I got a fine for doing nothing!

nitroman · 26-12-2006, 06:04 PM

I just recieved a letter from the nsw state debt recovery office that says i stopped in a loading zone in liverpool for over 1/2 hour on nov 14 and pay up the 128 dollar fine, when I was at work in Young that day and the car rego isn't even mine!
They don't even give the option on the fine to say that the car isn't mine!
It looks like I'll have to go to court, but is there any easier way to deal with this problem?

TURBOTAXI · 26-12-2006, 06:07 PM

I would send a letter with any documentation that verifies your story.

If you were feeling really cheeky include an invoice for your time and postage.

RSgerry · 26-12-2006, 06:16 PM

even better, let them take you to court,providing you can prove you were somewhere else. then, in court, they will be shown up and you will get the chance to ask for compensation.

MNM96 · 26-12-2006, 06:16 PM

Send a letter stateing your case. If you can back up your whereabouts then they may ask who was driving your car. Then again it is likely that it has been a drama at the ticketing office, so state your case, and it will likely go away. Do not sit thinking it will go away without your intervention, cause it won't!
Cheers,
Mike

fiery · 26-12-2006, 06:22 PM

Quote:

Originally Posted by MNM96

they may ask who was driving your car.

But nitroman stated this

Quote:

Originally Posted by nitroman

the car rego isn't even mine!
They don't even give the option on the fine to say that the car isn't mine!

I would write a letter or maybe even go to a legal aid person and get an official letter typed out (some will do it for free seeing as you are in the right etc), stating the car is not yours, they in fact have the wrong rego etc.

That is all you have to share with them.. You don't need to prove you were elsewhere considering they have the wrong vehicle.

**GasoLane** · 26-12-2006, 06:26 PM

If the car rego isn't yours it's not you! They stuffed up (again) ring them up and tell them.... but first go to the RTA, give them your customer number and ask them how many cars are registered in your name. Then ring the SDRO and ask them to pull their head in!

But the 14th Nov was only about 7weeks ago. This seems a little soon for the SDRO to be involved, was that this year or 2005?

nitroman · 26-12-2006, 06:33 PM

It was apparently the 14th nov 06 at 1:06 pm. I'll give these tossers a call tomorrow.

**GasoLane** · 26-12-2006, 06:37 PM

Quote:

Originally Posted by nitroman

It was apparently the 14th nov 06 at 1:06 pm. I'll give these tossers a call tomorrow.

Yeah, thats weird. It normally takes almost that long just for the reminder to be sent out. SDRO dont usually dont get involved until about 3-4 months later!

But being a Govt office they've probably all knocked off untill the new year, keep us informed.

nitroman · 26-12-2006, 06:44 PM

No worries ,I'll let you all know what happens. Thanks all of you for your help.

ThoR_ · 26-12-2006, 06:44 PM

BWAHHAHAHAHAH! Thats awsome. No way they can fine you if it wasnt even you and the rego aint even yours

1970galaxie · 26-12-2006, 08:15 PM

Just ignore the letter.
Wasn't your car, not your problem!

Krytox · 26-12-2006, 11:24 PM

I copped the same thing 8yrs ago.
I owned a Datto... (oooh yeh)
And I received a parking fine for a Grey Nissan Patrol which had my plate numbers on it? and was booked for parking in a no standing zone at 8:30am in a school area in toorak!
(Obviously someone dropping off kids in the morning)

1: I was working my own hours back then and the Fine was at 8:30am (like f$%k I was awake!)
2: Me in toorak pftt!

So I contacted the alledged council and told them the fairy tale about the 'wrong car incident' and thought it was a 2min verbal job.

They then ordered me to photo-copy my Rego and a send them the original infringment and a basic run down to prove it wasnt me on that day.

So I gave them all the info requested and sent them an invoice for $50.45 for wasting my time/general office duties and the .45c for the stamp.

To this day I am waiting for a reply.

XR Martin · 26-12-2006, 11:47 PM

Quote:

Originally Posted by Krytox

So I gave them all the info requested and sent them an invoice for $50.45 for wasting my time/general office duties and the .45c for the stamp.

To this day I am waiting for a reply.

Send them another, bumping the invoice to $150.45 for late fees and administrations costs.

banarcus · 27-12-2006, 08:56 AM

Quote:

Originally Posted by 1970galaxie

Just ignore the letter.
Wasn't your car, not your problem!

Unfortunately ignorance doesn't work in the fine state of NSW. If you ignore the fine, subsequent reminder and then enforcement letter, the fine just goes up an up until the RTA suspends your licence and rego and then you get a knock on the door and the sherriff comes in to collect your TV etc.

In short, take it to Court but dont ignore the letters.

smiley · 27-12-2006, 09:10 AM

no need to jump to court so quickly, a simple phone call will likely sort the problem out.

4.9 EF Futura · 27-12-2006, 09:25 AM

Im sure we can all agree that the last thing the court system needs is to be choked up with more traffic related matters. Sure, take it to the magistrate if need be... but for now, just try and sort it out over the phone. It's not your car, it shouldnt be a big deal.

Mistakes happen.

nitroman · 27-12-2006, 11:48 AM

I just called the SDRO and apparently I have owned a Holden ute(the vehicle the fine applies to) scince the 4th of jan 2000! Now I can't recall buying this vehicle or ever driving it, but apparently I do own it! Maybe I should get the cops to recover it for me!
Anyway the SDRO woman told me to call the rta who of course are shut today and sort this out, so I'll keep you all posted.

Pedro · 27-12-2006, 12:22 PM

Sorry nitroman but it's beginning to look like stolen identity. I hope it's not, for your sake.
A mate of mine in Sydney had his identity stolen by a law breaking germ in Newcastle. Every time this germ commits an offence, the coppers (who know about my mate's predicament), come around to his house for proof it's not him. And try as he might, he can't get his stolen identity out of the system.

mrgo40rd · 27-12-2006, 12:33 PM

yer had a mate that did not dispose of a set of plates (he had sent the car to the wreakers) with the plates still attached 5 years later he recieved a fine for not paying the toll on a heavy vehicle on the m5 (in syd) he contacted the rta and asked why he recived a fine they said the plates had not been disposed of and he has to pay any fine they incure he canncelled them asap some guy had them on a truck and they came of a datto

protd · 27-12-2006, 12:37 PM

i had a simalar thing happened a few years back i just tossed the letter and ignored it and never heard another thing from it.. on the off chance you get another letter just call them and tell them it's not your rego.. they cant fine you for it.. you wont have to go to court over it..

XR Martin · 27-12-2006, 01:44 PM

Quote:

Originally Posted by protd

i had a simalar thing happened a few years back i just tossed the letter and ignored it and never heard another thing from it.. on the off chance you get another letter just call them and tell them it's not your rego.. they cant fine you for it.. you wont have to go to court over it..

Did you read his subsequent post? The car is apparently in his name, so either there is someone with the exact same name and theres a mixup with addresses, or someone has stolen his identity.
Either way he;s going to need to get it sorted, as its not just a simple error.

XRchic · 27-12-2006, 02:05 PM

It could also be someone with his name and they just got the address and/or birthday wrong. That happened to me once. Identical full name, and birthday which was close with month and day (not year) and they got the address wrong - had the cops on my doorstep wanting to arrest me for a petrol run!!!!

It definitely needs looking into though, not ignored.

It should not need to go to court, and it should not need a lawyer (legal aid dont do that kind of work from what I know). If you can write like an adult and convey your message well enough, and you can supply evidence as required, then you should be fine.

But as others have suggested, get on the phone first, after the holidays are over and everything is settled down.

Good luck mate!

BAFalconXT · 27-12-2006, 02:13 PM

Dont waste your time trying to call them or send a letter. Let them waist their time and money sending you to court in 6 months time, then lodge your defence paper then stating the car, rego isnt yours. But, if you write them a letter and explain, they will probably just erase it from the system. I have done it lots of times, only once have they not cancelled a parking fine of mine

protd · 27-12-2006, 02:20 PM

Quote:

Originally Posted by XR6 Martin

Did you read his subsequent post? The car is apparently in his name, so either there is someone with the exact same name and theres a mixup with addresses, or someone has stolen his identity.
Either way he;s going to need to get it sorted, as its not just a simple error.

yes i read it and as i said mine was similar but for speeding.. fine was in my name but car rego was not mine nore was the car the same model.. i disregarded the letter and heard nothing else.. as long as his story is true and the car and the rego ain't his, he can disregard it also :voldar02:

PS my wife is a solicitor so I'm not just pulling pie in the sky stuff out of the air..

XRchic · 27-12-2006, 02:35 PM

Quote:

Originally Posted by BAFalconXT

Dont waste your time trying to call them or send a letter. Let them waist their time and money sending you to court in 6 months time, then lodge your defence paper then stating the car, rego isnt yours. But, if you write them a letter and explain, they will probably just erase it from the system. I have done it lots of times, only once have they not cancelled a parking fine of mine

I wouldnt recommend that at all... the court system is clogged enough as it is, and it will be quite a lot of drama. Not to mention, a waste of time.

DTFRMONT · 27-12-2006, 07:54 PM

I've noticed the parking officers around where I work (Whitehorse) take photos when the book an illegally parked car, obviously to back themselves up if they have comeback.

BAFalconXT · 28-12-2006, 11:12 AM

Quote:

Originally Posted by XRchic

I wouldnt recommend that at all... the court system is clogged enough as it is, and it will be quite a lot of drama. Not to mention, a waste of time.

Its easy as, I have been to court many times. In a matter like this, they send you a form or you have to go into a court house and lodge a defence(fill out a form). eg "Not my car, not my rego". The council will withdraw their claim... Sometimes thats easier than trying to explain to some nitwit on the phone who doesnt have the authority to reverse you fine anyway.

TUF514 · 28-12-2006, 11:16 AM

how did they get your details?

a month and a half later they send out a fine? ****wits.... its rubbish mate.

fight them!!!

you should try dealing with SPUR.

XRchic · 28-12-2006, 12:16 PM

Quote:

Originally Posted by BAFalconXT

Its easy as, I have been to court many times. In a matter like this, they send you a form or you have to go into a court house and lodge a defence(fill out a form). eg "Not my car, not my rego". The council will withdraw their claim... Sometimes thats easier than trying to explain to some nitwit on the phone who doesnt have the authority to reverse you fine anyway.

Well yes, but that is not quite the same thing as 'going to court'. That is a section 54 form from memory, which does exactly that. So you would 'let' the matter proceed to a court date, then you present yourself at a court venue to collect your form (they will not post it) and fill it out and send it in before your court date. Yes, you can do that without too much drama.

I know that section 54 form is for a few things, and people use it to say they were never notified of the offence, but I think there is more than one option to tick on the form.

It is like a stat dec in that you are giving evidence, that you are giving it under oath (witnessed by JP or similar), yes that is not a bad way to go.

I think this case may be a little more complicated though...

Keepleft · 29-12-2006, 11:08 AM

Quote:

Originally Posted by XR6 Martin

Send them another, bumping the invoice to $150.45 for late fees and administrations costs.

I agree:-)

The state makes an accusation that 'it was you', then let them so prove.