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Sometimes it pays to fight an infringement...NOT

Discussion in 'Politics, Laws, Government & Insurance' started by VCM, Sep 1, 2009.

  1. Ok, perhaps I was just lucky, but a while back I was nabbed not wearing a seat belt as I pulled into a shopping centre car park around the corner from home.

    The infringement I received in the mail had the location mis-spelt. I promptly sent a letter requesting an internal review and possible withdrawal.
    To my horror, I received notification that the infringement was withdrawn .. HOWEVER... the matter is going to be heard in court. :evil:
    This pissed me off, proper procedure would have me receive a reply as to whether or not my request was successful, and if not a new due date for the fine to be paid. I rang and voiced my concern, even offered to pay the damn thing but alas, since the infringement was withdrawn and no longer exists, that option was not possible.

    Anyways, cut a long story short, I went off to court ( shut the workshop :evil: ). Explained my grievance to the magistrate. Explained the reason for fighting it was to avoid my point count (being a Vic Roads RWC tester this was crucial), explained how the system did not behave as procedure would dictate.
    End result:
    The original infringement was a $135 fine and 3 points.
    I was awarded a $100 fine, $45 court cost and ZERO .. Yes ZERO points !!!!
    Damn lucky to have a sympathetic ear I say.


  2. Good work Vinnie.
  3. bad move. now brumby will target you to get the other $25 out of you :p
  4. Thanks Joel :)
    Vic: he already has .. have you guys got your new SE Water bill yet?
    65%+ increase :shock:
  5. VCM I hope I'm not going to burst your bubble, but I was of the understanding that in Victoria the courts have no powers whether to enforce Demerit Points or not if you have been found guilty. So as you have been found guilty by the Magistrate even though he/she didn't make any mention of Demerit Points Vic Rds automatically issue them.

    You could ring the 131 171 phone number on the back of your licence in a couple of weeks to find out if the Demerit Points were issued or not and let us all know.
  6. ... I just rang .. and yep it's burst .. 3 points were added
    Really pissed off now :evil: .. and also very embarrassed :oops:
    I just assumed as there was no mention of points in court etc...
    Perhaps I'd best delete this topic ? Feel like a fcuking goose!
  7. So you're half a day and $10 worse off than you would have been? I think we've just learned to bend over and take it.
  8. not always...
  9. That sux VCM, but apparently it is working for some people

    Motorists 'save $6m in parking fines'


  10. Well he wasn't wearing a seatbelt, and he got done for it. Seems fair enough to me. What did the magistrate say about the procedure?

    I hope the demerit points don't affect you too badly.
  11. Roh, without passing judgement on Vinnie, that was no more and no less than what I said.

    Interesting that the authorities took the initial dispute of the facts to be a request to elect the case to be heard by a magistrate. Seems it cost everyone more than if they'd written back and said 'too bad...'. But logic and common sense takes a back seat to process.
  12. As naive as I was, thinking I had dodged the points, I honestly thought the old aussie tradition of a 'fair-go' was still embedded into our society.
    Fact is.. the system stuffed-up twice. Once with the infringement notice being 'faulty' and then once again in the way procedure was not followed.
    Had the boot been on the other foot, I'd bet they'd come out smelling of roses. Double standards I guess, but it goes without say that no matter what, the general public will always be shafted.
    I agree with what's been said .. and I have no-one else to blame.
    What a total waste of time and money :roll:
    Guess I'll have to just suck it up and hang on the that ONE point I have left.
  13. Treasure it dearly....

    I still don't see the point with the fine and points. I know it's the law, but if that was the bit that meant you lost your licence, what actual purpose is served? Call me old fashioned, but I thought the law was supposed to have a purpose and not just be punitive.
  14. I hate to say it, but sometimes there are only two options:
    (a) Cop it sweet. pay the $$.
    This method is best when you either did it, or it's a trivial fine and not worth extra $$ fightng.

    (b) Talk to a lawyer. If you absolutely cannot afford the loss of licence this is often the best option. An initial 1/2 hour is often free.

    The bad news is that unless you are found not guilty by the court, the points go on. The courts have no say on the issue.
  15. I never understood the idea behind appealing based on what is essentially a typo.

    Were you there? Yes.
    Was it you? Yes.
    Did you do it? Yes.

    ....hang on, so what are we doing here?

    "But, but, but sir, he spelt my name wrong." WTF.

    There's lots of reasons for tickets to be bullsh*t, and even more reasons that one shouldn't have to lose their licence over one of them, but while we're talking about common sense, this has got to be the worst common sense avenue of appeal ever, no?
  16. A couople of questions.

    Did the cop see you pull in off the main road into the carpark?

    If no, and he only saw you in the carpark without a belt on, do police have jurisdiction in a carpark that is deemed to be private property?

    I assume that the carpark in question was not sign posted as a public road that is policed. Or was it signposted to comply with the local by-laws?
  17. Damn good questions m'learned friend, but too late now.......
    (Vic where's that "barrister" icon?)
    I suppose at a pinch one could use :blah: :p
  18. Yeah mate, he spotted me as I was pulling in. He was at the entrance on a 'bicycle' :shock:
    To give you an idea .. I pulled out my own drive, quiet court ( no belt ) passed 3 houses, then turned into the rear of the shopping centre car park.
    Stupid I know .. but fancy being caught at such a short distance eh

  19. :LOL: WTF are you doing driving to the shops for a distance of 3 houses? Did you need to transport your iron lung? :p
  20. True, guilty is guilty under Victoria's mandatory road rules.

    If there's new evidence, Vinnie could appeal, which then goes to the County court and the whole ticket could be thrown out if the guilty verdict is in error.

    I agree Vinnie, you were hard done by, but I did hear with my own ears a copper telling a lawyer that he had booked a trolley collector driver at Chaddy for not wearing a seatbelt as he drove around the car park. It's a pernicious and pointless fine. The law is about saving yourself in an at speed collision... not at walking speed under hazard lights at a carpark :roll: