Nomination more than 12 months Since offence

Court proceedings and Legal Process
Linkedinjustice
Posts: 3
Joined: Fri Jun 23, 2017 11:10 pm

Nomination more than 12 months Since offence

Postby Linkedinjustice » Wed Mar 28, 2018 8:29 pm

Good Evening,

Last year I became aware of 5 infringements at enforcement order stage, I had moved around a lot and lent a friend my car.

I immediately submitted a stat dec stating I had just become aware of the offences along with an application for revocation of the enforcement order on the grounds that I was not the driver as well as a STAT DEC from the driver. This was refused.

I submitted an appeal and elected to go to court. I kept on them and FINALLy was given a court date for April.

My problem is that the court date I FINALLY received after months is more than 12 months since the offences were committed and from what I can gather from other posts this is outside the period to nominate?

I intend to arrive at court with the driver and the stat dec? will I be able to nominate the responsible driver if then judge agrees to the revocation of the enforcement order?

Hardy
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Re: Nomination more than 12 months Since offence

Postby Hardy » Wed Mar 28, 2018 10:01 pm

You got close to getting it right - should have lodged a s.67 application for extension of time instead of a s.65 application for revocation of enforcement order.
The police will say that even if revocation is granted they will not accept a nomination after 12 months has passed since date of offence. In fact, the passing of 12 months has absolutely nothing to do with it. The problem is that the deadline for nominating a driver is the filing of paperwork which causes the enforcement order to be made, and the revocation of the enforcement order does not cancel the filing of that paperwork, so the deadline for nomination is not extended. The only way to extend time for nomination is to apply for an extension of time. You have a 14 window to do that, so clearly that is no longer available. The remaining issue is whether your application for revocation met the requirements for an application for extension of time to nominate, which must be accompanied by a stat dec or affidavit. I recommend to anyone who really needs to reverse demerit points to get legal assistance or face the very real risk of stuffing it up. Given the points have already been recorded against you, how important is it that they are removed at this time? Is it really going to change anything?

Linkedinjustice
Posts: 3
Joined: Fri Jun 23, 2017 11:10 pm

Re: Nomination more than 12 months Since offence

Postby Linkedinjustice » Thu Mar 29, 2018 6:48 am

Hi Sean,

Thats the thing I did send in an application S.67 (on a stat dec) application for extension of time within 2 weeks (1 day) of becoming aware of the offence however this was completely ignored. I was sent a letter saying you haven't submitted an application for revocation please submit.

My problem is I put the revocation application in well within 12 months of the offences (1 month after the enforcement order) and applied for an appeal at court as soon as I got their lagging response to that. If I had been given a court date prior to feb I could have nominated. How is it fair that they can give me a date outside of 1 year, wouldnt they just do that for everyone? So I am likely to not achieve anything by going to court?

Hardy
Site Admin
Posts: 8461
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Nomination more than 12 months Since offence

Postby Hardy » Thu Mar 29, 2018 8:53 am

You need to go to Fines Victoria and ask them to refer your s.67 application to a Magistrates Court.
Revocation appeals always take more than 12 months to get a hearing, so they are not what you want.


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