WERE guilty.)
  18. If it's a fine issued internally, they may not take it to court but they can cross reference it to your enrolment and it may go on your record.

    I don't know about RMIT but I do know that some Universities will not permit graduation or release of results until all monies owing have been paid (library fines and parking fines definitely count). (DAMHIK!) 8-[
  19. Rubbish.

  20. Mate RMIT are useless.... I doubt they would with hold graduation for a parking fine... HELL they never (may have changed) even make staff hand back keys and security cards.

    write to them..... I saw 100's (no exaggeration) waived because people wrote in...(I think I may have even waived a few :p)